2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) CHILD PROTECTIVE SERVICES
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) 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 three of section 240.55 of the
  penal  law  to  the  appropriate  law  enforcement  agency  or  district
  attorney;
    * NB Effective until June 30, 2013
    * 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;
    * NB Effective June 30, 2013
    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  facilities  or
  programs subject to the provisions of subdivision eleven of section four
  hundred  twenty-two of this title or reports involving children in homes
  operated or supervised by the division for youth, the office  of  mental
  health,   or   the   office  of  mental  retardation  and  developmental
  disabilities  subject  to  the  provisions  of  section   four   hundred
  twenty-four-b of this title.