S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6427
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. BYRNE -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in relation to requiring  local
   child  protective  services  to  notify appropriate military personnel
   when a member of the armed forces is the subject of a report of  child
   abuse or maltreatment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 424 of the social services law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. ASCERTAIN WHETHER ANY SUBJECT OF  A  REPORT  OF  SUSPECTED  CHILD
 ABUSE  OR MALTREATMENT IS A MEMBER OF, OR OTHERWISE ASSOCIATED WITH, THE
 ARMED FORCES OF THE UNITED STATES.  IF CHILD PROTECTIVE SERVICES  DETER-
 MINES  THAT  SUCH  SUBJECT IS A MEMBER OF, OR OTHERWISE ASSOCIATED WITH,
 THE ARMED FORCES OF THE UNITED STATES, SUCH  CHILD  PROTECTIVE  SERVICES
 SHALL  NOTIFY  AND  SEND  A  COPY OF SUCH REPORT TO THE SECRETARY OF THE
 UNITED STATES DEPARTMENT OF DEFENSE THAT THERE IS AN ALLEGATION OF ABUSE
 AND NEGLECT THAT RELATES TO SUCH MEMBER  OF  THE  ARMED  FORCES  OF  THE
 UNITED STATES;
   §  2.  Subdivision  5-a  of section 424 of the social services law, as
 added by chapter 494 of the laws of 2006, is amended to read as follows:
   5-a. give telephone notice and forward immediately a copy  of  reports
 made  pursuant  to this title which involve 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 to the appropriate local  law  enforcement  OR  MILITARY  LAW
 ENFORCEMENT,  WHEN  APPLICABLE.  Investigations shall be conducted by an
 approved multidisciplinary investigative team, established  pursuant  to
 subdivision  six  of  section  four  hundred  twenty-three of this title
 provided that in counties without a multidisciplinary investigative team
 investigations shall be conducted  jointly  by  local  child  protective
 services  and  local  law  enforcement OR MILITARY LAW ENFORCEMENT, WHEN
 APPLICABLE.   Provided however, that  co-reporting  in  these  instances
 shall  not  be  required  when the local social services district has an
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09700-01-1

 A. 6427                             2
 
 approved protocol on joint investigations of child abuse  and  maltreat-
 ment between the local district and law enforcement. Such protocol shall
 be  submitted to the office of children and family services for approval
 and  the  office  shall  approve  or disapprove of such protocols within
 thirty days of submission. Nothing in this  subdivision  shall  prohibit
 local  child protective services from consulting with local law enforce-
 ment OR MILITARY LAW ENFORCEMENT, WHEN APPLICABLE, on any child abuse or
 maltreatment report.
   § 3. Subdivision 5-b of section 424 of the  social  services  law,  as
 added by chapter 494 of the laws of 2006, is amended to read as follows:
   5-b.  shall  make an assessment in a timely manner of each report made
 pursuant to this  title  which  involves  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 to determine whether it is neces-
 sary to give notice of the report to the appropriate local law  enforce-
 ment  entity.  If  the  local  child protective services determines that
 local law enforcement OR MILITARY LAW ENFORCEMENT shall be given notice,
 they shall give telephone notice and immediately forward a copy  of  the
 reports  to  local  law enforcement OR MILITARY LAW ENFORCEMENT.  If the
 report is shared with local law enforcement OR MILITARY LAW ENFORCEMENT,
 investigations shall  be  conducted  by  an  approved  multidisciplinary
 investigative  team,  established pursuant to subdivision six of section
 four hundred twenty-three of this title provided that in counties  with-
 out  a  multidisciplinary  investigative  team  investigations  shall be
 conducted jointly by local  child  protective  services  and  local  law
 enforcement  OR  MILITARY  LAW  ENFORCEMENT,  WHEN  APPLICABLE. Provided
 however, that co-reporting in these instances shall not be required when
 the local social services district has an  approved  protocol  on  joint
 investigations  of  child  abuse  and  maltreatment  between  the  local
 district and law enforcement. Such protocol shall be  submitted  to  the
 office of children and family services for approval and the office shall
 approve   or   disapprove  of  such  protocols  within  thirty  days  of
 submission. Nothing in this subdivision shall modify the requirements of
 this section. Nothing in this subdivision  shall  prohibit  local  child
 protective  services from consulting with local law enforcement OR MILI-
 TARY LAW ENFORCEMENT, WHEN APPLICABLE on any child abuse or maltreatment
 report and nothing  in  this  subdivision  shall  prohibit  local  child
 protective  services  and local law enforcement OR MILITARY LAW ENFORCE-
 MENT, or a multidisciplinary team from agreeing  to  co-investigate  any
 child abuse or maltreatment report.
   §  4.  Subdivision  1  of  section 424-a of the social services law is
 amended by adding a new paragraph (d-2) to read as follows:
   (D-2) THE SECRETARY OF THE DEPARTMENT OF DEFENSE OF THE UNITED  STATES
 OR  OTHER  AUTHORIZED  MEMBER  OF  A MILITARY LAW ENFORCEMENT AGENCY MAY
 INQUIRE OF THE DEPARTMENT AND THE DEPARTMENT MAY INFORM  SUCH  SECRETARY
 OR  AGENCY  AND  THE  SUBJECT  OF THE INQUIRY, WHETHER ANY MEMBER OF, OR
 PERSON OTHERWISE ASSOCIATED WITH, THE ARMED FORCED OF THE UNITED  STATES
 IS  THE  SUBJECT  OF AN INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON
 FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE  AND  MALTREAT-
 MENT.
   § 5. This act shall take effect immediately.