BILL NUMBER:  S4249

 TITLE OF BILL :
An act to amend the social services law, in relation to requiring
additional investigation of certain claims of abuse or maltreatment


 PURPOSE OF BILL :
This bill establishes that the Department of Social Services shall
continue to investigate and evaluate any reports to the Child Abuse
Hotline, once a year for the next five years from the date of the last
report when three or more reports are made relating to the same
person.

 SUMMARY OF PROVISIONS :
Amends section 1 subdivision 3 of section 424 of the Social Service
law by adding a new paragraph that states when three or more reports
relating to the same person are made to the Child Abuse Hotline,
including unfounded and closed cases not found to be mistaken or false
reports, this person shall be investigated and evaluated at least once
a years for the next five year from the date of the last report.

 JUSTIFICATION :
Despite the best efforts of Departments of Social Services, many
children in the state fall victim to abuse. Too frequently shortfalls
in the system of reporting and investigation can result in a child's
              

death. The federal Center for Disease Control reports that one in
every 50 children under the age of one have experienced some kind of
abuse. Frequently the abuse is part of a pattern of neglect and
maltreatment and may progress over time from physical to sexual abuse.

Under current New York law, calls to the Child Abuse Hotline, whether
by concerned citizens or mandated reporters, are required to be
investigated by the local Child Protective Service within 24 hours
from when the initial call was placed. Pending the outcome of the
investigation, cases that have been determined unfounded are closed.
These cases are not reinvestigated unless another called is placed to
the Child Abuse Hotline. There is no provision allowing caseworkers to
follow up with the subjects of prior reports to determine if details
were missed or if conditions have deteriorated or if circumstances
have gotten worse.

The tragic death of Erin M. in Oswego county is one such case where
the system failed. Erin was an eleven-year old girl whose 2008 death
has been ruled a homicide. Available public information makes it clear
that the conditions in which she lived were deplorable and that the
home was unfit for occupancy. It has also been reported that the
Department of Social Services visited the house and closed the case
stating that the guardians provided reasonable and necessary care.

Establishing a five year period of time from the date of the last
report, during which time caseworkers will continue to investigate and
evaluate a situation, will allow more opportunity to determine if
details were missed or if conditions have deteriorated.  Further, this
would also give state workers the opportunity to work directly with
the county to evaluate the conditions under which children are living
by revisiting homes.

 LEGISLATIVE HISTORY :
New legislation.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.