This bill has been amended

Bill S5942-2013

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse.

Details

Actions

  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Oct 2, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5942

TITLE OF BILL: An act to amend the social services law, in relation to determinations made by the statewide central register of child abuse and maltreatment

PURPOSE OR GENERAL IDEA OF BILL:

To require that, when determining if allegations of child abuse or maltreatment should he reported, the office of children and family services examine the prior history of past reports and allegations or child abuse or maltreatment of the subject and his or her family, specifically including all previous calls to the central register relating to the subject and any other person named in the allegation regardless of whether such earlier calls resulted in a report.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (a) of subdivision 2 of section 422 of the Social Services Law to require that the office of children and family services, when in receipt of a telephone call alleging child abuse or maltreatment, examine the prior history of past reports and allegations of child abuse or maltreatment, specifically including all previous calls to the central register relating to the subject or any other person named in the allegation in determining whether allegations contained in a telephone call could reasonably constitute child abuse or maltreatment.

Section two amends paragraph (a) of subdivision 2 of section 422 of the Social Services Law to provide that if a report of child abuse or maltreatment involves either (i) an allegation of an abused child described in paragraph (i),or (iii) of subdivision (a) 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 be 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 family services will identify the report as such and note any prior reports when transmitting the report to the local child protective services for investigation.

EFFECTS OF PRESENT LAW WHICH THE BILL WILL ALTER:

The bill amends the Social Services Law to require that the prior history of reports and allegations of child abuse or maltreatment be considered prior to making a determination whether a new allegation could reasonably constitute a report of child abuse or maltreatment.

JUSTIFICATION:

Often allegations of child abuse do not appear to warrant a report of child abuse or maltreatment when viewed as an isolated incident. However, many victims of abuse or maltreatment have a history of such treatment, much of which gets called in to the central register. By requiring that this telephone call history be examined each time a new allegation arises, the ability to better identify cases of abuse or maltreatment is enhanced.

PRIOR LEGISLATIVE HISTORY:

A6404 (2011-2012) Referred to Children and Families 1/4/12 2005-2006: A10135A 2007-2008: A5885 (Passed Assembly in 2007 and 2008)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5942 2013-2014 Regular Sessions IN SENATE October 2, 2013 ___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law, in relation to determinations made by 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. Paragraph (a) of subdivision 2 of section 422 of the social services law, as amended by chapter 574 of the laws of 2008, is amended to read as follows: (a) The central register shall be capable of receiving telephone calls 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 statewide telephone number that all persons, whether mandated by the law or not, may use to make telephone calls 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 circumstances of a child. In addition to the single statewide telephone number, there shall be a special unlisted express telephone number and a telephone facsimile number for use only by persons mandated by law to make telephone calls, or to transmit telephone facsimile 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. When any allegations contained in such telephone calls could reasonably constitute a report of child abuse or maltreatment, such allegations shall be immediately transmitted oral- ly 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 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. WHEN DETERMINING IF THE ALLEGATIONS CONTAINED IN A TELEPHONE CALL COULD REASONABLY CONSTITUTE A REPORT OF CHILD ABUSE OR MALTREATMENT, SUCH OFFICE SHALL EXAMINE THE PRIOR HISTORY OF THE SUBJECT AND ANY OTHER PERSON NAMED IN THE ALLEGATION, SPECIFICALLY INCLUDING ALL PREVIOUS CALLS PLACED TO THE CENTRAL REGISTER RELATING TO THE SUBJECT OR ANY OTHER PERSON NAMED IN THE ALLEGATION REGARDLESS OF WHETHER SUCH CALLS RESULTED IN A REPORT. 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, except as provided in subdivision eleven of this section. 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, involv- ing the same child, sibling, or other children in the household or the subject of the report, the office of children and family services shall identify the report as such and note any prior reports when transmitting the report to the local child protective services for investigation. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus