Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse.
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:
This bill would require the office of children and family services to transmit, with the allegation of child abuse or neglect, all previous reports to the central registry involving the subject of the report and children named in the report.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Paragraph (a) of Subdivision 2 of Section 422 of the Social Services law to require the office of children and family services, when it transmits a new report of child abuse and maltreatment to a child protective agency for investigation, to include in such transmittal all previous reports involving the subject of the report and children named in the report including reports of allegations of child abuse or maltreatment alleged to have occurred in other counties.
Section 2: Sets an immediate effective date.
Local child protective service agencies are required to investigate calls placed to the central registry which contain an allegation which could reasonably constitute a report of child abuse or maltreatment. In order to investigate the case, child protective workers must review the history of reports made to the central registry involving the subject of the report and children named in the report. It would be appropriate that the office of children and family services provide those records since they are the keeper of those records. Additionally, local child protective service agencies do not have access to full records out of their jurisdiction, requiring the agency to request information from other child protective agencies. Since the office of children and family services has access to all records in New York State, they should provide those records in order to ensure child protective agencies have the necessary information to protect children at the start of the investigation. This work, currently done by local child protective services agencies, would give workers more time to do more field work. This is one in a series of measures being introduced at the request of the Erie County Executive upon the recommendation of the county's Commissioner of Social Services to improve the provision of child protective services to New York's children and families.
PRIOR LEGISLATIVE HISTORY:
2013: A.1987 (Titus), Referred to the Assembly Committee on Children and Families
STATE OF NEW YORK ________________________________________________________________________ 5942--A 2013-2014 Regular Sessions IN SENATE October 2, 2013 ___________Introduced by Sens. KENNEDY, BRESLIN, DILAN, ESPAILLAT, LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01751-05-4 S. 5942--A 2
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 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 MALTREATMENT 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 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
[, 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, involving 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.