New York Assembly Bill A01404 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1404 2025-2026 Regular Sessions  IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. SLATER, GRAY, MAHER, BENDETT, BRABENEC, E. BROWN, K. BROWN, DeSTEFANO, DURSO, LEMONDES, MORINELLO, TAGUE -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law, in relation to requiring local child protective services to notify appropriate military personnel when a member of the armed forces is the subject of a report of child abuse or maltreatment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 424 of the social services law is amended by adding 2 a new subdivision 3-a to read as follows: 3 3-a. ascertain whether any subject of a report of suspected child 4 abuse or maltreatment is a member of, or otherwise associated with, the 5 armed forces of the United States. If child protective services deter- 6 mines that such subject is a member of, or otherwise associated with, 7 the armed forces of the United States, such child protective services 8 shall notify and send a copy of such report to the secretary of the 9 United States department of defense that there is an allegation of abuse 10 and neglect that relates to such member of the armed forces of the 11 United States; 12 § 2. Subdivision 5-a of section 424 of the social services law, as 13 added by chapter 494 of the laws of 2006, is amended to read as follows: 14 5-a. give telephone notice and forward immediately a copy of reports 15 made pursuant to this title which involve suspected physical injury as 16 described in paragraph (i) of subdivision (e) of section ten hundred 17 twelve of the family court act or sexual abuse of a child or the death 18 of a child to the appropriate local law enforcement or military law 19 enforcement, when applicable. Investigations shall be conducted by an 20 approved multidisciplinary investigative team, established pursuant to 21 subdivision six of section four hundred twenty-three of this title 22 provided that in counties without a multidisciplinary investigative team 23 investigations shall be conducted jointly by local child protective 24 services and local law enforcement or military law enforcement, when 25 applicable. Provided however, that co-reporting in these instances EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03806-01-5 
 A. 1404 2 1 shall not be required when the local social services district has an 2 approved protocol on joint investigations of child abuse and maltreat- 3 ment between the local district and law enforcement. Such protocol shall 4 be submitted to the office of children and family services for approval 5 and the office shall approve or disapprove of such protocols within 6 thirty days of submission. Nothing in this subdivision shall prohibit 7 local child protective services from consulting with local law enforce- 8 ment or military law enforcement, when applicable, on any child abuse or 9 maltreatment report. 10 § 3. Subdivision 5-b of section 424 of the social services law, as 11 added by chapter 494 of the laws of 2006, is amended to read as follows: 12 5-b. shall make an assessment in a timely manner of each report made 13 pursuant to this title which involves suspected maltreatment which 14 alleges any physical harm when the report is made by a person required 15 to report pursuant to section four hundred thirteen of this title within 16 six months of any other two reports that were indicated or may still be 17 pending involving the same child, sibling, or other children in the 18 household or the subject of the report to determine whether it is neces- 19 sary to give notice of the report to the appropriate local law enforce- 20 ment entity. If the local child protective services determines that 21 local law enforcement or military law enforcement shall be given notice, 22 they shall give telephone notice and immediately forward a copy of the 23 reports to local law enforcement or military law enforcement. If the 24 report is shared with local law enforcement or military law enforcement, 25 investigations shall be conducted by an approved multidisciplinary 26 investigative team, established pursuant to subdivision six of section 27 four hundred twenty-three of this title provided that in counties with- 28 out a multidisciplinary investigative team investigations shall be 29 conducted jointly by local child protective services and local law 30 enforcement or military law enforcement, when applicable. Provided 31 however, that co-reporting in these instances shall not be required when 32 the local social services district has an approved protocol on joint 33 investigations of child abuse and maltreatment between the local 34 district and law enforcement. Such protocol shall be submitted to the 35 office of children and family services for approval and the office shall 36 approve or disapprove of such protocols within thirty days of 37 submission. Nothing in this subdivision shall modify the requirements of 38 this section. Nothing in this subdivision shall prohibit local child 39 protective services from consulting with local law enforcement or mili- 40 tary law enforcement, when applicable on any child abuse or maltreatment 41 report and nothing in this subdivision shall prohibit local child 42 protective services and local law enforcement or military law enforce- 43 ment, or a multidisciplinary team from agreeing to co-investigate any 44 child abuse or maltreatment report. 45 § 4. Subdivision 1 of section 424-a of the social services law is 46 amended by adding a new paragraph (d-2) to read as follows: 47 (d-2) The secretary of the department of defense of the United States 48 or other authorized member of a military law enforcement agency may 49 inquire of the department and the department may inform such secretary 50 or agency and the subject of the inquiry, whether any member of, or 51 person otherwise associated with, the armed forced of the United States 52 is the subject of an indicated child abuse and maltreatment report on 53 file with the statewide central register of child abuse and maltreat- 54 ment. 55 § 5. This act shall take effect immediately.