S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5042

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in  relation  to  requisite  training
  instruction  for police officers for crimes involving sexual assaults;
  and to amend the social services law,  in  relation  to  training  for
  child protective services workers in certain instances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 840 of the executive law is amended by adding a new
subdivision 4 to read as follows:
  4. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS REQUIRING TRAIN-
ING AND INSTRUCTION FOR ALL  POLICE  OFFICERS  WITH  RESPECT  TO  CRIMES
INVOLVING  SEXUAL ASSAULT. SUCH TRAINING AND INSTRUCTION, WHICH SHALL BE
DESIGNED AND PRESENTED IN CONSULTATION  WITH  THE  RAPE  CRISIS  CENTERS
EXPERIENCED  IN  ASSISTING VICTIMS IN THIS STATE, SHALL INCLUDE, BUT NOT
BE LIMITED TO UNDERSTANDING RAPE AND SEXUAL ABUSE TRAUMA AND  PSYCHOLOG-
ICAL  ISSUES  CONFRONTED  BY  SUCH  CRIME  VICTIMS, COMMON ATTRIBUTES OF
OFFENDERS, FAIR TREATMENT STANDARDS FOR CRIME VICTIMS PURSUANT TO  ARTI-
CLE  TWENTY-THREE  OF  THIS CHAPTER, EVIDENCE GATHERING AND PRESERVATION
ISSUES, INTERVIEW TECHNIQUES AND INFORMATION CONCERNING THE AVAILABILITY
OF LOCAL SERVICES FOR THE VICTIMS OF SUCH  CRIMES.    ALL  NEW  OFFICERS
SHALL  RECEIVE  SUCH  TRAINING  AND  INSTRUCTION,  AS  PART OF THE BASIC
CURRICULUM AT THE STATE POLICE ACADEMY OR AT MUNICIPAL POLICE ACADEMIES,
AS APPLICABLE. THE COUNCIL SHALL PROMULGATE SUCH RULES  AND  REGULATIONS
AS  IT DEEMS NECESSARY CONCERNING PERIODIC RETRAINING OF POLICE OFFICERS
REGARDING CRIMES INVOLVING SEXUAL ASSAULT.
  S 2. The section heading and opening paragraph of section 421  of  the
social  services law, as amended by chapter 718 of the laws of 1986, are
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06408-08-9

S. 5042                             2
              

  Responsibility of the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.    The  [department]  OFFICE  OF  CHILDREN AND FAMILY SERVICES
shall:
  S  3.  The  opening and closing paragraphs of subdivision 3 of section
421 of the social services law, the  opening  paragraph  as  amended  by
chapter  718 of the laws of 1986 and the closing paragraph as amended by
chapter 320 of the laws of 1990, are amended to read as follows:
  promulgate regulations setting forth requirements for the  performance
by  local  social  services departments of the duties and powers imposed
and conferred upon them by the provisions of this title and  of  article
ten  of  the  family court act. Such regulations shall establish uniform
requirements  for  the  investigation  of  reports  of  child  abuse  or
maltreatment  under  this title. The [department] OFFICE OF CHILDREN AND
FAMILY SERVICES shall also issue guidelines which shall  set  forth  the
circumstances or conditions under which:
  The  [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall promul-
gate regulations to establish STANDARDS FOR THE DEVELOPMENT OF A  TRAIN-
ING  CURRICULUM  FOR  CHILD  PROTECTIVE  SERVICES  WORKERS WHICH TEACHES
APPROPRIATE INVESTIGATORY TECHNIQUES FOR REPORTS  OF  SEXUAL  ABUSE  AND
MANDATES ON-GOING TRAINING FOR CHILD PROTECTIVE SERVICES WORKERS, stand-
ards  for  intervention, criteria for case closings, criteria for deter-
mining whether or not to initiate a  child  protective  proceeding,  and
criteria  for the formulation of treatment plans and for the delivery of
child protective services including specification of the services to  be
classified  as  child protective services, which shall also apply to any
society for the prevention of cruelty to children which has entered into
a currently valid contract with a local department of social services to
investigate child abuse or maltreatment reports. The [department] OFFICE
OF CHILDREN AND FAMILY SERVICES shall promulgate regulations  establish-
ing minimum standards and practices for the delivery of child protective
services  in  connection with monitoring and supervising respondents and
their families as ordered by a family  court  pursuant  to  section  ten
hundred  thirty-nine and paragraphs (i), (iii), (iv) and (v) of subdivi-
sion (a) of section ten hundred fifty-two of the family court act.  Such
regulations shall also require local child protective services to comply
with  notification  requirements  of  the family court act in connection
with such monitoring and supervisory responsibilities.
  S 4. Paragraph (b) of subdivision 5  of  section  421  of  the  social
services  law, as amended by chapter 525 of the laws of 2006, is amended
to read as follows:
  (b) promulgate regulations setting forth training  requirements  which
shall  specify,  among  other  things, that all persons hired by a child
protective service on or after April first, nineteen hundred  eighty-six
shall  have  satisfactorily  completed a course approved by the [depart-
ment] OFFICE OF CHILDREN AND FAMILY  SERVICES  within  the  first  three
months  of  employment,  in  the  fundamentals of child protection. Such
course shall include at least basic training in the principles and tech-
niques of investigations, including relationships  with  other  investi-
gative  bodies, legal issues in child protection, and methods of remedi-
ation, diagnosis, treatment and prevention. Such regulations shall  also
specify  that  all  persons employed by a child protective service on or
after December first, two thousand six shall satisfactorily complete six
hours of annual in service training, beginning in their second  year  of
employment.  Such  annual  in service training shall include, but is not
limited to, review of the protocols for identification and investigation
of child abuse and maltreatment, any developments  in  legal,  treatment

S. 5042                             3

and  prevention  issues  in child protection, and review and analysis of
field experiences of child protective services workers.
  S  5.  Subdivision  7  of  section  421 of the social services law, as
amended by chapter 718 of the laws  of  1986,  is  amended  to  read  as
follows:
  7.  take all reasonable and necessary actions to assure that the local
departments of social services are kept apprised on a current  basis  of
the  laws,  regulations and policies of the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES concerning child abuse and maltreatment.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.