NY State Senate Bill 2017-S7655

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2018	referred to children and families

co-Sponsors

2017-S7655 (ACTIVE) - Details

See Assembly Version of this Bill:: A8814
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §1046, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5746
2021-2022: A8388
2023-2024: A2399

2017-S7655 (ACTIVE) - Summary

Clarifies that in child protective proceedings and permanency hearings for children placed out of their homes, the social worker-client privilege shall not be a ground for excluding evidence in a hearing to secure an order of protection.

2017-S7655 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7655

SPONSOR: PHILLIPS
 
TITLE OF BILL:  An act to amend the family court act, in relation to
admissible evidence in court proceedings to secure an order of
protection

 
PURPOSE:

To aid families and dependent adult children who have surpassed the age
of eligibility for child support, but have developmental disabilities
that necessitate a living allowance.

 
SUMMARY OF GENERAL PROVISIONS:

Section 1 amends paragraph vii of subdivision (a) Section 1046 of the
Family Court Act to permit the waiver of privilege between a licensed
social worker and a client when introducing testimony in Family Court
for the purpose of securing an order of protection.

Section 2 establishes an effective date of 90 days after the bill

becomes law.

 
JUSTIFICATION:

Currently, the Family Court Act enumerates special relaxed evidentiary
standards in dispositional hearings. However, when petitioning the fami-
ly court for an order of protection, a social worker is typically barred
from providing testimony that is otherwise protected by social worker-
client privilege. Under Civil Practice Law and Rule 3408, a client and a
licensed master social worker or clinical social worker share a privi-
leged relationship, such that communications made during the course of
the relationship are deemed confidential. Social worker-client privilege
exists, in part, because keeping such information confidential induces
cooperation and truthfulness by the counseled party.

This bill would specifically waive social worker-client privilege when
petitioning for an order of protection with regard to admitting evidence
that would otherwise not be precluded, but for the existence of the
privileged relationship. As such, the bill would give greater weight to
the public interest of caring for the well-being of the petitioner seek-
ing the order of protection than it would to the values served by the
privilege. Ultimately, this would lead to a relaxed evidentiary standard
that assist petitioners in securing an order of protection.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
90 days after the bill becomes law.

2017-S7655 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7655
 
                             I N  S E N A T E
 
                             February 5, 2018
                                ___________
 
 Introduced  by  Sens. PHILLIPS, YOUNG -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families
 
 AN ACT to amend the family court act, in relation to admissible evidence
   in court proceedings to secure an order of protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (vii) of subdivision (a) of section 1046  of  the
 family  court  act,  as  amended  by chapter 432 of the laws of 1993, is
 amended to read as follows:
   (vii) neither the privilege attaching to  confidential  communications
 between husband and wife, as set forth in section forty-five hundred two
 of  the  civil  practice  law  and  rules, nor the physician-patient and
 related privileges, as set forth in section forty-five hundred  four  of
 the civil practice law and rules, nor the psychologist-client privilege,
 as  set  forth in section forty-five hundred seven of the civil practice
 law and rules, nor the social worker-client privilege, as set  forth  in
 section  forty-five  hundred  eight of the civil practice law and rules,
 nor the rape crisis counselor-client privilege, as set forth in  section
 forty-five  hundred  ten of the civil practice law and rules, shall be a
 ground for excluding  evidence  which  otherwise  would  be  admissible.
 SPECIFICALLY,  THE  SOCIAL WORKER-CLIENT PRIVILEGE SHALL NOT BE A GROUND
 FOR EXCLUDING EVIDENCE WHICH WOULD OTHERWISE BE ADMISSIBLE  IN  A  COURT
 HEARING TO SECURE AN ORDER OF PROTECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13686-01-7

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Senate Bill S7655

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2017-S7655 (ACTIVE) - Details

2017-S7655 (ACTIVE) - Summary

2017-S7655 (ACTIVE) - Sponsor Memo

2017-S7655 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7655

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Sponsored By

Elaine Phillips

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Catharine Young

2017-S7655 (ACTIVE) - Details

2017-S7655 (ACTIVE) - Summary

2017-S7655 (ACTIVE) - Sponsor Memo

2017-S7655 (ACTIVE) - Bill Text download pdf

Comments