S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    607
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law,  in  relation  to  transmitting
   certain information to the local child protective services

   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 357 of the laws of 2014, 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  and  any  previous  reports to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02713-01-9

 S. 607                              2
 
 central registry involving the subject of such report or children  named
 in  such report, including any previous report containing allegations of
 child abuse and maltreatment 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  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, 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.
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL IMMEDIATELY DETERMINE
 AND THEN NOTIFY THE APPROPRIATE LOCAL CHILD  PROTECTIVE  SERVICES  IF  A
 SUBJECT  OF AN ALLEGATION OF CHILD ABUSE OR MALTREATMENT IS THE OPERATOR
 OF A LICENSED OR REGISTERED CHILD CARE FACILITY, OR ANY SIMILAR FACILITY
 THAT RECEIVES FUNDING PURSUANT TO TITLE FIVE-C OF ARTICLE  SIX  OF  THIS
 CHAPTER,  OR  IF ANY PERSON NAMED IN A REPORT IS A KNOWN SEX OFFENDER OR
 TO HAVE PREVIOUSLY BEEN THE SUBJECT OF AN INDICATED REPORT OF  ABUSE  OR
 NEGLECT.   SUCH NOTICE TO THE LOCAL CHILD PROTECTIVE SERVICES SHALL TAKE
 PLACE AT THE TIME THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES TRANS-
 MITS THE REPORT OF SUSPECTED CHILD ABUSE OR  NEGLECT  REQUIRED  BY  THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.