S T A T E O F N E W Y O R K
________________________________________________________________________
3352
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. BRADLEY, WRIGHT, WEISENBERG, JOHN, ABBATE, PERAL-
TA, FIELDS, BENJAMIN, GALEF, EDDINGTON, GABRYSZAK, KAVANAGH -- Multi-
Sponsored by -- M. of A. BOYLAND, CAHILL, COOK, GREENE, GUNTHER,
HOOPER, P. LOPEZ, MAYERSOHN, MILLMAN, PHEFFER, REILLY, SEMINERIO,
SWEENEY -- read once and referred to the Committee on Children and
Families
AN ACT to amend the social services law, in relation to determinations
made by the statewide central register of child abuse and maltreatment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 422 of the social
services law, as amended by chapter 494 of the laws of 2006, is amended
to read as follows:
(a) The central register shall be capable of receiving telephone calls
alleging child abuse or maltreatment and of immediately identifying
prior reports of child abuse or maltreatment and capable of monitoring
the provision of child protective service twenty-four hours a day, seven
days a week. To effectuate this purpose, but subject to the provisions
of the appropriate local plan for the provision of child protective
services, there shall be a single statewide telephone number that all
persons, whether mandated by the law or not, may use to make telephone
calls alleging child abuse or maltreatment and that all persons so
authorized by this title may use for determining the existence of prior
reports in order to evaluate the condition or circumstances of a child.
In addition to the single statewide telephone number, there shall be a
special unlisted express telephone number and a telephone facsimile
number for use only by persons mandated by law to make telephone calls,
or to transmit telephone facsimile information on a form provided by the
commissioner OF CHILDREN AND FAMILY SERVICES, alleging child abuse or
maltreatment, and for use by all persons so authorized by this title for
determining the existence of prior reports in order to evaluate the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03367-02-9
A. 3352 2
condition or circumstances of a child. When any allegations contained in
such telephone calls could reasonably constitute a report of child abuse
or maltreatment, such allegations shall be immediately transmitted oral-
ly or electronically by the [department] OFFICE OF CHILDREN AND FAMILY
SERVICES to the appropriate local child protective service for investi-
gation. The inability of the person calling the register to identify the
alleged perpetrator shall, in no circumstance, constitute the sole cause
for the register to reject such allegation or fail to transmit such
allegation for investigation. WHEN DETERMINING IF THE ALLEGATIONS
CONTAINED IN A TELEPHONE CALL COULD REASONABLY CONSTITUTE A REPORT OF
CHILD ABUSE OR MALTREATMENT, SUCH OFFICE SHALL EXAMINE THE PRIOR HISTORY
OF THE SUBJECT AND ANY OTHER PERSON NAMED IN THE ALLEGATION, SPECIF-
ICALLY INCLUDING ALL PREVIOUS CALLS PLACED TO THE CENTRAL REGISTER
RELATING TO THE SUBJECT OR ANY OTHER PERSON NAMED IN THE ALLEGATION
REGARDLESS OF WHETHER SUCH CALLS RESULTED IN A REPORT. If the records
indicate a previous report concerning a subject of the report, the child
alleged to be abused or maltreated, a sibling, other children in the
household, other persons named in the report or other pertinent informa-
tion, the appropriate local child protective service shall be immediate-
ly notified of the fact, except as provided in subdivision eleven of
this section. If the report involves either (i) suspected physical
injury as described in paragraph (i) of subdivision (e) of section ten
hundred twelve of the family court act or sexual abuse of a child or the
death of a child or (ii) suspected maltreatment which alleges any phys-
ical harm when the report is made by a person required to report pursu-
ant to section four hundred thirteen of this title within six months of
any other two reports that were indicated, or may still be pending,
involving the same child, sibling, or other children in the household or
the subject of the report, the department shall identify the report as
such and note any prior reports when transmitting the report to the
local child protective services for investigation.
S 2. Paragraph (a) of subdivision 2 of section 422 of the social
services law, as amended by chapter 574 of the laws of 2008, is amended
to read as follows:
(a) The central register shall be capable of receiving telephone calls
alleging child abuse or maltreatment and of immediately identifying
prior reports of child abuse or maltreatment and capable of monitoring
the provision of child protective service twenty-four hours a day, seven
days a week. To effectuate this purpose, but subject to the provisions
of the appropriate local plan for the provision of child protective
services, there shall be a single statewide telephone number that all
persons, whether mandated by the law or not, may use to make telephone
calls alleging child abuse or maltreatment and that all persons so
authorized by this title may use for determining the existence of prior
reports in order to evaluate the condition or circumstances of a child.
In addition to the single statewide telephone number, there shall be a
special unlisted express telephone number and a telephone facsimile
number for use only by persons mandated by law to make telephone calls,
or to transmit telephone facsimile information on a form provided by the
commissioner OF CHILDREN AND FAMILY SERVICES, alleging child abuse or
maltreatment, and for use by all persons so authorized by this title for
determining the existence of prior reports in order to evaluate the
condition or circumstances of a child. When any allegations contained in
such telephone calls could reasonably constitute a report of child abuse
or maltreatment, such allegations shall be immediately transmitted oral-
ly or electronically by the office of children and family services to
A. 3352 3
the appropriate local child protective service for investigation. The
inability of the person calling the register to identify the alleged
perpetrator shall, in no circumstance, constitute the sole cause for the
register to reject such allegation or fail to transmit such allegation
for investigation. WHEN DETERMINING IF THE ALLEGATIONS CONTAINED IN A
TELEPHONE CALL COULD REASONABLY CONSTITUTE A REPORT OF CHILD ABUSE OR
MALTREATMENT, SUCH OFFICE SHALL EXAMINE THE PRIOR HISTORY OF THE SUBJECT
AND ANY OTHER PERSON NAMED IN THE ALLEGATION, SPECIFICALLY INCLUDING ALL
PREVIOUS CALLS PLACED TO THE CENTRAL REGISTER RELATING TO THE SUBJECT OR
ANY OTHER PERSON NAMED IN THE ALLEGATION REGARDLESS OF WHETHER SUCH
CALLS RESULTED IN A REPORT. If the records indicate a previous report
concerning a subject of the report, the child alleged to be abused or
maltreated, a sibling, other children in the household, other persons
named in the report or other pertinent information, the appropriate
local child protective service shall be immediately notified of the
fact, except as provided in subdivision eleven of this section. If the
report involves either (i) an allegation of an abused child described in
paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand
twelve of the family court act or sexual abuse of a child or the death
of a child or (ii) suspected maltreatment which alleges any physical
harm when the report is made by a person required to report pursuant to
section four hundred thirteen of this title within six months of any
other two reports that were indicated, or may still be pending, involv-
ing the same child, sibling, or other children in the household or the
subject of the report, the office of children and family services shall
identify the report as such and note any prior reports when transmitting
the report to the local child protective services for investigation.
S 3. This act shall take effect immediately; provided, however that
section two of this act shall take effect on the same date and in the
same manner as section 1 of chapter 574 of the laws of 2008, takes
effect.