S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    162
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the social services law, in relation to enacting the
   "state central register technology upgrade act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "state
 central register technology upgrade act".
   § 2. Section 415 of the social services law, as amended by section 3-a
 of part D of chapter 501 of the laws of 2012,  is  amended  to  read  as
 follows:
   §  415.  Reporting  procedure.  Reports  of  suspected  child abuse or
 maltreatment made pursuant to this title shall be  made  immediately  by
 INSTANT MESSAGING, telephone or by telephone facsimile machine on a form
 supplied  by  the  commissioner  of  the  office  of children and family
 services.  SUCH REPORTS CONVEYED THROUGH INSTANT MESSAGING  MAY  INCLUDE
 PICTURES.  Oral reports AND REPORTS MADE THROUGH INSTANT MESSAGING shall
 be followed by a report in writing within forty-eight hours  after  such
 [oral]  report.  Oral  reports  shall  be  made to the statewide central
 register of child abuse and maltreatment unless  the  appropriate  local
 plan  for  the provision of child protective services provides that oral
 reports should be made to the local child protective service.  In  those
 localities  in  which oral reports are made initially to the local child
 protective service, the child protective service shall immediately  make
 an  oral or electronic report to the statewide central register. Written
 reports shall be made to the appropriate local child protective  service
 except that written reports involving children being cared for in a home
 operated or supervised by an authorized agency or the office of children
 and  family  services shall be made to the statewide central register of
 child abuse and maltreatment which shall transmit  the  reports  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02652-01-7

 A. 162                              2
 
 agency  responsible  for  investigating  the  report, in accordance with
 section four hundred twenty-four-b of this title. Written reports  shall
 be made in a manner prescribed and on forms supplied by the commissioner
 of  the  office  of  children  and family services and shall include the
 following information: the names and addresses of the child and  his  or
 her  parents  or other person responsible for his or her care, if known,
 and, as the case may be, the name and address of the  program  in  which
 the  child  is receiving care; the child's age, sex and race; the nature
 and extent of the child's injuries, abuse or maltreatment, including any
 evidence of prior injuries, abuse or maltreatment to the  child  or,  as
 the  case may be, his or her siblings; the name of the person or persons
 alleged to be responsible for causing the injury, abuse or maltreatment,
 if known; family composition,  where  appropriate;  the  source  of  the
 report; the person making the report and where he or she can be reached;
 the  actions  taken  by  the  reporting  source, including the taking of
 photographs and x-rays, removal or keeping of the child or notifying the
 medical examiner or coroner; and any other information which the commis-
 sioner of the office of children and family services may, by regulation,
 require, or the person making the report believes might be  helpful,  in
 the  furtherance  of  the  purposes of this title.   Notwithstanding the
 privileges set forth in article forty-five of the civil practice law and
 rules, and any other provision of law to the contrary,  mandated  repor-
 ters who make a report which initiates an investigation of an allegation
 of  child abuse or maltreatment are required to comply with all requests
 for records made by a child protective service relating to such  report,
 including  records  relating  to  diagnosis, prognosis or treatment, and
 clinical records, of any patient or client that are essential for a full
 investigation of allegations of child abuse or maltreatment pursuant  to
 this title; provided, however, that disclosure of substance abuse treat-
 ment  records shall be made pursuant to the standards and procedures for
 disclosure of such records delineated in federal  law.  Written  reports
 from  persons  or  officials  required  by this title to report shall be
 admissible in evidence in any proceedings relating  to  child  abuse  or
 maltreatment.
   §  3.  The  commissioner of the office of children and family services
 shall promulgate any rules and  regulations  necessary  to  ensure  that
 security  measures  are  implemented  to keep and store such information
 sent via instant  messaging  pursuant  to  section  415  of  the  social
 services law.
   § 4. This act shall take effect immediately.