S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3610
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. GUNTHER, MOSLEY, MONTESANO, CROUCH -- Multi-Spon-
   sored  by  -- M.  of A. BARCLAY, COOK -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to requiring inves-
   tigation of all reports of child abuse made by a hospital  or  medical
   or law enforcement personnel
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 of section 422 of the social
 services law, as added by chapter 717 of the laws of 1986, is amended to
 read as follows:
   (b) (I) Any telephone call 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  allegations,  which
 if  true would constitute child abuse or maltreatment shall constitute a
 report and shall be immediately transmitted orally or electronically  by
 the  department  to  the  appropriate local child protective service for
 investigation.
   (II) WHEN A TELEPHONE CALL ATTEMPTING TO MAKE A REPORT OF CHILD  ABUSE
 AND  MALTREATMENT  IS  MADE  BY  A  PERSON REQUIRED TO MAKE SUCH REPORTS
 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE AND  SUCH  TELE-
 PHONE  CALL  IS  RECEIVED  FROM  A PHYSICIAN, REGISTERED NURSE, HOSPITAL
 PERSONNEL ENGAGED IN THE EXAMINATION,  CARE  OR  TREATMENT  OF  PERSONS,
 REGISTERED  PHYSICIAN'S  ASSISTANT  OR  FROM A SOCIAL WORKER OR PSYCHOL-
 OGIST; OR BY A LAW ENFORCEMENT OFFICIAL, SUCH TELEPHONE CALL  SHALL,  IF
 NOT  OTHERWISE  REFERRED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
 CONSTITUTE A REPORT AND SHALL BE IMMEDIATELY TRANSMITTED TO  THE  APPRO-
 PRIATE CHILD PROTECTIVE SERVICE FOR INVESTIGATION IN THE MANNER PROVIDED
 FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   § 2. Section 424 of the social services law is amended by adding a new
 subdivision 9-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01092-01-9

 A. 3610                             2
 
   9-A. ESTABLISH IN COOPERATION AND CONSULTATION WITH HOSPITALS, MEDICAL
 CLINICS  AND  LAW  ENFORCEMENT  OFFICIALS  WITHIN  THE  SOCIAL  SERVICES
 DISTRICT, PROCEDURES AND PROTOCOLS FOR THE COOPERATION AND  COORDINATION
 OF CHILD PROTECTIVE SERVICES WITH MANDATED REPORTERS AND MEDICAL AND LAW
 ENFORCEMENT  PERSONNEL SERVING THE SOCIAL SERVICES DISTRICT. SUCH PROCE-
 DURES AND PROTOCOLS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:
   (I) ESTABLISHMENT OF  STANDARDIZED  DOCUMENTATION  AND  PROCEDURES  BY
 WHICH A HOSPITAL MAY BE DIRECTED BY THE CHILD PROTECTIVE SERVICE TO KEEP
 A  CHILD  IN PROTECTIVE CUSTODY PURSUANT TO APPLICABLE PROVISIONS OF THE
 FAMILY COURT ACT AND THIS CHAPTER;
   (II) ESTABLISHMENT OF  PROCEDURES  FOR  THE  IDENTIFICATION  OF  CHILD
 PROTECTIVE  SERVICES WORKERS AND THE NOTIFICATION TO HOSPITALS THAT SUCH
 WORKERS ARE PRESENT AND CONDUCTING INVESTIGATIONS OR  INTERVIEWS  WITHIN
 THE HOSPITAL;
   (III)  COORDINATION WITH HOSPITALS AND WHERE APPROPRIATE, LAW ENFORCE-
 MENT OFFICIALS REGARDING PLANS FOR THE DISCHARGE OF  CHILDREN  SUSPECTED
 OF BEING ABUSED OR MALTREATED FROM THE HOSPITAL, INCLUDING THE RESPONSI-
 BILITIES OF THE CHILD'S PARENTS OR GUARDIANS TO PROVIDE MEDICAL OR OTHER
 THERAPEUTIC OR PREVENTIVE SERVICES TO THE CHILD; AND
   (IV)  ESTABLISHMENT  OF  SYSTEMS  OF  ACCESS AND COMMUNICATION BETWEEN
 HOSPITALS, LAW ENFORCEMENT AND THE CHILD PROTECTIVE SERVICE  TO  PROVIDE
 FOR THE CONSISTENT AND ONGOING PROTECTION AND SUPERVISION OF CHILDREN AT
 RISK WITHIN THE DISTRICT;
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.