S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1404
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. SLATER, GRAY, MAHER, BENDETT, BRABENEC, E. BROWN,
   K. BROWN,  DeSTEFANO,  DURSO,  LEMONDES, MORINELLO, TAGUE -- 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03806-01-5
 A. 1404                             2
 
 shall  not  be  required  when the local social services district has an
 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.