Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 30, 2014 |
referred to children and families |
Senate Bill S7128
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S7128 (ACTIVE) - Details
2013-S7128 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7128 TITLE OF BILL: An act to amend the social services law, in relation to false allegations of suspected child abuse and maltreatment PURPOSE: This bill establishes a civil penalty against a person who intentionally makes a false report of an alleged occurrence of child abuse or maltreatment. SUMMARY OF PROVISIONS: Section 1: amends section 422 of the Social Services Law by adding a new subdivision 15 to allow the Office of Children and Family Services or a local child protective services to seek, and for a hearing officer to impose, a fine, not to exceed $5,000 for a first violation and up to $10,000 for a second and subsequent violations upon a person who knowingly and willfully makes a false report of abuse or maltreatment of a child, or a person who counsels another to make a false report. In addition, this section creates a process for that fine to be imposed. Section 2: Effective Date. JUSTIFICATION:
2013-S7128 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7128 A. 9436 S E N A T E - A S S E M B L Y April 30, 2014 ___________ IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Children and Families IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law, in relation to false allega- tions of suspected child abuse and maltreatment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 422 of the social services law is amended by adding a new subdivision 15 to read as follows: 15. (A) IN ADDITION TO CRIMINAL PENALTIES AUTHORIZED BY ARTICLE TWO HUNDRED FORTY OF THE PENAL LAW, THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR LOCAL CHILD PROTECTIVE SERVICES ACTING THROUGH ITS COMMIS- SIONER, MAY SEEK A CIVIL PENALTY AGAINST ANY PERSON WHO BY WORD OR ACTION KNOWINGLY OR WILLFULLY MAKES A REPORT TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT OR MAKES A REPORT TO ANY PERSON REQUIRED TO REPORT SUSPECTED CHILD ABUSE OR MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE KNOWING THAT THE PERSON IS REQUIRED TO REPORT SUCH CASE, OF AN ALLEGED OCCURRENCE OF CHILD ABUSE OR MALTREATMENT WHICH SAID PERSON KNEW DID NOT IN FACT OCCUR OR EXIST. (B) THE MAXIMUM CIVIL PENALTY SHALL BE FIVE THOUSAND DOLLARS FOR THE FIRST OCCURRENCE AND TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT OCCUR- RENCE. EACH FALSE REPORT CONSTITUTES A SEPARATE VIOLATION. (C) IF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR LOCAL CHILD PROTECTIVE SERVICES ALLEGES THAT A PERSON HAS MADE A FALSE REPORT WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT, THE OFFICE OR SERVICE MUST NOTIFY SUCH PERSON THAT A HEARING WILL BE HELD TO DETERMINE IF A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION HAS OCCURRED. THE PERSON SHALL BE GIVEN A FULL STATEMENT OF THE ALLEGATIONS AGAINST HIM OR HER, A NOTICE THAT A HEARING WILL BE HELD IN FRONT OF A NEUTRAL FACT FINDER WHO SHALL BE APPOINTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE LOCAL CHILD PROTECTIVE SERVICES, THAT THEY HAVE A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.