Relates to the administration of the statewide central register of child abuse and maltreatment, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  550--A
     Cal. No. 1037
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced   by   Sens.  BRISPORT,  BROUK,  CLEARE,  COMRIE,  FERNANDEZ,
   GOUNARDES, HARCKHAM, HOYLMAN-SIGAL,  JACKSON,  MURRAY,  MYRIE,  RAMOS,
   RIVERA,  ROLISON,  SALAZAR,  SANDERS, SEPULVEDA, SERRANO, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Children  and  Families -- reported favorably from said
   committee and committed to the Committee on Finance -- reported favor-
   ably from said committee, ordered to first and second report,  ordered
   to  a  third  reading, passed by Senate and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend  the social services law, in relation to the adminis-
   tration of the statewide central register of child abuse and maltreat-
   ment
 
   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 section 6 of subpart A of part JJ of chapter
 56 of the laws of 2021, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00298-05-5
 S. 550--A                           2
 
 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  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,  after  utilizing protocols that would reduce implicit
 bias from the decision-making process, such  allegations,  THE  CALLER'S
 NAME,  THE  CALLER'S CONTACT INFORMATION 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. 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, involv-
 ing 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.
   § 2. Subdivision 2 of section  422  of  the  social  services  law  is
 amended by adding two new paragraphs (d) and (e) to read as follows:
   (D)  A CALLER MAKING A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT
 TO THE CENTRAL REGISTRY SHALL BE ASKED FOR THEIR NAME AND CONTACT INFOR-
 MATION. NO REPORT SHALL BE  TRANSMITTED  TO  A  LOCAL  CHILD  PROTECTIVE
 SERVICE  FOR INVESTIGATION UNLESS THE CALLER'S NAME AND CONTACT INFORMA-
 TION IS PROVIDED.  EXCEPT FOR DISCLOSURES  AUTHORIZED  BY  SUBPARAGRAPHS
 (A)  THROUGH  (C)  AND  (E) THROUGH (BB) OF PARAGRAPH (A) OF SUBDIVISION
 FOUR OF THIS SECTION, AND  DISCLOSURE  TO  THE  LOCAL  CHILD  PROTECTIVE
 SERVICE  AS  REQUIRED  PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION,
 NEITHER THE COMMISSIONER NOR THE CENTRAL REGISTER SHALL RELEASE THE NAME
 AND CONTACT INFORMATION OF A CALLER WHO MADE A REPORT OF SUSPECTED CHILD
 ABUSE OR MALTREATMENT UNLESS ORDERED BY AN ADMINISTRATIVE LAW JUDGE OR A
 COURT OF COMPETENT JURISDICTION; PROVIDED, HOWEVER, THAT THIS  PROVISION
 SHALL  NOT  APPLY  TO  INDIVIDUALS  WHO ARE MANDATED TO REPORT SUSPECTED
 CHILD ABUSE OR MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF
 THIS TITLE.  PRIOR TO THE ENTRY OF ANY SUCH  ORDER,  THE  PETITIONER  OR
 SOCIAL SERVICES OFFICIAL MAY MOVE FOR A PROTECTIVE ORDER TO WITHHOLD THE
 IDENTITY OF SUCH INDIVIDUAL IF SUCH DISCLOSURE IS LIKELY TO ENDANGER THE
 S. 550--A                           3
 
 LIFE  OR  HEALTH  OF  THE PERSON REPORTING SUCH SUSPECTED CHILD ABUSE OR
 MALTREATMENT.
   (E)  IF  A  CALLER DECLINES TO PROVIDE THEIR NAME AND CONTACT INFORMA-
 TION, THEY WILL BE CONNECTED WITH A SUPERVISOR AT THE CENTRAL  REGISTER,
 WHO  WILL  INFORM  THE  CALLER  OF THE STATUTORY PROVISIONS THAT PROTECT
 CALLERS' CONFIDENTIALITY. IF THE CALLER DECLINES TO PROVIDE  THEIR  NAME
 AND  CONTACT  INFORMATION TO THE SUPERVISOR, THE SUPERVISOR SHALL INFORM
 THE CALLER THAT (I) CONCERNS OF SUSPECTED ABUSE OR MALTREATMENT  MAY  BE
 ADDRESSED  THROUGH  SUPPORT  SERVICES IF THE CALLER CONTACTS THE DEPART-
 MENT'S HEARS FAMILY LINE OR COMMUNITY-BASED SERVICE PROVIDERS  AND  (II)
 KNOWINGLY  REPORTING  FALSE,  RETALIATORY  OR  BASELESS ALLEGATIONS IS A
 VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF THE PENAL LAW.
   § 3. Subdivision 7 of section 422  of  the  social  services  law,  as
 amended  by  chapter  434  of  the  laws  of 1989, is amended to read as
 follows:
   7. At any time, a subject of a report and other persons named  in  the
 report may receive, upon request, a copy of all information contained in
 the central register; provided, however, THAT THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES  SHALL NOT RELEASE INFORMATION IDENTIFYING A PERSON WHO
 MADE A REPORT PURSUANT TO SECTION FOUR HUNDRED FOURTEEN  OF  THIS  TITLE
 EXCEPT  WITH  THAT PERSON'S PERMISSION OR PURSUANT TO SUBDIVISION (B) OF
 SECTION ONE THOUSAND THIRTY-EIGHT OF THE FAMILY COURT ACT OR PURSUANT TO
 SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS TITLE; AND that  the  commis-
 sioner is authorized to prohibit the release of data that would identify
 the  person who made the report or who cooperated in a subsequent inves-
 tigation or the agency,  institution,  organization,  program  or  other
 entity  where  such person is employed or with which [he] SUCH PERSON is
 associated, which [he] THE COMMISSIONER reasonably finds will be  detri-
 mental to the safety or interests of such person.
   §  4.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the one  hundred  eightieth
 day after it shall have become a law.