NY Soc Serv L § 424 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 6 - 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) 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.