S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3470

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Children and Families

AN  ACT  to  amend  the social services law, in relation to enacting the
  "state central register technology upgrade act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be known and may be cited as the "state
central register technology upgrade act".
  S 2. Section 415 of the social services law, as amended by section 3-a
of part D of chapter 501 of the laws of 2012,  is  amended  to  read  as
follows:
  S  415.  Reporting  procedure.  Reports  of  suspected  child abuse or
maltreatment made pursuant to this title shall be  made  immediately  by
INSTANT MESSAGING, telephone or by telephone facsimile machine on a form
supplied  by  the  commissioner  of  the  office  of children and family
services.  SUCH REPORTS CONVEYED THROUGH INSTANT MESSAGING  MAY  INCLUDE
PICTURES.  Oral reports AND REPORTS MADE THROUGH INSTANT MESSAGING shall
be followed by a report in writing within forty-eight hours  after  such
[oral]  report.  Oral  reports  shall  be  made to the statewide central
register of child abuse and maltreatment unless  the  appropriate  local
plan  for  the provision of child protective services provides that oral
reports should be made to the local child protective service.  In  those
localities  in  which oral reports are made initially to the local child
protective service, the child protective service shall immediately  make
an  oral or electronic report to the statewide central register. Written
reports shall be made to the appropriate local child protective  service
except that written reports involving children being cared for in a home
operated or supervised by an authorized agency or the office of children
and  family  services shall be made to the statewide central register of
child abuse and maltreatment which shall transmit  the  reports  to  the
agency  responsible  for  investigating  the  report, in accordance with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08171-01-5
              

A. 3470                             2

section four hundred twenty-four-b of this title. Written reports  shall
be made in a manner prescribed and on forms supplied by the commissioner
of  the  office  of  children  and family services and shall include the
following  information:  the names and addresses of the child and his or
her parents or other person responsible for his or her care,  if  known,
and,  as  the  case may be, the name and address of the program in which
the child is receiving care; the child's age, sex and race;  the  nature
and extent of the child's injuries, abuse or maltreatment, including any
evidence  of  prior  injuries, abuse or maltreatment to the child or, as
the case may be, his or her siblings; the name of the person or  persons
alleged to be responsible for causing the injury, abuse or maltreatment,
if  known;  family  composition,  where  appropriate;  the source of the
report; the person making the report and where he or she can be reached;
the actions taken by the  reporting  source,  including  the  taking  of
photographs and x-rays, removal or keeping of the child or notifying the
medical examiner or coroner; and any other information which the commis-
sioner of the office of children and family services may, by regulation,
require,  or  the person making the report believes might be helpful, in
the furtherance of the purposes of  this  title.    Notwithstanding  the
privileges set forth in article forty-five of the civil practice law and
rules,  and  any other provision of law to the contrary, mandated repor-
ters who make a report which initiates an investigation of an allegation
of child abuse or maltreatment are required to comply with all  requests
for  records made by a child protective service relating to such report,
including records relating to diagnosis,  prognosis  or  treatment,  and
clinical records, of any patient or client that are essential for a full
investigation  of allegations of child abuse or maltreatment pursuant to
this title; provided, however, that disclosure of substance abuse treat-
ment records shall be made pursuant to the standards and procedures  for
disclosure  of  such  records delineated in federal law. Written reports
from persons or officials required by this  title  to  report  shall  be
admissible  in  evidence  in  any proceedings relating to child abuse or
maltreatment.
  S 3. The commissioner of the office of children  and  family  services
shall  promulgate  any  rules  and  regulations necessary to ensure that
security measures are implemented to keep  and  store  such  information
sent  via  instant  messaging  pursuant  to  section  415  of the social
services law.
  S 4. This act shall take effect immediately.