Assembly Bill A4418

2009-2010 Legislative Session

Relates to individuals who refuse to participate in an investigation being conducted by child protective services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A4418 (ACTIVE) - Details

See Senate Version of this Bill:
S131
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §422-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S1669

2009-A4418 (ACTIVE) - Summary

Relates to individuals who refuse to participate in an investigation being conducted by child protective services; grants a twenty-four hour notice to the individual for the meeting or home visit; defines "blatant refusal"; declares that such refusal shall indicate a need for a more thorough investigation and shall be grounds for issuing an immediate warrant to enter such individual's home to investigate the safety and well-being of the child or children

2009-A4418 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4418

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. TOWNS, ALFANO, KOLB -- Multi-Sponsored by -- M.
  of A. COOK, REILLY -- read once and referred to the Committee on Chil-
  dren and Families

AN ACT to amend the social services law, in relation to individuals  who
  refuse  to  participate  in  an investigation being conducted by child
  protective services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 422-a of the social services law,
as added by chapter 12 of the laws of 1996 and paragraph (d) as  amended
by chapter 136 of the laws of 1999, is amended to read as follows:
  1.  Notwithstanding any inconsistent provision of law to the contrary,
the  commissioner  or  a city or county social services commissioner may
disclose information regarding the abuse or maltreatment of a  child  as
set  forth  in  this  section,  and  the  investigation  thereof and any
services related thereto if he or she determines  that  such  disclosure
shall  not  be  contrary to the best interests of the child, the child's
siblings or other children in the household and any one of the following
factors are present:
  (a) the subject of the  report  has  been  charged  in  an  accusatory
instrument with committing a crime related to a report maintained in the
statewide central register; or
  (b) the investigation of the abuse or maltreatment of the child by the
local  child  protective  service  or  the provision of services by such
service has been publicly disclosed in a report required to be disclosed
in the course of their official duties, by a law enforcement  agency  or
official,  a  district  attorney, any other state or local investigative
agency or official or by judge of the unified court system; or
  (c) there has been a prior knowing, voluntary, public disclosure by an
individual concerning a report of child abuse or maltreatment  in  which

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01972-01-9

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