S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2117                                                  A. 3032

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families

IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
  referred to the Committee on Children and Families

AN  ACT to amend the social services law, in relation to improvements in
  the state 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. Subdivisions 2 and 3 of section 422 of the social services
law, subdivision 2 as amended by chapter 717 of the laws of 1986,  para-
graph (a) of subdivision 2 as amended by chapter 357 of the laws of 2014
and  subdivision  3  as  added  by chapter 1039 of the laws of 1973, are
amended to read as follows:
  2. (a) The central register shall be capable  of  receiving  telephone
calls AND ELECTRONIC REPORTS 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  state-
wide  telephone  number  AND  INTERNET ADDRESS that all persons, whether
mandated by the law or not, may use to  make  telephone  calls  OR  SEND
ELECTRONIC  COMMUNICATIONS 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 circum-
stances  of  a  child.    In  addition to the single statewide telephone
number AND INTERNET ADDRESS, there shall be a special  unlisted  express
telephone  number  and a telephone facsimile number AND INTERNET ADDRESS
for use only by persons mandated by law to make telephone calls,  or  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01690-01-5
              

S. 2117                             2                            A. 3032

transmit  telephone  facsimile  OR  ELECTRONIC  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.  THE WEBPAGE CREATED
TO ACCEPT ELECTRONIC REPORTS  SHALL  BE  CAPABLE  OF  RECEIVING  DIGITAL
IMAGES AND ELECTRONIC DOCUMENTS IN COMMON FILE FORMATS. When any allega-
tions  contained  in  such  telephone  calls  OR ELECTRONIC REPORT could
reasonably constitute a report of  child  abuse  or  maltreatment,  such
allegations  and  any previous reports to the central registry involving
the subject of such report or children named in such  report,  including
any  previous report containing allegations of child abuse and maltreat-
ment alleged to have occurred in other counties  and  districts  in  New
York  state shall be immediately transmitted orally or electronically by
the office of children and family  services  to  the  appropriate  local
child  protective service for investigation. The inability of the person
calling the register OR MAKING THE ALLEGATION  ONLINE  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. 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. 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, involving the same child, sibling, or  other  children  in  the
household or the subject of the report, the office of children and fami-
ly services shall identify the report as such and note any prior reports
when  transmitting the report to the local child protective services for
investigation.
  (b) Any telephone call OR ELECTRONIC REPORT made by a person  required
to  report  cases  of  suspected child abuse or maltreatment pursuant to
section four hundred thirteen of this [chapter] TITLE containing allega-
tions, which if true would constitute child abuse or maltreatment  shall
constitute a report and shall be immediately transmitted orally or elec-
tronically by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES to
the appropriate local child protective service for investigation.
  (c)  Whenever  a  telephone call OR ELECTRONIC REPORT to the statewide
central register described in this section is received by  the  [depart-
ment]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, and the [department]
OFFICE OF CHILDREN AND FAMILY SERVICES finds that the  person  allegedly
responsible  for abuse or maltreatment of a child cannot be a subject of
a report as defined in subdivision four of section four  hundred  twelve
of  this  [chapter] TITLE, but believes that the alleged acts or circum-
stances against a child described in the telephone  call  OR  ELECTRONIC
REPORT  may  constitute  a  crime  or an immediate threat to the child's
health or  safety,  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  shall convey by the most expedient means available the infor-
mation contained in such telephone call  OR  ELECTRONIC  REPORT  to  the

S. 2117                             3                            A. 3032

appropriate  law  enforcement  agency, district attorney or other public
official empowered to provide necessary aid or assistance.
  3.  The  central  register  shall  include  but  not be limited to the
following information: all the information in the written AND ELECTRONIC
report; a record of the  final  disposition  of  the  report,  including
services  offered  and  services  accepted;  the plan for rehabilitative
treatment; the names and identifying data, dates  and  circumstances  of
any  person  requesting  or receiving information from the register; and
any other information which the commissioner believes might  be  helpful
in the furtherance of the purposes of this chapter.
  S 2. This act shall take effect January 1, 2017.