Senator Gallivan Supports Bills to Provide New Tools for Child Abuse Protection

Senator Patrick M. Gallivan (R-C-I, Elma) announces the Senate has passed two bills to help save the lives of abused children who may otherwise slip through the cracks of Child Protective Services. The bills require testing young children for drugs if their guardian is arrested on drug charges, and restrict high caseloads from jeopardizing the investigation of child abuse or maltreatment.

“The goal of this legislation is to protect the lives of our most vulnerable citizens, our children,” Gallivan said.  “We must also ensure that the caseworkers charged with the responsibility of keeping children and families safe are not overburdened and unable to perform their jobs effectively.” 

Bill S137 would require hair follicle testing of an infant or toddler under the age of three who is in the vicinity of parent or guardian who is arrested on a drug charge. The legislation, known as Kayleigh Mae's Law, is named after a 13-month-old child in Washington County who died in 2015 after being given heroin and cocaine for 10 months after birth. For children who are not yet old enough to speak, the hair follicle test would give a new tool for child protective investigations to help determine if a child’s health is at risk from illegal drug exposure.

Bill S3146 establishes a statewide standard of no more than 15 cases per month per full-time child protective caseworker.

The state Office of Children and Family Services recommends a CPS caseload size of 12 active reports per month. However, average caseloads are higher in many counties throughout the state. 

The bills have been sent to the Assembly.

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