Relates to reports of abuse or neglect of children in residential facilities or programs

Summary of provisions

Section 1. Amends section 424-c of the social services law to provide that the Commissioner of Children and Family Services give telephone notice and immediately forward a copy of statutorily required reports detailing delineated acts of sexual of physical abuse of a child to appropriate law enforcement. Provides a local law enforcement agency may afford the office of children and family services an opportunity to conduct any resulting investigation jointly. Provides that law enforce- ment may request in writing that there be additional reports for speci- fied allegations. Clarifies that nothing prohibits the office of chil- dren and family services from consulting with local law enforcement on any child abuse or maltreatment report.

Section 2. Amends section 45.07 of the mental hygiene law to provide that the Commission on Quality of Care and Advocacy for Persons with Disabilities give telephone notice and immediately forward a copy of statutorily required reports detailing delineated acts of sexual of physical abuse of a child to appropriate law enforcement. Provides a local law enforcement agency may afford the office of children and fami- ly services an opportunity to conduct any resulting investigation joint- ly. Provides that law enforcement may request in writing that there be additional reports for specified allegations. Clarifies that nothing prohibits the office of children and family services from consulting with local law enforcement on any child abuse or maltreatment report.

Section 3. Effective Date.

Justification

When children are placed in residential care throughout our state we entrust the State to safeguard their interests and welfare. Children can be placed in residential care for a number of reasons, including but not limited to, placement through the foster care system or as a result of significant mental health, substance abuse or juvenile delinquency issues. As such, these children should be considered to be some of our more vulnerable youth, particularly with respect to their care and treatment. It is critically important that we ensure that the children

in residential facilities receive the same attention and response to reports of abuse as those in home settings.

Under current law, when there is a reported case of child abuse and neglect in the home, local child protective services are required under Social Services Law § 424(5-a) to immediately forward suspected cases of physical injury, sexual abuse, or the death of a child to appropriate law enforcement. These cases are traditionally investigated by multi- disciplinary teams within participating counties. Multi-disciplinary teams can include representatives from child protective services, law enforcement, a district attorney's office, a physician or medical provider trained in forensic pediatrics, mental health professionals, victim advocacy personnel and, if one exists, a child advocacy center. As a result, an alleged case of physical or sexual abuse of a child in the home is immediately addressed by a comprehensive team of law enforcement and providers that can appropriately investigate the alleged case as well as see to the needs of the child.

In contrast, when there is a reported case of child abuse or neglect of a child in placement it is transmitted from the state registry to "the agency responsible for investigating the report," rather than a law enforcement entity. NY. Soc. Serv. Law § 415. The Commissioner of the Office of Children and Family Services or the Commission on Quality of Care and Advocacy for Persons with Disabilities (CQC), depending on the institution, is then required, if the complaint falls under their juris- diction, to commence an internal investigation within twenty-four hours and determine within sixty days, that among other things, "it appears likely that a crime may have been committed against the child." NY. Soc. Serv. Law § 424-C; NY. Ment. Hyg. Law § 45.07. While there are provisions for immediate notification to a District Attorney regarding the death of a child in residential placement, or any reports that a District Attorney has made a prior request for, there are no require- ments for immediate and direct law enforcement notification as they relate to specific crimes or injuries to a child in residential care. This procedure gives the unfortunate impression that agencies that have complaints in their facilities are then empowered to investigate the complaint rather than law enforcement. By extension, there is a foresee- able delay in time that can take place in investigations due to an absence of notification to law enforcement, thereby compromising the collection of evidence, the result of an investigation, and the ultimate quality of care that we demand of our residential facilities.

This legislation will amend the relevant duties of the Commissioner of the Office of Children and Family Services and the board of CQC to provide that upon receipt of a complaint alleging physical injury or sexual abuse to a child in residential facility, they must immediately forward such a report to appropriate law enforcement. It is the intent that this provision will minor the protections we afford to victims of alleged abuse and neglect in home settings. The Office of Children and Family Services will not be prohibited by the legislation from assisting in the investigation, nor will it abrogate their duty to conduct an internal investigation as required by Social Services Law, however, it

will clarify that in cases alleging serious crimes, an immediate inves- tigation will be conducted by independent law enforcement entities.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.