BILL NUMBER: S902B
SPONSOR: BRISPORT
 
TITLE OF BILL:
An act to amend the social services law, in relation to the adminis-
tration of the statewide central register of child abuse and maltreat-
ment
 
SUMMARY OF PROVISIONS:
Section one amends paragraph (a) of subdivision 2 of section 422 of the
social services law, to require the confidential collection of a call-
er's name and contact information when that person is reporting
instances of alleged child abuse or maltreatment.
Section two adds new paragraph (d) to subdivision 2 of section 422,
requiring that callers making reports to the central registry be asked
for their name and contact number and that no report be transmitted to a
local child protective service for investigation unless the caller's
name and contact information is provided.
Section three amends subdivision 7 of section 422 of the social services
law, to provide restrictions on the office of children and family
services releasing information identifying a person who made a report
pursuant to this law.
Section four provides that 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.
 
JUSTIFICATION:
According to federal statistics, roughly 83% of child abuse or neglect
reports that are investigated ultimately prove to be unfounded or unsub-
stantiated. Among only those reports that are made anonymously, the
number rises to an astonishing 96%. This legislation seeks to stem the
process of anonymous reporting, in light of its history of harassment
and waste, and to instead adopt a more responsible system of confiden-
tial reporting.
In New York, any person can anonymously report suspicions of child abuse
or neglect to a toll-free, central phone number. Callers can choose to
remain anonymous, and need not give a reason to remain anonymous. If the
report creates a suspicion of activity that meets the broad legal defi-
nition of "abuse" or "neglect," the state will then interview the chil-
dren reported upon and conduct an extensive investigation of the fami-
ly's home. With respect to anonymous reporting, this system has led to a
tremendous waste of state resources in pursuing meritless allegations,
as well as inexcusable racial disparities that disproportionately impact
Black and Brown families by leading to unnecessary interactions with
child welfare services that can forever change a family. Children are
all too often removed from their homes by child welfare workers due to
racial biases and circumstances related to poverty. Even investigations
that do not go that far are extremely invasive, disruptive, and stress-
ful for children and parents, who are often subjected to repeated inves-
tigations based on anonymous reports that are later found to be merit-
less.
This legislation seeks to replace the system of anonymous reporting with
one of confidential reporting, instead.
 
LEGISLATIVE HISTORY:
2021-22: S7326
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
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.

Statutes affected:
S902: 422 social services law, 422(7) social services law
S902A: 422 social services law, 422(7) social services law
S902B: 422 social services law, 422(7) social services law