S T A T E O F N E W Y O R K
________________________________________________________________________
902--B
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sens. BRISPORT, BROUK, CHU, CLEARE, COMRIE, FERNANDEZ,
GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACKSON, MURRAY, MYRIE, RAMOS,
RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Children and Families -- recommitted to the Committee on Children and
Families in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the social services law, in relation to the adminis-
tration of the statewide central register of child abuse and maltreat-
ment
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 section 6 of subpart A of part JJ of chapter
56 of the laws of 2021, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03747-10-4
S. 902--B 2
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, after utilizing protocols that would reduce implicit
bias from the decision-making process, such allegations, THE CALLER'S
NAME, THE CALLER'S CONTACT INFORMATION 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 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.
§ 2. Subdivision 2 of section 422 of the social services law is
amended by adding a new paragraph (d) to read as follows:
(D) A CALLER MAKING A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT
TO THE CENTRAL REGISTRY SHALL BE ASKED FOR THEIR NAME AND CONTACT INFOR-
MATION. NO REPORT SHALL BE TRANSMITTED TO A LOCAL CHILD PROTECTIVE
SERVICE FOR INVESTIGATION UNLESS THE CALLER'S NAME AND CONTACT INFORMA-
TION IS PROVIDED. EXCEPT FOR DISCLOSURES AUTHORIZED BY SUBPARAGRAPHS
(A) THROUGH (C) AND (E) THROUGH (BB) OF PARAGRAPH (A) OF SUBDIVISION
FOUR OF THIS SECTION, AND DISCLOSURE TO THE LOCAL CHILD PROTECTIVE
SERVICE AS REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
NEITHER THE COMMISSIONER NOR THE CENTRAL REGISTER SHALL RELEASE THE NAME
AND CONTACT INFORMATION OF A CALLER WHO MADE A REPORT OF SUSPECTED CHILD
ABUSE OR MALTREATMENT UNLESS ORDERED BY AN ADMINISTRATIVE LAW JUDGE OR A
COURT OF COMPETENT JURISDICTION; PROVIDED, HOWEVER, THAT THIS PROVISION
SHALL NOT APPLY TO INDIVIDUALS WHO ARE MANDATED TO REPORT SUSPECTED
CHILD ABUSE OR MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF
THIS TITLE. PRIOR TO THE ENTRY OF ANY SUCH ORDER, THE PETITIONER OR
SOCIAL SERVICES OFFICIAL MAY MOVE FOR A PROTECTIVE ORDER TO WITHHOLD THE
IDENTITY OF SUCH INDIVIDUAL IF SUCH DISCLOSURE IS LIKELY TO ENDANGER THE
S. 902--B 3
LIFE OR HEALTH OF THE PERSON REPORTING SUCH SUSPECTED CHILD ABUSE OR
MALTREATMENT.
§ 3. Subdivision 7 of section 422 of the social services law, as
amended by chapter 434 of the laws of 1989, is amended to read as
follows:
7. At any time, a subject of a report and other persons named in the
report may receive, upon request, a copy of all information contained in
the central register; provided, however, THAT THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL NOT RELEASE INFORMATION IDENTIFYING A PERSON WHO
MADE A REPORT PURSUANT TO SECTION FOUR HUNDRED FOURTEEN OF THIS TITLE
EXCEPT WITH THAT PERSON'S PERMISSION OR PURSUANT TO SUBDIVISION (B) OF
SECTION ONE THOUSAND THIRTY-EIGHT OF THE FAMILY COURT ACT OR PURSUANT TO
SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS TITLE; AND that the commis-
sioner is authorized to prohibit the release of data that would identify
the person who made the report or who cooperated in a subsequent inves-
tigation or the agency, institution, organization, program or other
entity where such person is employed or with which [he] SUCH PERSON is
associated, which [he] THE COMMISSIONER reasonably finds will be detri-
mental to the safety or interests of such person.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one hundred eightieth
day after it shall have become a law.
