S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6898
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to requiring  child
   protective services to document home visits with photographs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may  be  cited  as  "Marchella
 Pierce's Law".
   §  2.    Subdivision  3  of section 421 of the social services law, as
 amended by chapter 718 of the laws of 1986, paragraph (a) as amended  by
 chapter  110 of the laws of 1989 and the closing paragraph as amended by
 chapter 320 of the laws of 1990, is amended to read as follows:
   3. promulgate regulations setting forth requirements for the  perform-
 ance  by  local  social  services  departments  of the duties and powers
 imposed and conferred upon them by the provisions of this title  and  of
 article  ten  of  the family court act. Such regulations shall establish
 uniform requirements for the investigation of reports of child abuse  or
 maltreatment  under  this  title. The department shall also issue guide-
 lines which shall set forth the circumstances or conditions under which:
   (a) personal contact shall be made with the child named in the  report
 and  any  other  children  in the same household, including interviewing
 such child or children absent the subject of the report whenever  possi-
 ble and appropriate;
   (b) photographs of visible physical injuries or trauma of children who
 may  be  the victims of abuse or maltreatment shall be taken or arranged
 for;
   (c) medical examination of a child who may be a  victim  of  abuse  or
 maltreatment and documentation of findings of such examination, shall be
 required.
   The department shall promulgate regulations to establish standards for
 intervention,  criteria  for  case  closings,  criteria  for determining
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10750-01-1

 A. 6898                             2
 
 whether or not to initiate a child protective proceeding,  and  criteria
 for  the  formulation  of  treatment plans and for the delivery of child
 protective services including specification of the services to be  clas-
 sified as child protective services, which shall also apply to any soci-
 ety  for  the prevention of cruelty to children which has entered into a
 currently valid contract with a local department of social  services  to
 investigate  child  abuse  or maltreatment reports. The department shall
 promulgate regulations establishing minimum standards and practices  for
 the  delivery of child protective services in connection with monitoring
 and supervising respondents and their families as ordered  by  a  family
 court  pursuant  to  section ten hundred thirty-nine and paragraphs (i),
 (iii), (iv) and (v) of subdivision (a) of section ten hundred  fifty-two
 of  the family court act.  THE DEPARTMENT SHALL REQUIRE THAT EVERY CASE-
 WORKER, CHILD PROTECTIVE SERVICES EMPLOYEE OR ANY PERSON ACTING PURSUANT
 TO A CONTRACT FOR SERVICES WITH A LOCAL SOCIAL SERVICES  DEPARTMENT  WHO
 HAS  CONTACT WITH A CHILD AS PART OF A TREATMENT PLAN OR SUPERVISION AND
 MONITORING, DOCUMENT EACH SUCH CONTACT WITH A PHOTOGRAPH  TAKEN  OF  THE
 CHILD  DURING SUCH VISIT OR CONTACT USING A TABLET OR COMPARABLE DEVICE.
 SUCH PHOTOGRAPH SHALL BE PART OF THE CONFIDENTIAL CASE RECORD  FOR  SUCH
 CHILD  AND  SHALL BE SUBJECT TO PERIODIC REVIEW BY THE SUPERVISOR OF THE
 CASE. SUCH PHOTOGRAPH MUST BE OF SUFFICIENT QUALITY TO CLEARLY  IDENTIFY
 THE CHILD, AND CONTAIN ACCURATE DATA WITH REGARD TO THE TIME AND DATE OF
 THE  PHOTOGRAPH.  THE  SUPERVISING  AUTHORITY MAY REQUIRE, TO THE EXTENT
 PRACTICABLE, THAT THE CASEWORKER UTILIZE  TECHNOLOGY  ALLOWING  FOR  THE
 GEOGRAPHIC DOCUMENTATION OF SAID VISIT.  Such regulations REQUIRED UNDER
 THIS  SUBDIVISION  shall also require local child protective services to
 comply with  notification  requirements  of  the  family  court  act  in
 connection with such monitoring and supervisory responsibilities.
   § 3. Section 372 of the social services law is amended by adding a new
 subdivision 4-c to read as follows:
   4-C.  THE RECORDS MAINTAINED PURSUANT TO THIS SECTION BY ANY CASEWORK-
 ER, CHILD PROTECTIVE SERVICES EMPLOYEE OR AUTHORIZED AGENCY  AS  DEFINED
 IN  SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE WHO HAS CONTACT WITH
 A FOSTER CHILD AS PART OF A TREATMENT PLAN OR SUPERVISION  AND  MONITOR-
 ING,  SHALL  DOCUMENT  EACH  SUCH CONTACT WITH A PHOTOGRAPH TAKEN OF THE
 CHILD DURING SUCH VISIT OR CONTACT CONSISTENT WITH THE REQUIREMENTS  SET
 FORTH  IN  SUBDIVISION  THREE OF SECTION FOUR HUNDRED TWENTY-ONE OF THIS
 ARTICLE.
   § 4. This act shall take effect immediately.