Provides that calls to hotlines operated by the office of children and family services are confidential

Section 2 of the bill would amend SSL § 390(3)(c) to protect from disclosure the identity of a person making a complaint to the OCFS toll-free telephone line for inquiries and complaints about child day care programs. Any records that could identify a complainant would be confidential and would not be disclosed without that person's written permission, except where a law enforcement agency states that the information is necessary for a criminal investigation or prosecution, or where disclosure is ordered by a court upon a finding that the information is necessary to determine an issue before the court.

Section 3 of the bill would amend SSL § 422(2)(c) to protect from disclosure any record pertaining to a telephone call to the SCR that does not constitute a report of suspected child abuse or maltreatment because the person responsible cannot legally be the subject of a report. The amendment would clarify that these records are confidential and are not disclosable except to a law enforcement agency where the circumstances described in the call may constitute a crime or an immediate threat to the health or safety a child.

Section 4 of the bill would add a new paragraph (d) to SSL § 422(2) to protect from disclosure any record pertaining to a telephone call to the SCR that does not constitute a report of suspected child abuse or maltreatment for a reason other than specified in paragraph (c). The amendment would clarify that these records are confidential and are not disclosable except to a law enforcement agency where the agency states that the information is necessary for a criminal investigation or prosecution, or where disclosure is ordered by a court upon a finding that the information is necessary to determine an issue before the court. New paragraph (d) also would make clear that the SCR is not required to maintain any record pertaining to a call that is not accepted as a report.

Section 5 of the bill would amend SSL § 422(4) to make certain technical clarifications and protect from disclosure telephone records identifying the numbers from which calls are made to the SCR. The amendments would make it clear that a caller's telephone number and other contact information are confidential.

Section 6 of the bill would amend SSL § 422(12) to provide that any person who willfully discloses, permits the disclosure of, or encourages the release of any data and information contained in the SCR in violation of law is a class A misdemeanor.

Section 7 of the bill provides for an immediate effective date, except that section 6 of the bill would take effect on the first November first after the bill becomes law.

Existing law

SSL § 372-g establishes the AIPA and requires that OCFS implement a public information program to inform the public about the provisions of the AIPA, through the availability of educational materials in various media, public service announcements, and a toll-free hotline.

SSL § 390(3) authorizes OCFS to make announced and unannounced inspections of licensed and registered child day care providers and to investigate reports of persons who may be providing child day care without the appropriate license or registration. The monitoring authority in SSL § 390(3) includes a requirement that OCFS establish a toll-free statewide telephone number to receive inquiries about child day care and complaints regarding statutory and regulatory violations.

SSL § 422(4) makes SCR records confidential and governs their disclosure. SSL § 422(12) provides that a person who willfully permits and a person who encourages the release of confidential SCR data to an unauthorized person is guilty of a class A misdemeanor.

SSL § 422(12) provides that it is a Class A misdemeanor to permit or encourage the release of any data or information in the SCR.

Prior legislative history

This is a new bill.

Statement in support

OCFS is concerned about maintaining the confidentiality of sensitive information received through the SCR and other hotlines operated by OCFS. This bill would strengthen existing confidentiality provisions governing the SCR to better protect the identity of callers and the confidentiality of SCR records. The bill would also address the need to protect the identity of callers to the AIPA hotline and complainants who call the OCFS child day care toll-free telephone line.

SSL § 422 sets forth the responsibilities of the SCR to receive reports of suspected child abuse and maltreatment, refer accepted reports for investigation and provide due process for subjects who wish to challenge an "indicated" report. SSL § 422(4) makes SCR records and the identity of a person who reports suspected child abuse or maltreatment to the SCR confidential. This bill would amend SSL § 422 to clarify that telephone records that identify the numbers from which calls to the SCR were made are also confidential. In addition, information concerning a call to the SCR, even if the call is not accepted as a report, and any records generated by such call, are also confidential. This bill would also amend SSL § 422(12) to provide that a person who willfully and wrongfully accesses or discloses confidential information from the SCR is guilty of a class A misdemeanor. The current statute only provides for the crime of wrongfully releasing confidential SCR information, not the crime of wrongfully accessing such information. This bill also safeguards the confidentiality of the identity of callers to the AIPA hotline and to the OCFS child day care toll-free telephone line.

The purpose of the AIPA is to encourage a person who is considering abandoning his or her newborn baby to instead leave the baby with an appropriate person, or in a suitable location and promptly notify an appropriate person. Where a baby is safely abandoned, the Penal Law provides an affirmative defense to prosecution for abandonment. Guaranteeing the confidentiality of the identity of callers would encourage persons to call the AIPA hotline without fear of retribution or adverse consequences. Although OCFS does not maintain any records pertaining to calls to the AIPA hotline, this bill clarifies that a court order would be necessary to compel any disclosure. Similarly, this bill makes clear that the identity of complainants calling the OCFS toll-free number to report child day care violations is confidential. This should encourage reporting and better protect the safety of persons calling the day care complaint line. Reports to the toll-free telephone line are an important means for OCFS to find out that someone is operating an illegal unlicensed or unregistered child day care program. Parents and other individuals also call the hotline to express their concerns about possible regulatory or statutory violations in licensed or registered child day care programs. Sometimes, the caller does not want the child day care provider to know who made the complaint. The bill makes these toll-free telephone line records confidential and limits disclosure to where the complainant consents in writing, disclosure is required by court order, or where law enforcement states that the information is necessary for a criminal investigation or prosecution.

Budget implications

This bill has no fiscal implications.

Effective date

This bill would take effect immediately, except section 6, which would take effect on the first November first after it becomes law.