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

                                  7970

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 30, 2009
                               ___________

Introduced  by  M.  of  A. SCARBOROUGH, BARRON, JAFFEE, GUNTHER, PAULIN,
  ESPAILLAT, MILLMAN, TITONE, CASTRO, STIRPE -- Multi-Sponsored by -- M.
  of A. GALEF, GOTTFRIED, JOHN, MAGEE, MAISEL, McENENY, MENG, WEISENBERG
  -- (at request of the Office of Children and Family Services) --  read
  once and referred to the Committee on Children and Families

AN  ACT  to amend the social services law, in relation to information in
  child fatality reports

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

  Section  1.  Paragraphs  (b) and (c) of subdivision 5 of section 20 of
the social services law, as amended by chapter 12 of the laws  of  1996,
are amended to read as follows:
  (b) Such report shall CONTAIN A FACTUAL SECTION WHICH WILL include (i)
the cause of death, whether from natural or other causes, (ii) identifi-
cation  of  child protective or other services provided or actions taken
regarding such child and his or her family, (iii) any  extraordinary  or
pertinent information concerning the circumstances of the child's death,
(iv)  whether  the  child or the child's family had received assistance,
care or services from the social services district prior to such child's
death, AND (v) any action or further  investigation  undertaken  by  the
[department]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES or by the local
social services district since the death of the child[, and (vi)].    IT
SHALL ALSO INCLUDE, as appropriate, A FINDINGS SECTION CONTAINING recom-
mendations for local or state administrative or policy changes.
  Such  report shall contain no information that would identify the name
of the deceased child, his or her siblings, the parent or  other  person
legally  responsible  for  the child or any other members of the child's
household, but shall refer instead to the case, which may be denoted  in
any  fashion  determined appropriate by the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES or a local social services district. In  making
THE  FACTUAL  SECTION  OF  a fatality report available, THE OFFICE SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07444-01-9
              

A. 7970                             2

DETERMINE WHETHER DISCLOSURE OF SUCH FACTUAL SECTION OF  THE  REPORT  to
the  public  pursuant to paragraph (c) of this subdivision[, the depart-
ment may respond to a child specific request  for  such  report  if  the
commissioner determines that such disclosure is not] WILL BE contrary to
the best interests of the deceased child's siblings or other children in
the  household,  pursuant  to  subdivision  five of section four hundred
twenty-two-a of this chapter. Except as it may  apply  directly  to  the
cause  of  the  death  of  the  child, nothing herein shall be deemed to
authorize the release or disclosure to the public of  the  substance  or
content  of  any  psychological,  psychiatric,  therapeutic, clinical or
medical reports, evaluations or like materials or information pertaining
to such child or the child's family.
  (c) No later than six months from the date of the death of such child,
the [department] OFFICE OF CHILDREN AND FAMILY  SERVICES  shall  forward
its report to the social services district, chief county executive offi-
cer,  chairperson  of the local legislative body of the county where the
child's death occurred and the social services district which  had  care
and  custody or custody and guardianship of the child, if different. The
[department] OFFICE OF CHILDREN AND FAMILY  SERVICES  shall  notify  the
temporary  president of the senate and the speaker of the assembly as to
the issuance of such reports and, in addition  to  the  requirements  of
section  seventeen  of  this  chapter, shall submit an annual cumulative
report to the governor and the legislature incorporating the data in the
above reports and including appropriate  findings  and  recommendations.
Such reports concerning the death of a child and such cumulative reports
shall  immediately thereafter be made available to the public after such
forwarding or submittal; PROVIDED, HOWEVER, THAT IF SUCH  OFFICE  DETER-
MINES  THAT DISCLOSURE OF THE FACTUAL SECTION OF A REPORT CONCERNING THE
DEATH OF A CHILD WILL BE CONTRARY TO THE BEST INTERESTS OF THE  DECEASED
CHILD'S  SIBLINGS  OR  OTHER CHILDREN IN THE HOUSEHOLD PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION, THEN ONLY THE  FINDINGS  SECTION  OF  THE
REPORT SHALL BE RELEASED TO THE PUBLIC.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.