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

                                  3588

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 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 the receipt of
  electronic reports by the state central register of  child  abuse  and
  maltreatment;  and  to  require  the  office  of  children  and family
  services to develop and implement a web intake incident form  for  the
  receipt of electronic communications alleging child abuse or maltreat-
  ment

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

  Section 1. Subdivisions 2 and 3 of section 422 of the social  services
law,  subdivision 2 as amended by chapter 717 of the laws of 1986, para-
graph (a) of subdivision 2 as amended by chapter 357 of the laws of 2014
and subdivision 3 as added by chapter 1039 of  the  laws  of  1973,  are
amended to read as follows:
  2.  (a)  The  central register shall be capable of receiving telephone
calls AND ELECTRONIC REPORTS 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 state-
wide telephone number AND INTERNET ADDRESS  that  all  persons,  whether
mandated  by  the  law  or  not, may use to make telephone calls OR SEND
ELECTRONIC COMMUNICATIONS 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 circum-
stances of a child.   In addition  to  the  single  statewide  telephone
number  AND  INTERNET ADDRESS, there shall be a special unlisted express
telephone number and a telephone facsimile number AND  INTERNET  ADDRESS
for  use  only by persons mandated by law to make telephone calls, or to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08175-01-5
              

A. 3588                             2

transmit  telephone  facsimile  OR  ELECTRONIC  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.  THE WEBPAGE CREATED
TO ACCEPT ELECTRONIC REPORTS  SHALL  BE  CAPABLE  OF  RECEIVING  DIGITAL
IMAGES AND ELECTRONIC DOCUMENTS IN COMMON FILE FORMATS. When any allega-
tions  contained  in  such  telephone  calls  OR ELECTRONIC REPORT could
reasonably constitute a report of  child  abuse  or  maltreatment,  such
allegations  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 maltreat-
ment 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 OR MAKING THE ALLEGATION  ONLINE  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, involving the same child, sibling, or  other  children  in  the
household or the subject of the report, the office of children and fami-
ly services shall identify the report as such and note any prior reports
when  transmitting the report to the local child protective services for
investigation.
  (b) Any telephone call OR ELECTRONIC REPORT made by a person  required
to  report  cases  of  suspected child abuse or maltreatment pursuant to
section four hundred thirteen of this [chapter] TITLE containing allega-
tions, which if true would constitute child abuse or maltreatment  shall
constitute a report and shall be immediately transmitted orally or elec-
tronically by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES to
the appropriate local child protective service for investigation.
  (c)  Whenever  a  telephone call OR ELECTRONIC REPORT to the statewide
central register described in this section is received by  the  [depart-
ment]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, and the [department]
OFFICE OF CHILDREN AND FAMILY SERVICES finds that the  person  allegedly
responsible  for abuse or maltreatment of a child cannot be a subject of
a report as defined in subdivision four of section four  hundred  twelve
of  this  [chapter] TITLE, but believes that the alleged acts or circum-
stances against a child described in the telephone  call  OR  ELECTRONIC
REPORT  may  constitute  a  crime  or an immediate threat to the child's
health or  safety,  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  shall convey by the most expedient means available the infor-
mation contained in such telephone call  OR  ELECTRONIC  REPORT  to  the

A. 3588                             3

appropriate  law  enforcement  agency, district attorney or other public
official empowered to provide necessary aid or assistance.
  3.  The  central  register  shall  include  but  not be limited to the
following information: all the information in the written AND ELECTRONIC
report; a record of the  final  disposition  of  the  report,  including
services  offered  and  services  accepted;  the plan for rehabilitative
treatment; the names and identifying data, dates  and  circumstances  of
any  person  requesting  or receiving information from the register; and
any other information which the commissioner believes might  be  helpful
in the furtherance of the purposes of this chapter.
  S  2.  1. The office of children and family services shall develop and
implement a web intake incident form on the office of children and fami-
ly services website for the receipt of electronic communications  alleg-
ing child abuse or maltreatment as authorized pursuant to section 422 of
the social services law.
  2. The web intake incident form shall include but not be limited to:
  (a) Information for mandated reporters;
  (b)  Information  for  when the use of the web intake incident form is
appropriate, including notification that use of the online  form  should
not  be  used  to  report  an incident that is an emergency and that the
reporter should immediately contact emergency services;
  (c) Space to provide details  on  the  incident  in  question,  victim
information,  information of the perpetrator, and the reporter's contact
information, if applicable;
  (d) Any information required pursuant to section  422  of  the  social
services law or other applicable sections of law;
  (e)  The  ability to attach digital images and electronic documents in
common file formats; and
  (f) A review page of the information entered on the form prior to  the
electronic submission of the report.
  S  3.  This  act  shall take effect one year after this act shall have
become a law. Effective immediately, the commissioner of the  office  of
children  and  family  services  is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date, on or before such date.