Bill S7044-2013

Relates to transmitting certain information to the local child protective services

Requires the office of children and family services to determine and then notify the appropriate local child protective service if the subject of an allegation of child abuse or maltreatment is the operator of a licensed day care or similar facility, or if any person named in a report is a known sex offender or has previously been the subject of an indicated report of abuse or neglect.

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  • Apr 21, 2014: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S7044

TITLE OF BILL: An act to amend the social services law, in relation to transmitting certain information to the local child protective services

PURPOSE:

This bill would require the Office of Children and Family Services to determine and then notify the appropriate local child protective services if the subject of an allegation of child abuse or maltreatment is the operator of a licensed day care or similar facility or if any person named in a report is a known sex offender or has previously been the subject of an indicated report of abuse or neglect.

SUMMARY OF PROVISIONS:

Section 1 amends section 422 of the Social Services Law to require the Office of Children and Family Services to determine and then notify the appropriate local child protective services agency if the subject of an allegation of child abuse or maltreatment is the operator of a licensed day care or similar facility or if any person named in a report is a known sex offender or has previously been the subject of an indicated report of abuse or neglect. This information would be transmitted to the local child protective services agency with the report for investigation.

Section 2 states that this act shall take effect immediately.

JUSTIFICATION:

In addition to operating the statewide central register, the Office of Child and Family Services also licenses and registers child care providers. Often, the operator of a child care facility will be the subject of an allegation of child abuse or neglect and the local child protective services agency is unaware. This bill requires the Office of Child and Family Services to inform the local child protective services agency if a subject of an allegation of child abuse or maltreatment is the operator of a child care facility.

This bill also requires the Office of Child and Family Services to notify the local child protective services agency if any person named in the report is a known sex offender or has previously been the subject of an indicated report of abuse or neglect. This is critical information that the local child protective services agency should have at the start of their investigation.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7044 IN SENATE April 21, 2014 ___________
Introduced by Sen. GALLIVAN -- 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 transmitting certain information to the local child protective services 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, 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 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 subdivi- sion (e) of section one thousand twelve of the family court act or sexu- al abuse of a child or the death of a child or (ii) suspected maltreat- ment 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 chil- dren in the household or the subject of the report, the office of chil- dren 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. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL IMMEDIATELY DETERMINE AND THEN NOTIFY THE APPROPRIATE LOCAL CHILD PROTECTIVE SERVICES IF A SUBJECT OF AN ALLEGATION OF CHILD ABUSE OR MALTREATMENT IS THE OPERATOR OF A LICENSED OR REGISTERED CHILD CARE FACILITY, OR ANY SIMILAR FACILITY THAT RECEIVES FUNDING PURSUANT TO TITLE FIVE-C OF ARTICLE SIX OF THIS CHAPTER, OR IF ANY PERSON NAMED IN A REPORT IS A KNOWN SEX OFFENDER OR TO HAVE PREVIOUSLY BEEN THE SUBJECT OF AN INDICATED REPORT OF ABUSE OR NEGLECT. SUCH NOTICE TO THE LOCAL CHILD PROTECTIVE SERVICES SHALL TAKE PLACE AT THE TIME THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES TRANSMITS THE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT REQUIRED BY THIS SUBDIVISION. S 2. This act shall take effect immediately.

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