S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8221

                            I N  S E N A T E

                            December 21, 2016
                               ___________

Introduced  by  Sens.  LITTLE, AKSHAR, FUNKE, GOLDEN, RITCHIE, SEWARD --
  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 directing child
  protective services to investigate for child abuse or maltreatment, in
  any case where a child, under the age of 3 years is in the vicinity of
  a person arrested for a controlled substance offense when the arrested
  person is the parent or guardian of, or person legally responsible for
  such child, and requiring the testing of such a child for the presence
  of controlled substances in his or her system;  to  amend  the  family
  court  act,  in relation to authorizing courts to order the production
  of such a child for the purpose of testing; and directing  the  office
  of  children  and  family  services  to submit a report thereon to the
  governor and the legislature

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 424 of the social services law is amended by adding
a new subdivision 15 to read as follows:
  15. UPON THE RECEIPT OF A REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
MENT  OF A CHILD UNDER THE AGE OF THREE YEARS, MADE BY A PERSON REQUIRED
TO REPORT CASES OF SUSPECTED CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO
SECTION  FOUR HUNDRED THIRTEEN OF THIS TITLE, WHEN SUCH CHILD WAS IN THE
VICINITY OF HIS OR HER PARENT OR GUARDIAN, OR A PERSON LEGALLY RESPONSI-
BLE FOR THE CHILD, WHO WAS ARRESTED FOR AN OFFENSE  DEFINED  IN  ARTICLE
TWO  HUNDRED TWENTY OF THE PENAL LAW, IMMEDIATELY CAUSE AN INVESTIGATION
TO BE COMMENCED TO DETERMINE WHETHER THE CHILD IS ABUSED AND MALTREATED,
AND CAUSE WITHIN TEN DAYS OF SUCH REPORT, A HAIR FOLLICLE TEST OR  OTHER
APPROPRIATE  TEST TO BE PERFORMED ON THE CHILD TO DETERMINE THE PRESENCE
OF CONTROLLED SUBSTANCES IN THE CHILD'S SYSTEM.
  S 2. Subparagraph (ii) of paragraph (a) of subdivision  2  of  section
1034  of  the family court act, as amended by chapter 740 of the laws of
2006, is amended to read as follows:
  (ii) Where a court order has been requested pursuant to this paragraph
the court may issue an order  under  this  section  requiring  that  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16202-04-6

S. 8221                             2

parent  or  other  persons legally responsible for the child or children
produce the child or children at a particular location which may include
a child advocacy center, or to a particular person for an  interview  of
the  child  or  children,  and  for  observation of the condition of the
child,  outside  of  the  presence  of  the  parent  or   other   person
responsible, AND, IN THE CASE OF A REPORT SUBMITTED PURSUANT TO SUBDIVI-
SION  FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES
LAW, FOR THE PURPOSE OF THE TESTING OF THE CHILD  OR  CHILDREN  FOR  THE
PRESENCE OF CONTROLLED SUBSTANCES IN ACCORDANCE WITH SUCH SUBDIVISION.
  S  3.  Subparagraph  (ii) of paragraph (b) of subdivision 2 of section
1034 of the family court act, as amended by chapter 740 of the  laws  of
2006, is amended to read as follows:
  (ii) Where a court order has been requested pursuant to this paragraph
the  court  may issue an order under this section authorizing the person
conducting the child protective investigation to enter the home in order
to determine whether such  child  or  children  are  present  and/or  to
conduct  a  home visit and evaluate the home environment of the child or
children, AND, IN THE CASE OF A REPORT SUBMITTED PURSUANT TO SUBDIVISION
FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES  LAW,
CAUSE  THE  CHILD  TO  BE TESTED FOR THE POSSIBLE PRESENCE OF CONTROLLED
SUBSTANCES IN THE CHILD'S BODY IN ACCORDANCE WITH SUCH SUBDIVISION.
  S 4. Within one year of the effective date of this act, the office  of
children  and  family services shall compile data and submit a report to
the governor and the legislature on the number of cases in  which  tests
were  conducted  pursuant to subdivision 15 of section 424 of the social
services law, and such report shall include such additional  information
and  data as the office of children and family services shall deem to be
necessary.
  S 5. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.