Requires the recording of all calls made to the statewide central register of child abuse and maltreatment

BILL NUMBER:S2087

Title of bill

An act to amend the social services law, in relation to mandating the recording of calls made to the statewide central register of child abuse and maltreatment

Purpose or general idea of bill

The purpose of this bill is to require the recording of calls to the statewide central register of child abuse and maltreatment made by persons required by law to report child abuse and maltreatment.

Summary of specific provisions

Section one creates a new paragraph (e) of subdivision 2 of section 422 of the Social Services Law to require that the office of children and family services (OCFS) record all calls made by mandated reporters to the child abuse hotline. Further, it provides that the retention of calls accepted should be maintained for the length of time required by current law. Also, it provides that calls not accepted as a report be recorded and retained for a period of five years. This bill stipulates that all recordings made pursuant to this act shall be confidential and for the purposes of quality assurance and child safety; provided, however, that recording or recordings may be made available via judicial subpoena based upon the judicial determination that such recording is necessary evidence in a criminal proceeding concerning a false allegation of child abuse and maltreatment.

Effects of present law which this bill would alter

§422 (2) of the Social Services law is amended by adding a new paragraph (e).

Justification

This bill aims to better protect children by amending social services law to require that calls made by mandated reporters be recorded and retained by the Office of Children and Family Services (OCFS) for specific time Periods. Mandated reporters constitute a first line of defense against child abuse and maltreatment. Intervention is only possible after identification of abuse and/or maltreatment and it is important that those identifications are as accurate as possible. In 2006, there were 365,000 calls to the SCR, of which 157,407 were registered. Of those calls registered, 61% (96,684) were made by mandated reporters. The bill limits the recording of calls to the SCR by mandated reporters in attempt to see how implementation of this policy change will enhance the safety of children. Once the issues or recording and retention are addressed, the state should look to record all calls made to the SCR. Currently, 14 other states record calls to a child abuse hotline.

Prior legislative history

2010: Passed Senate 2008: A4137 A (Scarborough) referred to children and families; reported and referred to codes 2007: A4137 (Scarborough) amended and advanced to third reading (Cal. 689) 2006: 11152A passed Assembly and delivered to Senate

Fiscal implications for state and local governments

None.

Effective date

First day of April next succeeding the date on which it shall have become a law.