(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.
Structure New York Laws
Title 6 - Child Protective Services
413 - Persons and Officials Required to Report Cases of Suspected Child Abuse or Maltreatment.
414 - Any Person Permitted to Report.
416 - Obligations of Persons Required to Report.
417 - Taking a Child Into Protective Custody.
418 - Mandatory Reporting to and Post-Mortem Investigation of Deaths by Medical Examiner or Coroner.
419 - Immunity From Liability.
420 - Penalties for Failure to Report.
421 - Responsibility of the Office.
422 - Statewide Central Register of Child Abuse and Maltreatment.
422-A - Child Abuse and Neglect Investigations; Disclosure.
422-B - Local and Regional Fatality Review Teams.
422-C - Establishment of the Child Abuse Medical Provider Program (Champ).
423-A - Child Advocacy Centers Established.
424 - Duties of the Child Protective Service Concerning Reports of Abuse or Maltreatment.
424-B - Children in the Care of Certain Public and Private Agencies.
425 - Cooperation of Other Agencies.
427 - Regulations of the Commissioner.
427-A - Differential Response Programs for Child Protection Assessments or Investigations.