What's happening
This bill requires callers to the child abuse hotline to provide their name and contact information for all reports.
Why it matters
Eliminates anonymous reporting. By requiring all callers to provide their name and contact information, the bill ends the practice of accepting anonymous reports of suspected child abuse or maltreatment, which could deter false or malicious reporting but might also discourage some legitimate callers who fear retaliation.
Potential impact on reporting rates. Mandated identification may reduce the total number of reports, as individuals who are reluctant or fearful to identify themselves (such as neighbors, acquaintances, or even some mandated reporters) may choose not to report suspected abuse.
Accountability and investigation follow-up. Having caller information could help authorities follow up for additional details if needed, and may increase accountability by deterring intentional false reports, but it also raises questions about privacy and the potential for whistleblower exposure or backlash.
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Who cares
Headline styles
Require Caller Info for Reports
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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
5572
2019-2020 Regular Sessions
IN SENATE
May 7, 2019
Introduced by Sen. MONTGOMERY -- 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 the administration of the statewide central register of child abuse and maltreatment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 422 of the social services law, as amended by chapter 357 of the laws of 2014, is amended to read as follows:
(a) The central register shall be capable of receiving telephone calls alleging child abuse or maltreatment and of immediately identifying prior reports of child abuse or maltreatment and capable of monitoring the provision of child protective service twenty-four hours a day, seven days a week. To effectuate this purpose, but subject to the provisions of the appropriate local plan for the provision of child protective services, there shall be a single statewide telephone number that all persons, whether mandated by the law or not, may use to make telephone calls alleging child abuse or maltreatment and that all persons so authorized by this title may use for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. In addition to the single statewide telephone number, there shall be a special unlisted express telephone number and a telephone facsimile number for use only by persons mandated by law to make telephone calls, or to transmit telephone facsimile information on a form provided by the commissioner of children and family services, alleging child abuse or maltreatment, and for use by all persons so authorized by this title for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. When any allegations contained in such telephone calls could reasonably constitute a report of child abuse or maltreatment, such allegations, the caller's name, contact informa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11541-01-9
S. 5572 2
tion, and any previous reports to the central registry involving the subject of such report or children named in such report, including any previous report containing allegations of child abuse and maltreatment alleged to have occurred in other counties and districts in New York state shall be immediately transmitted orally or electronically by the office of children and family services to the appropriate local child protective service for investigation. The inability of the person calling the register to identify the alleged perpetrator shall, in no circumstance, constitute the sole cause for the register to reject such allegation or fail to transmit such allegation for investigation. If the records indicate a previous report concerning a subject of the report, the child alleged to be abused or maltreated, a sibling, other children in the household, other persons named in the report or other pertinent information, the appropriate local child protective service shall be immediately notified of the fact. If the report involves either (i) an allegation of an abused child described in paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand twelve of the family court act or sexual abuse of a child or the death of a child or (ii) suspected maltreatment which alleges any physical harm when the report is made by a person required to report pursuant to section four hundred thirteen of this title within six months of any other two reports that were indicated, or may still be pending, involving the same child, sibling, or other children in the household or the subject of the report, the office of children and family services shall identify the report as such and note any prior reports when transmitting the report to the local child protective services for investigation.
§ 2. Subdivision 2 of section 422 of the social services law is amended by adding a new paragraph (d) to read as follows:
(d) Callers making reports of suspected child abuse or maltreatment to the central register shall be asked for their name and contact information. No report shall be accepted by the central register unless the caller's name and contact information is provided.
§ 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the one hundred eightieth day after it shall have become a law.
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 the administration of the statewide central register of child abuse and maltreatment
Purpose
This bill amends the Social Services Law to replace anonymous reporting to New York's Statewide Central Register of Child Abuse and Maltreatment (SCR) with confidential reporting whereby reporters provide their name and contact information when lodging a report of child abuse or maltreatment. Reporters' safety would still be assured because child welfare agencies would retain the authority to withhold from the accused information that identifies a caller. Replacing anonymous reporting with confidential reporting will deter a significant amount of malicious reporting, allow child welfare agencies to conduct more effective inves- tigations and focus resources on the cases that merit them.
Summary of provisions
It is well known that allowing anonymous reporting encourages abuse of the reporting system, leading to harassment and wasted investigation resources. Domestic violence advocates in particular have voiced concern that the current system allows perpetrators of domestic violence to harass ex-partners through anonymously making false reports against them. Child protective services is required by law to investigate all these reports, even if they believe they involve intentionally false allegations. Two short amendments are proposed to Section 2 of the stat- ute that will require a non-mandated reporter to provide their name and contact information to the central registry when making a report of child abuse or maltreatment (mandated reporters are already required to provide this information). The central registry will provide the repor- ter's name and contact information to the local child welfare agency conducting the investigation which will aid the agency in its investi- gation and act as a deterrent to those who use the central registry as a tool to harass parents. False reporting of child abuse is not only harm- ful to parents but often causes emotional harm to children who may be woken in the middle of the night by child welfare authori ties, searched, subjected to medical evaluations, and interviewed at home or in school. At times, children are unnecessarily separated from their families and placed in foster care during the investigation of inten- tionally false allegations.
The bill will deter malicious reporting and allow child protective services to track the number of reports of alleged child abuse and neglect made by an individual.
Fiscal implications
Revenue Savings
Effective date
This act shall take effect immediately/on the one-hundred eightieth day.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.