S T A T E O F N E W Y O R K
________________________________________________________________________
3878
2009-2010 Regular Sessions
I N S E N A T E
April 2, 2009
___________
Introduced by Sen. MONTGOMERY -- (at request of the Office of Children
and Family Services) -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to information in
child fatality reports
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b) and (c) of subdivision 5 of section 20 of
the social services law, as amended by chapter 12 of the laws of 1996,
are amended to read as follows:
(b) Such report shall CONTAIN A FACTUAL SECTION WHICH WILL include (i)
the cause of death, whether from natural or other causes, (ii) identifi-
cation of child protective or other services provided or actions taken
regarding such child and his or her family, (iii) any extraordinary or
pertinent information concerning the circumstances of the child's death,
(iv) whether the child or the child's family had received assistance,
care or services from the social services district prior to such child's
death, AND (v) any action or further investigation undertaken by the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES or by the local
social services district since the death of the child[, and (vi)]. IT
SHALL ALSO INCLUDE, as appropriate, A FINDINGS SECTION CONTAINING recom-
mendations for local or state administrative or policy changes.
Such report shall contain no information that would identify the name
of the deceased child, his or her siblings, the parent or other person
legally responsible for the child or any other members of the child's
household, but shall refer instead to the case, which may be denoted in
any fashion determined appropriate by the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES or a local social services district. In making
THE FACTUAL SECTION OF a fatality report available, THE OFFICE SHALL
DETERMINE WHETHER DISCLOSURE OF SUCH FACTUAL SECTION OF THE REPORT to
the public pursuant to paragraph (c) of this subdivision[, the depart-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07444-01-9
S. 3878 2
ment may respond to a child specific request for such report if the
commissioner determines that such disclosure is not] WILL BE contrary to
the best interests of the deceased child's siblings or other children in
the household, pursuant to subdivision five of section four hundred
twenty-two-a of this chapter. Except as it may apply directly to the
cause of the death of the child, nothing herein shall be deemed to
authorize the release or disclosure to the public of the substance or
content of any psychological, psychiatric, therapeutic, clinical or
medical reports, evaluations or like materials or information pertaining
to such child or the child's family.
(c) No later than six months from the date of the death of such child,
the [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall forward
its report to the social services district, chief county executive offi-
cer, chairperson of the local legislative body of the county where the
child's death occurred and the social services district which had care
and custody or custody and guardianship of the child, if different. The
[department] OFFICE OF CHILDREN AND FAMILY SERVICES shall notify the
temporary president of the senate and the speaker of the assembly as to
the issuance of such reports and, in addition to the requirements of
section seventeen of this chapter, shall submit an annual cumulative
report to the governor and the legislature incorporating the data in the
above reports and including appropriate findings and recommendations.
Such reports concerning the death of a child and such cumulative reports
shall immediately thereafter be made available to the public after such
forwarding or submittal; PROVIDED, HOWEVER, THAT IF SUCH OFFICE DETER-
MINES THAT DISCLOSURE OF THE FACTUAL SECTION OF A REPORT CONCERNING THE
DEATH OF A CHILD WILL BE CONTRARY TO THE BEST INTERESTS OF THE DECEASED
CHILD'S SIBLINGS OR OTHER CHILDREN IN THE HOUSEHOLD PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION, THEN ONLY THE FINDINGS SECTION OF THE
REPORT SHALL BE RELEASED TO THE PUBLIC.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.