S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1593
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in  relation  to  requisite  training
   instruction  for police officers for crimes involving sexual assaults;
   and to amend the social services law,  in  relation  to  training  for
   child protective services workers in certain instances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 840 of the executive law is amended by adding a new
 subdivision 8 to read as follows:
   8. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS REQUIRING TRAIN-
 ING AND INSTRUCTION FOR ALL  POLICE  OFFICERS  WITH  RESPECT  TO  CRIMES
 INVOLVING  SEXUAL ASSAULT. SUCH TRAINING AND INSTRUCTION, WHICH SHALL BE
 DESIGNED AND PRESENTED IN CONSULTATION  WITH  THE  RAPE  CRISIS  CENTERS
 EXPERIENCED  IN  ASSISTING VICTIMS IN THIS STATE, SHALL INCLUDE, BUT NOT
 BE LIMITED TO UNDERSTANDING RAPE AND SEXUAL ABUSE TRAUMA AND  PSYCHOLOG-
 ICAL  ISSUES  CONFRONTED  BY  SUCH  CRIME  VICTIMS, COMMON ATTRIBUTES OF
 OFFENDERS, FAIR TREATMENT STANDARDS FOR CRIME VICTIMS PURSUANT TO  ARTI-
 CLE  TWENTY-THREE  OF  THIS CHAPTER, EVIDENCE GATHERING AND PRESERVATION
 ISSUES, INTERVIEW TECHNIQUES AND INFORMATION CONCERNING THE AVAILABILITY
 OF LOCAL SERVICES FOR THE VICTIMS OF SUCH  CRIMES.    ALL  NEW  OFFICERS
 SHALL  RECEIVE  SUCH  TRAINING  AND  INSTRUCTION,  AS  PART OF THE BASIC
 CURRICULUM AT THE STATE POLICE ACADEMY OR AT MUNICIPAL POLICE ACADEMIES,
 AS APPLICABLE. THE COUNCIL SHALL PROMULGATE SUCH RULES  AND  REGULATIONS
 AS  IT DEEMS NECESSARY CONCERNING PERIODIC RETRAINING OF POLICE OFFICERS
 REGARDING CRIMES INVOLVING SEXUAL ASSAULT.
   § 2. The opening and closing paragraphs of subdivision  3  of  section
 421  of  the  social  services  law, the opening paragraph as amended by
 chapter 718 of the laws of 1986 and the closing paragraph as amended  by
 chapter 320 of the laws of 1990, are amended to read as follows:
   promulgate  regulations setting forth requirements for the performance
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04402-01-3
 S. 1593                             2
 
 requirements  for  the  investigation  of  reports  of  child  abuse  or
 maltreatment under this title. The [department] OFFICE OF  CHILDREN  AND
 FAMILY  SERVICES  shall  also issue guidelines which shall set forth the
 circumstances or conditions under which:
   The  [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall promul-
 gate regulations to establish STANDARDS FOR THE DEVELOPMENT OF A  TRAIN-
 ING  CURRICULUM  FOR  CHILD  PROTECTIVE  SERVICES  WORKERS WHICH TEACHES
 APPROPRIATE INVESTIGATORY TECHNIQUES FOR REPORTS  OF  SEXUAL  ABUSE  AND
 MANDATES ON-GOING TRAINING FOR CHILD PROTECTIVE SERVICES WORKERS, stand-
 ards  for  intervention, criteria for case closings, criteria for deter-
 mining 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
 classified  as  child protective services, which shall also apply to any
 society 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] OFFICE
 OF CHILDREN AND FAMILY SERVICES shall promulgate regulations  establish-
 ing 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 subdivi-
 sion (a) of section ten hundred fifty-two of the family court act.  Such
 regulations 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. Paragraph (b) of subdivision 5  of  section  421  of  the  social
 services  law, as amended by chapter 525 of the laws of 2006, is amended
 to read as follows:
   (b) promulgate regulations setting forth training  requirements  which
 shall  specify,  among  other  things, that all persons hired by a child
 protective service on or after April first, nineteen hundred  eighty-six
 shall  have  satisfactorily  completed a course approved by the [depart-
 ment] OFFICE OF CHILDREN AND FAMILY  SERVICES  within  the  first  three
 months  of  employment,  in  the  fundamentals of child protection. Such
 course shall include at least basic training in the principles and tech-
 niques of investigations, including relationships  with  other  investi-
 gative  bodies, legal issues in child protection, and methods of remedi-
 ation, diagnosis, treatment and prevention. Such regulations shall  also
 specify  that  all  persons employed by a child protective service on or
 after December first, two thousand six shall satisfactorily complete six
 hours of annual in service training, beginning in their second  year  of
 employment.  Such  annual  in service training shall include, but is not
 limited to, review of the protocols for identification and investigation
 of child abuse and maltreatment, any developments  in  legal,  treatment
 and  prevention  issues  in child protection, and review and analysis of
 field experiences of child protective services workers.
   § 4. Subdivision 7 of section 421  of  the  social  services  law,  as
 amended  by  chapter  718  of  the  laws  of 1986, is amended to read as
 follows:
   7. take all reasonable and necessary actions to assure that the  local
 departments  of  social services are kept apprised on a current basis of
 the laws, regulations and policies of the [department] OFFICE  OF  CHIL-
 DREN AND FAMILY SERVICES concerning child abuse and maltreatment.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.