What's happening
This bill requires county departments to provide mandated reporters of child abuse with specific case information to help maintain child safety.
Why it matters
Mandated reporters will now receive specific feedback. from county departments about the status and outcome of their child abuse or maltreatment reports—such as whether a report was accepted, closed without services, or resulted in safety-related services—which helps them understand what actions were taken.
This information sharing is intended to help professionals (like teachers, doctors, or social workers) better protect children. , enabling them to make more informed decisions in their ongoing roles with the child and family.
Counties are now required to identify the caseworker responsible for the investigation. , providing mandated reporters with a point of contact for follow-up, which could improve communication and accountability in child protection cases.
The bill maintains strict confidentiality protections for the identities of reporters and subjects of the report. , balancing the need for information with privacy and safety concerns for those involved.
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Who cares
Headline styles
Help Mandated Reporters Protect Kids
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2706
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sens. KENNEDY, BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to assisting mandated reporters of child abuse or maltreatment to maintain the child's safety
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The second undesignated paragraph of paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by section 6 of part D of chapter 501 of the laws of 2012, is amended to read as follows:
After a child, other than a child in residential care, who is reported to the central register of abuse or maltreatment reaches the age of eighteen years, access to a child's record under subparagraphs (a) and (b) of this paragraph shall be permitted only if a sibling or off-spring of such child is before such person and is a suspected victim of child abuse or maltreatment. In addition, a person or official required to make a report of suspected child abuse or maltreatment pursuant to section four hundred thirteen of this chapter shall receive, upon request, the findings of an investigation made pursuant to this title. However, no information may be released unless the person or official's identity is confirmed by the office. [If the request for such information is made prior to the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated", "unfounded" or "under investigation", whichever the case may be.] Notwithstanding any other provision of law, within thirty calendar days after receipt of a report of suspected child abuse or maltreatment from a person or official required to make such a report pursuant to section four hundred thirteen of this title, a county department shall provide the following information to the mandated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03683-01-9
S. 2706 2
reporter for the purpose of assisting the mandated reporter in his or her professional and official role in maintaining the child's safety: (i) the name of the child and the date in which the report was made; (ii) whether the referral was accepted for assessment; (iii) whether the referral was closed without services; (iv) whether the assessment resulted in services related to the safety of the child; and (v) the name and contact information for the county caseworker responsible for investigating the referral. If the request for such information is made after the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated" or "unfounded", whichever the case may be. A person given access to the names or other information identifying the subjects of the report, or other persons named in the report, except the subject of the report or other persons named in the report, shall not divulge or make public such identifying information unless he or she is a district attorney or other law enforcement official and the purpose is to initiate court action or the disclosure is necessary in connection with the investigation or prosecution of the subject of the report for a crime alleged to have been committed by the subject against another person named in the report. Nothing in this section shall be construed to permit any release, disclosure or identification of the names or identifying descriptions of persons who have reported suspected child abuse or maltreatment to the statewide central register or the agency, institution, organization, program or other entity where such persons are employed or the agency, institution, organization or program with which they are associated without such persons' written permission except to persons, officials, and agencies enumerated in subparagraphs (e), (f), (h), (j), (l), (m) and (v) of this paragraph.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to assisting mandated reporters of child abuse or maltreatment to maintain the child's safety
Purpose
To require a county department of child protective services to provide mandated reporters, who have made a report, with the necessary informa- tion for the purpose of assisting the mandated reporter in his or her professional and official role in maintaining the child's safety.
Summary of provisions
Section 1: amends paragraph A of subdivision 4 of section 422 of the social services law. The provision requires a county department of child protective services to provide certain information, within thirty days after receipt of a report of suspected child abuse or maltreatment from a mandated reporter, for the purpose of assisting in his or her profes- sional and official role in maintaining the child's safety.
Justification
In 2013, Erie County was rocked by the tragic death of five-year-old Bain Brooks at the hands of his mother's live-in boyfriend. Less than one year earlier, ten-year-old Abdifatah Nohamud was brutally murdered by his stepfather. Both cases had been handled by county child protec- tive services (CPS), and at least one report to the State Office of Child and Family Services (OCFS) had been made in both cases by those who sought to protect the children and were mandated by law to report such abuse.
While school officials and medical professionals are tasked with the protection of our children, and required by state law to report inci- dences of maltreatment or abuse, these professionals are often not given the means to ensure the state and county have taken the appropriate actions to keep children safe.
Physicians in Western New York have described cases in which there was no coordination between Child Protective workers and the medical profes- sionals who reported an incident of abuse. This absence of communication presents a serious problem when the medical professional is determining who to send the child home with after a medical appointment or hospital- ization. Better coordination between the county department and those charged with the protection of our children, will allow physicians, teachers and other mandated reporters to better fulfill their obli- gations to protect the safety and well-being of children under their care.
For example, under this legislation, CPS workers will be required to update a physician, teacher or other mandated reporter on the status of a child's case within 30 days of that physician's initial report of suspected abuse or maltreatment. This legislation will encourage infor- mation sharing and compel Child Protective Services to conduct deeper, more thorough investigations.
Legislative history
2017-18: S.5101 Referred to Children and Families
2015-16: Referred to Children and Families
2013-14: Referred to Children and Families
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.