N.Y. Social Services Law § 424: Duties of the child protective service concerning reports of abuse or maltreatment

§ 424. Duties of the child protective service concerning reports of

abuse or maltreatment. Each child protective service shall:

1. receive on a twenty-four hour, seven day a week basis all reports

of suspected child abuse or maltreatment in accordance with this title,

the local plan for the provision of child protective services and the

regulations of the commissioner;

2. maintain and keep up-to-date a local child abuse and maltreatment

register of all cases reported under this title together with any

additional information obtained and a record of the final disposition of

the report, including services offered and accepted;

3. upon the receipt of each written report made pursuant to this

title, transmit, forthwith, a copy thereof to the state central register

of child abuse and maltreatment. In addition, not later than seven days

after receipt of the initial report, the child protective service shall

send a preliminary written report of the initial investigation,

including evaluation and actions taken or contemplated, to the state

central register. Follow-up reports shall be made at regular intervals

thereafter in a manner and form prescribed by the commissioner by

regulation to the end that the state central register is kept fully

informed and up-to-date concerning the handling of reports;

4. give telephone notice and forward immediately a copy of reports

made pursuant to this title which involve the death of a child to the

appropriate district attorney. In addition, telephone notice shall be

given and a copy of any or all reports made pursuant to this title shall

be forwarded immediately by the child protective service to the

appropriate district attorney if a prior request in writing for such

notice and copies has been made to the service by the district attorney.

Such request shall specify the kinds of allegations concerning which the

district attorney requires such notice and copies and shall provide a

copy of the relevant provisions of law;

5. forward an additional copy of each report to the appropriate duly

incorporated society for the prevention of cruelty to children or other

duly authorized child protective agency if a prior request for such

copies has been made to the service in writing by the society or agency;

5-a. give telephone notice and forward immediately a copy of reports

made pursuant to this title which involve suspected physical injury as

described in paragraph (i) of subdivision (e) of section ten hundred

twelve of the family court act or sexual abuse of a child or the death

of a child to the appropriate local law enforcement. Investigations

shall be conducted by an approved multidisciplinary investigative team,

established pursuant to subdivision six of section four hundred

twenty-three of this title provided that in counties without a

multidisciplinary investigative team investigations shall be conducted

jointly by local child protective services and local law enforcement.

Provided however, that co-reporting in these instances shall not be

required when the local social services district has an approved

protocol on joint investigations of child abuse and maltreatment between

the local district and law enforcement. Such protocol shall be submitted

to the office of children and family services for approval and the

office shall approve or disapprove of such protocols within thirty days

of submission. Nothing in this subdivision shall prohibit local child

protective services from consulting with local law enforcement on any

child abuse or maltreatment report.

5-b. shall make an assessment in a timely manner of each report made

pursuant to this title which involves 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 to determine whether it is

necessary to give notice of the report to the appropriate local law

enforcement entity. If the local child protective services determines

that local law enforcement shall be given notice, they shall give

telephone notice and immediately forward a copy of the reports to local

law enforcement. If the report is shared with local law enforcement,

investigations shall be conducted by an approved multidisciplinary

investigative team, established pursuant to subdivision six of section

four hundred twenty-three of this title provided that in counties

without a multidisciplinary investigative team investigations shall be

conducted jointly by local child protective services and local law

enforcement. Provided however, that co-reporting in these instances

shall not be required when the local social services district has an

approved protocol on joint investigations of child abuse and

maltreatment between the local district and law enforcement. Such

protocol shall be submitted to the office of children and family

services for approval and the office shall approve or disapprove of such

protocols within thirty days of submission. Nothing in this subdivision

shall modify the requirements of this section. Nothing in this

subdivision shall prohibit local child protective services from

consulting with local law enforcement on any child abuse or maltreatment

report and nothing in this subdivision shall prohibit local child

protective services and local law enforcement or a multidisciplinary

team from agreeing to co-investigate any child abuse or maltreatment

report.

