Provides that when the state central register of child abuse and maltreatment receives a report by means of a telephone call from a physician, registered nurse or registered physician's assistant or from a social worker or psychologist, or by a law enforcement official, such telephone calls shall not be screened by the hotline but shall be immediately transmitted to the appropriate child protective service for investigation; provides for the child protective service of each county to establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interests of at risk children and to better provide essential services to their families.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the social services law, in relation to requiring investigation of all reports of child abuse made by a hospital or medical or law enforcement personnel
PURPOSE: To provide that when the State Central Register of Child Abuse and Maltreatment receives telephone calls from medical, law enforcement or from social workers or psychologists employed by or affiliated with hospitals such telephone calls shall not be screened by the Hotline but shall immediately be referred for investigation by the Child Protective Service.
The bill further provides for the child protective service of each county to establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interests of at risk children and to better provide essential services to their families.
SUMMARY OF PROVISIONS: Section 1. Amends paragraph (b) of subdivision 2 of section 422 of the Social Services Law which states that when a person who is required (physician, nurse, hospital personnel engaged in the examination, care or treatment of persons, registered physician's assistant, social worker and psychologists) to make a telephone call to report of child abuse and maltreatment then that call should be immediately referred to the appropriate child protective service for investigation.
Section 2. Adds a new subsection 9-a to section 424 of the Social Services Law to provide that the child protective service of each county establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interest of at risk children.
Section 3. Effective Date.
EXISTING LAW: Current law requires that all calls alleging child abuse and maltreatment from mandated reporters be screened by the State Central Registry before they can be referred for investigation. Current law is silent regarding the establishment of formal and informal practices and procedure for cooperation and communication with local hospitals and law enforcement who are involved with the child protective service at the "front lines" of protecting children at risk in our communities.
JUSTIFICATION: Currently, there is a lack of clarity in the law as to the responsibilities of hospital and law enforcement professionals who work together with the child protective services in coordinating resources, sharing information and providing follow up services and support to these children at risk. Unfortunately, the tragic result
of potential breakdowns in our governmental systems designed to protect children, may also result in the death of children.
This bill is an attempt to build better bridges of communication and cooperation between public servants and medical providers who have the best knowledge of how to identify and combat child abuse in our communities.
LEGISLATIVE HISTORY: 2008: S.468 - Committed to Rules 2007: S.468 - Passed Senate 2006: S.269 - Passed Senate 2005: S.269 - Referred to Social Services, Children & Families 2004: S.4759A - Committed to Rules 2003: S.4759A - Passed Senate/A.5717A - Held in Assembly Children & Families 1999-2000: S.1257 - Passed Senate/A.2875A - Held in Assembly Children & Families 1997-1998: S.1483 - Passed Senate/A.2257 - Held in Assembly Children & Families 1996: S.6091A - Passed Senate/A.11214 - Held in Assembly Children & Families
FISCAL IMPLICATIONS: Minimal to local CPS. The required policies should already be a part of good casework practice.
EFFECTIVE DATE: This act will take effect 120 days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6115 IN SENATE (PREFILED) January 4, 2012 ___________Introduced by Sen. BONACIC -- 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 requiring inves- tigation of all reports of child abuse made by a hospital or medical or law enforcement personnel THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 422 of the social services law, as added by chapter 717 of the laws of 1986, is amended to read as follows: (b) (I) Any telephone call 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 allegations, which if true would constitute child abuse or maltreatment shall constitute a report and shall be immediately transmitted orally or electronically by the department to the appropriate local child protective service for investigation. (II) WHEN A TELEPHONE CALL ATTEMPTING TO MAKE A REPORT OF CHILD ABUSE AND MALTREATMENT IS MADE BY A PERSON REQUIRED TO MAKE SUCH REPORTS PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE AND SUCH TELE- PHONE CALL IS RECEIVED FROM A PHYSICIAN, REGISTERED NURSE, HOSPITAL PERSONNEL ENGAGED IN THE EXAMINATION, CARE OR TREATMENT OF PERSONS, REGISTERED PHYSICIAN'S ASSISTANT OR FROM A SOCIAL WORKER OR PSYCHOL- OGIST; OR BY A LAW ENFORCEMENT OFFICIAL, SUCH TELEPHONE CALL SHALL, IF NOT OTHERWISE REFERRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, CONSTITUTE A REPORT AND SHALL BE IMMEDIATELY TRANSMITTED TO THE APPRO- PRIATE CHILD PROTECTIVE SERVICE FOR INVESTIGATION IN THE MANNER PROVIDED FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH. S 2. Section 424 of the social services law is amended by adding a new subdivision 9-a to read as follows: 9-A. ESTABLISH IN COOPERATION AND CONSULTATION WITH HOSPITALS, MEDICAL CLINICS AND LAW ENFORCEMENT OFFICIALS WITHIN THE SOCIAL SERVICES DISTRICT, PROCEDURES AND PROTOCOLS FOR THE COOPERATION AND COORDINATIONEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13906-01-2 S. 6115 2
OF CHILD PROTECTIVE SERVICES WITH MANDATED REPORTERS AND MEDICAL AND LAW ENFORCEMENT PERSONNEL SERVING THE SOCIAL SERVICES DISTRICT. SUCH PROCE- DURES AND PROTOCOLS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (I) ESTABLISHMENT STANDARDIZED DOCUMENTATION AND PROCEDURES BY WHICH A HOSPITAL MAY BE DIRECTED BY THE CHILD PROTECTIVE SERVICE TO KEEP A CHILD IN PROTECTIVE CUSTODY PURSUANT TO APPLICABLE PROVISIONS OF THE FAMILY COURT ACT AND THIS CHAPTER; (II) ESTABLISHMENT PROCEDURES FOR THE IDENTIFICATION OF CHILD PROTEC- TIVE SERVICES WORKERS AND THE NOTIFICATION TO HOSPITALS THAT SUCH WORK- ERS ARE PRESENT AND CONDUCTING INVESTIGATIONS OR INTERVIEWS WITHIN THE HOSPITAL; (III) COORDINATION WITH HOSPITALS AND WHERE APPROPRIATE, LAW ENFORCE- MENT OFFICIALS REGARDING PLANS FOR THE DISCHARGE OF CHILDREN SUSPECTED OF BEING ABUSED OR MALTREATED FROM THE HOSPITAL, INCLUDING THE RESPONSI- BILITIES OF THE CHILD'S PARENTS OR GUARDIANS TO PROVIDE MEDICAL OR OTHER THERAPEUTIC OR PREVENTIVE SERVICES TO THE CHILD; AND (IV) ESTABLISH SYSTEMS OF ACCESS AND COMMUNICATION BETWEEN HOSPITALS, LAW ENFORCEMENT AND THE CHILD PROTECTIVE SERVICE TO PROVIDE FOR THE CONSISTENT AND ONGOING PROTECTION AND SUPERVISION OF CHILDREN AT RISK WITHIN THE DISTRICT; S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.