Requires investigation of all reports of child abuse made to the statewide central register of child abuse by hospitals, or medical or law enforcement personnel

BILL NUMBER:S6115

Title of bill

An act to amend the social services law, in relation to requiring investigation of all reports of child abuse made by a hospital or medical or law enforcement personnel

Purpose

To provide that when the State Central Register of Child Abuse and Maltreatment receives telephone calls from medical, law enforcement or from social workers or psychologists employed by or affiliated with hospitals such telephone calls shall not be screened by the Hotline but shall immediately be referred for investigation by the Child Protective Service.

The bill further provides for the child protective service of each county to establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interests of at risk children and to better provide essential services to their families.

Summary of provisions

Section 1. Amends paragraph (b) of subdivision 2 of section 422 of the Social Services Law which states that when a person who is required (physician, nurse, hospital personnel engaged in the examination, care or treatment of persons, registered physician's assistant, social worker and psychologists) to make a telephone call to report of child abuse and maltreatment then that call should be immediately referred to the appropriate child protective service for investigation.

Section 2. Adds a new subsection 9-a to section 424 of the Social Services Law to provide that the child protective service of each county establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interest of at risk children.

Section 3. Effective Date.

Existing law

Current law requires that all calls alleging child abuse and maltreatment from mandated reporters be screened by the State Central Registry before they can be referred for investigation. Current law is silent regarding the establishment of formal and informal practices and procedure for cooperation and communication with local hospitals and law enforcement who are involved with the child protective service at the "front lines" of protecting children at risk in our communities.

Justification

Currently, there is a lack of clarity in the law as to the responsibilities of hospital and law enforcement professionals who work together with the child protective services in coordinating resources, sharing information and providing follow up services and support to these children at risk. Unfortunately, the tragic result

of potential breakdowns in our governmental systems designed to protect children, may also result in the death of children.

This bill is an attempt to build better bridges of communication and cooperation between public servants and medical providers who have the best knowledge of how to identify and combat child abuse in our communities.

Legislative history

2008: S.468 - Committed to Rules 2007: S.468 - Passed Senate 2006: S.269 - Passed Senate 2005: S.269 - Referred to Social Services, Children & Families 2004: S.4759A - Committed to Rules 2003: S.4759A - Passed Senate/A.5717A - Held in Assembly Children & Families 1999-2000: S.1257 - Passed Senate/A.2875A - Held in Assembly Children & Families 1997-1998: S.1483 - Passed Senate/A.2257 - Held in Assembly Children & Families 1996: S.6091A - Passed Senate/A.11214 - Held in Assembly Children & Families

Fiscal implications

Minimal to local CPS. The required policies should already be a part of good casework practice.

Effective date

This act will take effect 120 days after it shall have become a law.