S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7044

                            I N  S E N A T E

                             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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14791-01-4

S. 7044                             2

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.