Senate Bill S6427

Vetoed By Governor
2019-2020 Legislative Session

Relates to the standards of proof for unfounded and indicated reports of abuse or maltreatment and the admissibility of reports of child abuse and maltreatment

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2019-S6427 - Details

Law Section:
Social Services Law
Laws Affected:
Amd §§412, 421, 422 & 424-a, Soc Serv L; amd §§651-a, 1039, 1051 & 1053, Fam Ct Act

2019-S6427 - Summary

Relates to the standards of proof for unfounded and indicated reports of abuse or maltreatment and the admissibility of reports of child abuse and maltreatment and requires a fair preponderance of evidence of the alleged report; relates to the administration of the statewide central register of child abuse and maltreatment; makes related provisions.

2019-S6427 - Sponsor Memo

2019-S6427 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6427
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 the standard  of
   proof for unfounded and indicated reports of abuse or maltreatment and
   the  admissibility  of reports of child abuse and maltreatment; and to
   amend the social services law and the family court act, in relation to
   the administration of the statewide central register  of  child  abuse
   and maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 6 and 7 of section 412 of the social  services
 law,  as  added by chapter 1039 of the laws of 1973 and as renumbered by
 chapter 323 of the laws of 2008, are amended to read as follows:
   6. An "unfounded report" means any report made pursuant to this  title
 unless  an investigation determines that [some credible evidence] A FAIR
 PREPONDERANCE OF EVIDENCE of the alleged abuse or maltreatment exists;
   7. An "indicated report" means a report made pursuant to this title if
 an investigation determines that [some credible evidence] A FAIR PREPON-
 DERANCE OF EVIDENCE of the alleged abuse or maltreatment exists.
   § 2. Section 651-a of the family court act, as amended by  chapter  12
 of the laws of 1996, is amended to read as follows:
   §  651-a.  Reports  of child abuse and maltreatment; admissibility. In
 any proceeding brought pursuant to this section to determine the custody
 or visitation of minors, a report made to the statewide central register
 of child abuse and maltreatment, pursuant to title six of article six of
 the social services law, or a portion thereof, which is otherwise admis-
 sible as a business record pursuant to rule forty-five hundred  eighteen
 of the civil practice law and rules shall not be admissible in evidence,
 notwithstanding  such  rule,  unless  an  investigation  of  such report
 conducted pursuant to title six of article six of  the  social  services
 law has determined that there is [some credible] A FAIR PREPONDERANCE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S6427A (ACTIVE) - Details

Law Section:
Social Services Law
Laws Affected:
Amd §§412, 421, 422 & 424-a, Soc Serv L; amd §§651-a, 1039, 1051 & 1053, Fam Ct Act

2019-S6427A (ACTIVE) - Summary

Relates to the standards of proof for unfounded and indicated reports of abuse or maltreatment and the admissibility of reports of child abuse and maltreatment and requires a fair preponderance of evidence of the alleged report; relates to the administration of the statewide central register of child abuse and maltreatment; makes related provisions.

2019-S6427A (ACTIVE) - Sponsor Memo

2019-S6427A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6427--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the social services law, in relation to the standard of
   proof for unfounded and indicated reports of abuse or maltreatment and
   the admissibility of reports of child abuse and maltreatment;  and  to
   amend the social services law and the family court act, in relation to
   the  administration  of  the statewide central register of child abuse
   and maltreatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 6 and 7 of section 412 of the social services
 law, as added by chapter 1039 of the laws of 1973 and as  renumbered  by
 chapter 323 of the laws of 2008, are amended to read as follows:
   6.  An "unfounded report" means any report made pursuant to this title
 unless an investigation determines that [some credible evidence] A  FAIR
 PREPONDERANCE OF EVIDENCE of the alleged abuse or maltreatment exists;
   7. An "indicated report" means a report made pursuant to this title if
 an investigation determines that [some credible evidence] A FAIR PREPON-
 DERANCE OF EVIDENCE of the alleged abuse or maltreatment exists.
   §  2.  Section 651-a of the family court act, as amended by chapter 12
 of the laws of 1996, is amended to read as follows:
   § 651-a. Reports of child abuse and  maltreatment;  admissibility.  In
 any proceeding brought pursuant to this section to determine the custody
 or visitation of minors, a report made to the statewide central register
 of child abuse and maltreatment, pursuant to title six of article six of
 the social services law, or a portion thereof, which is otherwise admis-
 sible  as a business record pursuant to rule forty-five hundred eighteen
 of the civil practice law and rules shall not be admissible in evidence,
 notwithstanding such  rule,  unless  an  investigation  of  such  report
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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