NY State Senate Bill 2019-S2706

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
Jan 29, 2019	referred to children and families

co-Sponsors

2019-S2706 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6344
2015-2016: S754
2017-2018: S5101

2019-S2706 (ACTIVE) - Summary

Assists mandated reporters of child abuse or maltreatment to maintain the child's safety.

2019-S2706 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2706

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the social services law, in relation to assisting
mandated reporters of child abuse or maltreatment to maintain the
child's safety

 
PURPOSE:

To require a county department of child protective services to provide
mandated reporters, who have made a report, with the necessary informa-
tion for the purpose of assisting the mandated reporter in his or her
professional and official role in maintaining the child's safety.

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph A of subdivision 4 of section 422 of the
social services law. The provision requires a county department of child
protective services to provide certain information, within thirty days

after receipt of a report of suspected child abuse or maltreatment from
a mandated reporter, for the purpose of assisting in his or her profes-
sional and official role in maintaining the child's safety.

 
JUSTIFICATION:

In 2013, Erie County was rocked by the tragic death of five-year-old
Bain Brooks at the hands of his mother's live-in boyfriend. Less than
one year earlier, ten-year-old Abdifatah Nohamud was brutally murdered
by his stepfather. Both cases had been handled by county child protec-
tive services (CPS), and at least one report to the State Office of
Child and Family Services (OCFS) had been made in both cases by those
who sought to protect the children and were mandated by law to report
such abuse.

While school officials and medical professionals are tasked with the
protection of our children, and required by state law to report inci-
dences of maltreatment or abuse, these professionals are often not given
the means to ensure the state and county have taken the appropriate
actions to keep children safe.

Physicians in Western New York have described cases in which there was
no coordination between Child Protective workers and the medical profes-
sionals who reported an incident of abuse. This absence of communication
presents a serious problem when the medical professional is determining
who to send the child home with after a medical appointment or hospital-
ization. Better coordination between the county department and those
charged with the protection of our children, will allow physicians,
teachers and other mandated reporters to better fulfill their obli-
gations to protect the safety and well-being of children under their
care.

For example, under this legislation, CPS workers will be required to
update a physician, teacher or other mandated reporter on the status of
a child's case within 30 days of that physician's initial report of
suspected abuse or maltreatment. This legislation will encourage infor-
mation sharing and compel Child Protective Services to conduct deeper,
more thorough investigations.
 
LEGISLATIVE HISTORY:

2017-18: S.5101 Referred to Children and Families

2015-16: Referred to Children and Families

2013-14: Referred to Children and Families

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2706 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2706
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by Sens. KENNEDY, BRESLIN -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families
 
 AN  ACT  to  amend  the  social  services  law, in relation to assisting
   mandated reporters of child abuse  or  maltreatment  to  maintain  the
   child's safety

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The second  undesignated  paragraph  of  paragraph  (A)  of
 subdivision  4  of section 422 of the social services law, as amended by
 section 6 of part D of chapter 501 of the laws of 2012,  is  amended  to
 read as follows:
   After a child, other than a child in residential care, who is reported
 to  the  central  register  of  abuse or maltreatment reaches the age of
 eighteen years, access to a child's record under subparagraphs  (a)  and
 (b) of this paragraph shall be permitted only if a sibling or off-spring
 of  such  child is before such person and is a suspected victim of child
 abuse or maltreatment. In addition, a person  or  official  required  to
 make  a  report  of  suspected  child  abuse or maltreatment pursuant to
 section four hundred  thirteen  of  this  chapter  shall  receive,  upon
 request,  the  findings of an investigation made pursuant to this title.
 However, no information may be released unless the person or  official's
 identity  is  confirmed by the office. [If the request for such informa-
 tion is made prior to the completion of an investigation  of  a  report,
 the  released  information  shall  be  limited  to whether the report is
 "indicated", "unfounded" or "under investigation",  whichever  the  case
 may  be.]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WITHIN THIRTY
 CALENDAR DAYS AFTER RECEIPT OF A REPORT  OF  SUSPECTED  CHILD  ABUSE  OR
 MALTREATMENT  FROM  A  PERSON OR OFFICIAL REQUIRED TO MAKE SUCH A REPORT
 PURSUANT TO SECTION FOUR  HUNDRED  THIRTEEN  OF  THIS  TITLE,  A  COUNTY
 DEPARTMENT  SHALL  PROVIDE  THE  FOLLOWING  INFORMATION  TO THE MANDATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03683-01-9

 S. 2706                             2
 
 REPORTER FOR THE PURPOSE OF ASSISTING THE MANDATED REPORTER  IN  HIS  OR
 HER  PROFESSIONAL  AND  OFFICIAL ROLE IN MAINTAINING THE CHILD'S SAFETY:
 (I) THE NAME OF THE CHILD AND THE DATE IN WHICH  THE  REPORT  WAS  MADE;
 (II) WHETHER THE REFERRAL WAS ACCEPTED FOR ASSESSMENT; (III) WHETHER THE
 REFERRAL  WAS  CLOSED  WITHOUT  SERVICES;  (IV)  WHETHER  THE ASSESSMENT
 RESULTED IN SERVICES RELATED TO THE SAFETY OF THE  CHILD;  AND  (V)  THE
 NAME  AND  CONTACT INFORMATION FOR THE COUNTY CASEWORKER RESPONSIBLE FOR
 INVESTIGATING THE REFERRAL. If the request for such information is  made
 after  the  completion  of  an  investigation  of a report, the released
 information shall be limited to whether the  report  is  "indicated"  or
 "unfounded",  whichever  the  case  may be. A person given access to the
 names or other information identifying the subjects of  the  report,  or
 other  persons  named in the report, except the subject of the report or
 other persons named in the report, shall not divulge or make public such
 identifying information unless he or she is a district attorney or other
 law enforcement official and the purpose is to initiate court action  or
 the  disclosure  is  necessary  in  connection with the investigation or
 prosecution of the subject of the report for a  crime  alleged  to  have
 been  committed  by  the  subject  against  another  person named in the
 report. Nothing in  this  section  shall  be  construed  to  permit  any
 release,  disclosure  or  identification  of  the  names  or identifying
 descriptions of persons who  have  reported  suspected  child  abuse  or
 maltreatment  to  the statewide central register or the agency, institu-
 tion, organization, program or  other  entity  where  such  persons  are
 employed  or the agency, institution, organization or program with which
 they are associated without such persons' written permission  except  to
 persons,  officials,  and agencies enumerated in subparagraphs (e), (f),
 (h), (j), (l), (m) and (v) of this paragraph.
   § 2. This act shall take effect immediately.

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Senate Bill S2706

Sponsored By

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

co-Sponsors

2019-S2706 (ACTIVE) - Details

2019-S2706 (ACTIVE) - Summary

2019-S2706 (ACTIVE) - Sponsor Memo

2019-S2706 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2706

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Sponsored By

Timothy M. Kennedy

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

co-Sponsors

Alessandra Biaggi

Neil D. Breslin

2019-S2706 (ACTIVE) - Details

2019-S2706 (ACTIVE) - Summary

2019-S2706 (ACTIVE) - Sponsor Memo

2019-S2706 (ACTIVE) - Bill Text download pdf

Comments