6. (a) upon receipt of such report, commence or cause the appropriate

society for the prevention of cruelty to children to commence, within

twenty-four hours, an appropriate investigation which shall include an

evaluation of the environment of the child named in the report and any

other children in the same home and a determination of the risk to such

children if they continue to remain in the existing home environment, as

well as a determination of the nature, extent and cause of any condition

enumerated in such report and the name, age and condition of other

children in the home, and, after seeing to the safety of the child or

children, forthwith notify the subjects of the report and other persons

named in the report in writing of the existence of the report and their

respective rights pursuant to this title in regard to amendment;

(b) ascertain whether the child named in the report or any other child

in the same home is in the care, custody or guardianship of an

authorized agency. Where such authorized agency is not the social

services district in which the home is located, the report shall be

forwarded as soon as possible to such authorized agency and any other

social services district charged with the care, custody or guardianship

of the child or other children in the home. Such authorized agency and

local social services district shall also be notified as to whether such

report is indicated or unfounded in accordance with subdivision seven of

this section. Nothing in this subdivision shall require such social

services district to investigate or participate in the investigation of

such report;

(c) subject to rules and regulations of the division of criminal

justice services, a manager of the child protective services unit, or a

person with law enforcement background who is specifically designated by

the commissioner of the local social services district for this purpose,

shall have access to conviction records maintained by state law

enforcement agencies pertaining to persons of or over the age of

eighteen years who (1) are currently residing in the residence of any

child who is alleged to be or suspected of being abused, maltreated, or

neglected or (2) are named in any report of suspected or alleged child

abuse, maltreatment, or neglect; provided that nothing in this

subdivision shall be construed to contradict or modify section one

thousand forty-six of the family court act. Any criminal history record

provided by the division of criminal justice services, and any summary

of the criminal history record provided by the office of children and

family services to the child protective services unit of a local social

services district pursuant to this subdivision, shall be kept

confidential and shall not be made available for public inspection.

Child protective services units shall not indicate a report solely based

upon the existence of a conviction record;

6-a. upon receipt of such report and commencement of the appropriate

investigation, where the child protective service is not able to locate

the child or has been denied access to the home or denied access to the

child named in the report or to any children in the household, and where

the child protective investigator has cause to believe a child or

children's life or health may be in danger immediately advise the parent

or person legally responsible for the child's care or with whom the

child is residing that, when denied sufficient access to the child or

other children in the home, the child protective investigator may

contact the family court to seek an immediate court order to gain access

to the home and/or the child named in the report or any children in the

household without further notice and that while such request is being

made to such court, law enforcement may be contacted and if contacted

shall respond and shall remain where the child or children are or are

believed to be present;

6-b. should the parent or persons legally responsible for the child's

care or with whom the child is residing continue to deny access to the

child, children and/or home sufficient to allow the child protective

investigator to determine their safety and if a child protective

investigator seeks an immediate family court order to gain access to the

child, children and/or home, law enforcement may be contacted and if

contacted shall respond and shall remain where the child or children are

or are believed to be present while the request is being made;

7. determine, within sixty days, whether the report is "indicated" or

"unfounded";

* 7-a. where a determination is not made within sixty days, document

in the record the reason or reasons the determination was not made

within sixty days, and determine within thirty days thereafter whether

the report is "indicated" or "unfounded";

* NB Expired July 1, 1992

8. refer suspected cases of falsely reporting child abuse and

maltreatment in violation of subdivision four of section 240.50 of the

penal law to the appropriate law enforcement agency or district

attorney;

9. take a child into protective custody to protect him from further

abuse or maltreatment when appropriate and in accordance with the

provisions of the family court act;

10. based on the investigation and evaluation conducted pursuant to

this title, offer to the family of any child believed to be suffering

from abuse or maltreatment such services for its acceptance or refusal,

as appear appropriate for either the child or the family or both;

provided, however, that prior to offering such services to a family,

explain that it has no legal authority to compel such family to receive

said services, but may inform the family of the obligations and

authority of the child protective service to petition the family court

for a determination that a child is in need of care and protection;

11. in those cases in which an appropriate offer of service is refused

and the child protective service determines or if the service for any

other appropriate reason determines that the best interests of the child

require family court or criminal court action, initiate the appropriate

family court proceeding or make a referral to the appropriate district

attorney, or both;

12. assist the family court or criminal court during all stages of the

court proceeding in accordance with the purposes of this title and the

family court act;

13. coordinate, provide or arrange for and monitor, as authorized by

the social services law, the family court act and by this title,

rehabilitative services for children and their families on a voluntary

basis or under a final or intermediate order of the family court.

14. comply with provisions of sections ten hundred thirty-nine-a and

ten hundred fifty-two-a of the family court act.

The provisions of this section shall not apply to a child protective

service with respect to reports involving children in homes operated or

supervised by the office of children and family services, the office of

mental health, or the office of people with developmental disabilities

subject to the provisions of section four hundred twenty-four-b of this

title.