S T A T E O F N E W Y O R K
________________________________________________________________________
1518
2015-2016 Regular Sessions
I N S E N A T E
January 13, 2015
___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law, in relation to report protocol,
and to amend chapter 544 of the laws of 2014, amending the social
services law relating to requiring written comments to be included in
reports by local social services districts on the death of certain
children, in relation to the effectiveness thereof
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 544 of the laws of 2014,
are amended to read as follows:
(b) Such report shall include (i) the cause of death, whether from
natural or other causes, (ii) identification 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, (v) any action or further
investigation undertaken by the department or by the local social
services district since the death of the child, (vi) as appropriate,
recommendations for local or state administrative or policy changes, and
(vii) written comments as may be provided by any local social services
district referenced in such report, TO THE EXTENT THAT SUCH COMMENTS:
(A) PROTECT THE CONFIDENTIALITY AND PRIVACY OF THE DECEASED CHILD, HIS
OR HER SIBLINGS, THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH
CHILD, ANY OTHER MEMBERS OF SUCH CHILD'S HOUSEHOLD AND THE SOURCE OF ANY
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT, AND (B) ARE RELEVANT TO
THE FATALITY REPORTED AND PERTAIN TO ANY OF THE PROVISIONS OF SUBPARA-
GRAPH (I), (II), (III), (IV), (V) OR (VI) OF THIS PARAGRAPH, PROVIDED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07382-01-5
S. 1518 2
THAT ANY COMMENTS THAT PERTAIN TO SUBPARAGRAPHS (I), (II), (III), (IV)
OR (V) OF THIS PARAGRAPH MUST BE FACTUALLY ACCURATE.
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 or a local social
services district. In making a fatality report available to the public
pursuant to paragraph (c) of this subdivision, the department may
respond to a child specific request for such report if the commissioner
determines that such disclosure is not contrary to the best interests of
the deceased child's siblings or other children in the household, pursu-
ant 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 psycholog-
ical, psychiatric, therapeutic, clinical or medical reports, evaluations
or like materials or information pertaining to such child or the child's
family.
(c) [Thirty] TWENTY days prior to the release of the report the
department shall forward the proposed report to each local social
services district referenced in the report. Within [twenty] TEN days
thereafter, each local social services district may provide written
comments [which the] IN ACCORDANCE WITH SUBPARAGRAPH (VII) OF PARAGRAPH
(B) OF THIS SUBDIVISION TO THE DEPARTMENT IN THE FORM AND MANNER
REQUIRED BY THE DEPARTMENT TO BE INCLUDED BY THE department [shall
include] within the report. No later than six months from the date of
the death of such child, the department shall forward its report to the
social services district, chief county executive officer, 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
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 annu-
al 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.
S 2. Section 2 of chapter 544 of the laws of 2014, amending the social
services law relating to requiring written comments to be included in
reports by local social services districts on the death of certain chil-
dren, is amended to read as follows:
S 2. This act shall take effect [immediately] ON THE NINETIETH DAY
AFTER IT SHALL HAVE BECOME A LAW AND SHALL APPLY TO FATALITY REPORTS
ISSUED ON OR AFTER SUCH DATE.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date as chapter 544 of
the laws of 2014 took effect, provided that the amendments made by
section one of this act shall take effect on the same date and in the
same manner as chapter 544 the laws of 2014, takes effect.