Requires the recording of all calls made to the statewide central register of child abuse and maltreatment; also requires such recordings to be maintained for 5 years.
TITLE OF BILL:
An act to amend the social services law, in relation to mandating the recording of calls made to the statewide central register of child abuse and maltreatment
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the recording of calls to the statewide central register of child abuse and maltreatment made by persons required by law to report child abuse and maltreatment.
SUMMARY OF SPECIFIC PROVISIONS:
Section one creates a new paragraph (e) of subdivision 2 of section 422 of the Social Services Law to require that the office of children and family services (OCFS) record all calls made by mandated reporters to the child abuse hotline. Further, it provides that the retention of calls accepted should be maintained for the length of time required by current law. Also, it provides that calls not accepted as a report be recorded and retained for a period of five years. This bill stipulates that all recordings made pursuant to this act shall be confidential and for the purposes of quality assurance and child safety; provided, however, that recording or recordings may be made available via judicial subpoena based upon the judicial determination that such recording is necessary evidence in a criminal proceeding concerning a false allegation of child abuse and maltreatment.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
§422 (2) of the Social Services law is amended by adding a new paragraph (e).
This bill aims to better protect children by amending social services law to require that calls made by mandated reporters be recorded and retained by the Office of Children and Family Services (OCFS) for specific time Periods. Mandated reporters constitute a first line of defense against child abuse and maltreatment. Intervention is only possible after identification of abuse and/or maltreatment and it is important that those identifications are as accurate as possible. In 2006, there were 365,000 calls to the SCR, of which 157,407 were registered. Of those calls registered, 61% (96,684) were made by mandated reporters. The bill limits the recording of calls to the SCR by mandated reporters in attempt to see how implementation of this policy change will enhance the safety of children. Once the issues or recording and retention are addressed, the state should look to record all calls made to the SCR. Currently, 14 other states record calls to a child abuse hotline.
PRIOR LEGISLATIVE HISTORY:
2010: Passed Senate 2008: A4137 A (Scarborough) referred to children and families; reported and referred to codes 2007: A4137 (Scarborough) amended and advanced to third reading (Cal. 689) 2006: 11152A passed Assembly and delivered to Senate
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
First day of April next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2087 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to mandating the recording of calls made to the statewide central register of child abuse and maltreatment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 422 of the social services law is amended by adding a new paragraph (d) to read as follows: (D) (I) ALL TELEPHONE CALLS MADE TO THE STATEWIDE CENTRAL REGISTER BY PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND MALTREAT- MENT AS DEFINED IN SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE SHALL BE RECORDED. ALL PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND MALTREATMENT AS DEFINED IN THIS SECTION SHALL BE INFORMED BY THE STATEWIDE CENTRAL REGISTRY THAT SUCH CALL IS BEING RECORDED. FOR ANY TELEPHONE CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE MAIN- TAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN- TAINED FOR FIVE YEARS. (II) ALL SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL NOT BE CONSIDERED AS PART OF THE RECORD UNDER PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION AND SHALL ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT FOR THE PURPOSES OF QUALITY ASSURANCE AND ENHANCED CHILD SAFETY. (III) A COURT MAY DIRECT DISCLOSURE OF A RECORDING OR RECORDINGS UNDER THIS SUBDIVISION UPON A FINDING THAT SUCH RECORDING OR RECORDINGS ARE NECESSARY TO A DETERMINATION BEFORE THE COURT DURING A CRIMINAL PROCEED- ING CONCERNING A VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF THE PENAL LAW. S 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03581-01-1