BILL NUMBER:  S5724

 TITLE OF BILL :

An act to amend the social services law, in relation to interviewing a
potentially abused child

 PURPOSE OR GENERAL IDEA OF BILL :

Enacts "Abdifatah's Law" to require the subject of a report of
suspected child abuse not be interviewed in the presence of any other
person named in the report.

 SUMMARY OF PROVISIONS :

Section 1. The provision is meant to stop the practice of interviewing
victims in the presence of the potential abuser, which is contrary to
all accepted child welfare practice, and will likely save children's
lives.

 EXISTING LAW :

Section 1. Paragraph (a) of subdivision 6 of section 424 according to
the current statute, under the "differential response" approach to
child protection investigations, investigative teams typically conduct
their interviews of allegedly neglected and abused children in the
              

presence of the alleged perpetrators. This can allow for an oppressive
environment and coercion of the child when the investigation is taking
place.

 JUSTIFICATION :

Awareness of the epidemic of child abuse has come a long way since
section Section 424 (a) 6 was enacted. The most recent literature
estimates that child maltreatment costs the country a total lifetime
economic burden resulting from new cases of fatal and nonfatal
treatment of $124 billion using 2008 figures.

Erie County experienced a horrific beating death of a 10 year old
child by his step father on April 17, 2012. According to the attorneys
representing Abdifatah Mohamud the investigation of the initial Child
Protection Services Report of excessive corporal punishment was
referred to a "differential response" team which, according to its
protocol, interviewed Abdifatah in the presence of the alleged
perpetrator, his step-father. The step-father was even relied upon to
translate between the investigator and the child's mother. Under these
circumstances, Abdifatah recanted his initial claim that his
stepfather had beaten him. The step-father murdered the child after
the initial report was filed with CPS. This death was most likely
preventable had a different standard for investigating the CPS reports
been required.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal. The Child and Family Services department will continue to
conduct interviews of alleged child abuse, but be required to find a
safe place in which to interview the victim away from the alleged
perpetrator.

 EFFECTIVE DATE :
This act shall take effect immediately.