S T A T E O F N E W Y O R K
________________________________________________________________________
4418
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. TOWNS, ALFANO, KOLB -- Multi-Sponsored by -- M.
of A. COOK, REILLY -- read once and referred to the Committee on Chil-
dren and Families
AN ACT to amend the social services law, in relation to individuals who
refuse to participate in an investigation being conducted by child
protective services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 422-a of the social services law,
as added by chapter 12 of the laws of 1996 and paragraph (d) as amended
by chapter 136 of the laws of 1999, is amended to read as follows:
1. Notwithstanding any inconsistent provision of law to the contrary,
the commissioner or a city or county social services commissioner may
disclose information regarding the abuse or maltreatment of a child as
set forth in this section, and the investigation thereof and any
services related thereto if he or she determines that such disclosure
shall not be contrary to the best interests of the child, the child's
siblings or other children in the household and any one of the following
factors are present:
(a) the subject of the report has been charged in an accusatory
instrument with committing a crime related to a report maintained in the
statewide central register; or
(b) the investigation of the abuse or maltreatment of the child by the
local child protective service or the provision of services by such
service has been publicly disclosed in a report required to be disclosed
in the course of their official duties, by a law enforcement agency or
official, a district attorney, any other state or local investigative
agency or official or by judge of the unified court system; or
(c) there has been a prior knowing, voluntary, public disclosure by an
individual concerning a report of child abuse or maltreatment in which
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01972-01-9
A. 4418 2
such individual is named as the subject of the report as defined by
subdivision four of section four hundred twelve of this title; [or]
(d) the child named in the report has died or the report involves the
near fatality of a child. For the purposes of this section, "near fatal-
ity" means an act that results in the child being placed, as certified
by a physician, in serious or critical condition; OR
(E) (I) WHERE THE CHILD PROTECTIVE SERVICE REPRESENTATIVE DECLARES
HIMSELF OR HERSELF AS AN EMPLOYEE OF SUCH CHILD PROTECTIVE SERVICE AND
PRESENTS AN IDENTIFICATION CARD PROVING SUCH EMPLOYMENT AND AN INDIVID-
UAL BLATANTLY REFUSES TO ALLOW SUCH CHILD PROTECTIVE SERVICE REPRESEN-
TATIVE ENTRANCE INTO SUCH INDIVIDUAL'S HOME OR REFUSES TO MEET WITH SUCH
REPRESENTATIVE. SUCH INDIVIDUAL WHO IS THE SUBJECT OF AN INVESTIGATION
AND WHO IS BLATANTLY REFUSING SHALL HAVE TWENTY-FOUR HOURS TO COMPLY
WITH SUCH MEETING OR HOME VISIT WITH SUCH REPRESENTATIVE.
(II) THE CHILD WELFARE AGENCY SHALL BE RESPONSIBLE FOR NOTIFYING SUCH
INDIVIDUAL THAT THE TWENTY-FOUR HOURS HAVE LAPSED. IF AT SUCH TIME, SUCH
INDIVIDUAL BLATANTLY REFUSES TO A MEETING OR HOME VISIT WITH SUCH REPRE-
SENTATIVE OF THE CHILD WELFARE AGENCY, SUCH REFUSAL SHALL INDICATE A
NEED FOR A MORE THOROUGH INVESTIGATION AND SHALL BE GROUNDS FOR ISSUING
AN IMMEDIATE WARRANT TO ENTER SUCH INDIVIDUAL'S HOME TO INVESTIGATE THE
SAFETY AND WELL-BEING OF THE CHILD OR CHILDREN. THIS ACTION SHALL OCCUR
UPON THE FIRST INSTANCE THAT SUCH INDIVIDUAL BLATANTLY REFUSES TO COOP-
ERATE WITH SUCH REPRESENTATIVE. FOR THE PURPOSES OF THIS SECTION,
"BLATANT REFUSAL" MEANS VERBALLY REFUSING OR REFUSING BY USING PHYSICAL
FORCE.
S 2. This act shall take effect immediately.