§ 424. Duties of the child protective service concerning reports of
abuse or maltreatment. Each child protective service shall:

1. receive on a twenty-four hour, seven day a week basis all reports
of suspected child abuse or maltreatment in accordance with this title,
the local plan for the provision of child protective services and the
regulations of the commissioner;

2. maintain and keep up-to-date a local child abuse and maltreatment
register of all cases reported under this title together with any
additional information obtained and a record of the final disposition of
the report, including services offered and accepted;

3. upon the receipt of each written report made pursuant to this
title, transmit, forthwith, a copy thereof to the state central register
of child abuse and maltreatment. In addition, not later than seven days
after receipt of the initial report, the child protective service shall
send a preliminary written report of the initial investigation,
including evaluation and actions taken or contemplated, to the state
central register. Follow-up reports shall be made at regular intervals
thereafter in a manner and form prescribed by the commissioner by
regulation to the end that the state central register is kept fully
informed and up-to-date concerning the handling of reports;

4. give telephone notice and forward immediately a copy of reports
made pursuant to this title which involve the death of a child to the
appropriate district attorney. In addition, telephone notice shall be
given and a copy of any or all reports made pursuant to this title shall
be forwarded immediately by the child protective service to the
appropriate district attorney if a prior request in writing for such
notice and copies has been made to the service by the district attorney.
Such request shall specify the kinds of allegations concerning which the
district attorney requires such notice and copies and shall provide a
copy of the relevant provisions of law;

5. forward an additional copy of each report to the appropriate duly
incorporated society for the prevention of cruelty to children or other
duly authorized child protective agency if a prior request for such
copies has been made to the service in writing by the society or agency;

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. 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.
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 prohibit local child
protective services from consulting with local law enforcement on any
child abuse or maltreatment report.

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
necessary to give notice of the report to the appropriate local law
enforcement entity. If the local child protective services determines
that local law enforcement shall be given notice, they shall give
telephone notice and immediately forward a copy of the reports to local
law enforcement. If the report is shared with local 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
without a multidisciplinary investigative team investigations shall be
conducted jointly by local child protective services and local law
enforcement. 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 on any child abuse or maltreatment
report and nothing in this subdivision shall prohibit local child
protective services and local law enforcement or a multidisciplinary
team from agreeing to co-investigate any child abuse or maltreatment
report.

6. (a) upon receipt of such report, commence or cause the appropriate
society for the prevention of cruelty to children to commence, within
twenty-four hours, an appropriate investigation which shall include an
evaluation of the environment of the child named in the report and any
other children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other
children in the home, and, after seeing to the safety of the child or
children, forthwith notify the subjects of the report and other persons
named in the report in writing of the existence of the report and their
respective rights pursuant to this title in regard to amendment;

(b) ascertain whether the child named in the report or any other child
in the same home is in the care, custody or guardianship of an
authorized agency. Where such authorized agency is not the social
services district in which the home is located, the report shall be
forwarded as soon as possible to such authorized agency and any other
social services district charged with the care, custody or guardianship
of the child or other children in the home. Such authorized agency and
local social services district shall also be notified as to whether such
report is indicated or unfounded in accordance with subdivision seven of
this section. Nothing in this subdivision shall require such social
services district to investigate or participate in the investigation of
such report;

(c) subject to rules and regulations of the division of criminal
justice services, a manager of the child protective services unit, or a
person with law enforcement background who is specifically designated by
the commissioner of the local social services district for this purpose,
shall have access to conviction records maintained by state law
enforcement agencies pertaining to persons of or over the age of
eighteen years who (1) are currently residing in the residence of any
child who is alleged to be or suspected of being abused, maltreated, or
neglected or (2) are named in any report of suspected or alleged child
abuse, maltreatment, or neglect; provided that nothing in this
subdivision shall be construed to contradict or modify section one
thousand forty-six of the family court act. Any criminal history record
provided by the division of criminal justice services, and any summary
of the criminal history record provided by the office of children and
family services to the child protective services unit of a local social
services district pursuant to this subdivision, shall be kept
confidential and shall not be made available for public inspection.
Child protective services units shall not indicate a report solely based
upon the existence of a conviction record;

6-a. upon receipt of such report and commencement of the appropriate
investigation, where the child protective service is not able to locate
the child or has been denied access to the home or denied access to the
child named in the report or to any children in the household, and where
the child protective investigator has cause to believe a child or
children's life or health may be in danger immediately advise the parent
or person legally responsible for the child's care or with whom the
child is residing that, when denied sufficient access to the child or
other children in the home, the child protective investigator may
contact the family court to seek an immediate court order to gain access
to the home and/or the child named in the report or any children in the
household without further notice and that while such request is being
made to such court, law enforcement may be contacted and if contacted
shall respond and shall remain where the child or children are or are
believed to be present;

6-b. should the parent or persons legally responsible for the child's
care or with whom the child is residing continue to deny access to the
child, children and/or home sufficient to allow the child protective
investigator to determine their safety and if a child protective
investigator seeks an immediate family court order to gain access to the
child, children and/or home, law enforcement may be contacted and if
contacted shall respond and shall remain where the child or children are
or are believed to be present while the request is being made;

7. determine, within sixty days, whether the report is "indicated" or
"unfounded";

* 7-a. where a determination is not made within sixty days, document
in the record the reason or reasons the determination was not made
within sixty days, and determine within thirty days thereafter whether
the report is "indicated" or "unfounded";

* NB Expired July 1, 1992

8. refer suspected cases of falsely reporting child abuse and
maltreatment in violation of subdivision four of section 240.50 of the
penal law to the appropriate law enforcement agency or district
attorney;

9. take a child into protective custody to protect him from further
abuse or maltreatment when appropriate and in accordance with the
provisions of the family court act;

10. based on the investigation and evaluation conducted pursuant to
this title, offer to the family of any child believed to be suffering
from abuse or maltreatment such services for its acceptance or refusal,
as appear appropriate for either the child or the family or both;
provided, however, that prior to offering such services to a family,
explain that it has no legal authority to compel such family to receive
said services, but may inform the family of the obligations and
authority of the child protective service to petition the family court
for a determination that a child is in need of care and protection;

11. in those cases in which an appropriate offer of service is refused
and the child protective service determines or if the service for any
other appropriate reason determines that the best interests of the child
require family court or criminal court action, initiate the appropriate
family court proceeding or make a referral to the appropriate district
attorney, or both;

12. assist the family court or criminal court during all stages of the
court proceeding in accordance with the purposes of this title and the
family court act;

13. coordinate, provide or arrange for and monitor, as authorized by
the social services law, the family court act and by this title,
rehabilitative services for children and their families on a voluntary
basis or under a final or intermediate order of the family court.

14. comply with provisions of sections ten hundred thirty-nine-a and
ten hundred fifty-two-a of the family court act.

The provisions of this section shall not apply to a child protective
service with respect to reports involving children in homes operated or
supervised by the office of children and family services, the office of
mental health, or the office of people with developmental disabilities
subject to the provisions of section four hundred twenty-four-b of this
title.