BILL NUMBER:S6926A

TITLE OF BILL:  An act to amend chapter 329 of the laws of 2009,
amending the family court act and the social services law, relating to
removing special powers granted to the society for the prevention of
cruelty to children, in relation to extending certain provisions
thereof

PURPOSE:

This bill extends the sunset period from 2014 to 2019 which exempts
Erie and Rockland counties from certain provisions repealing special
powers granted to the Society for Prevention of Cruelty to Children
(SPCC).

SUMMARY OF PROVISIONS:

Section 1 amends section 13 of chapter 329 of the laws of 2009 to
extend Erie County's exemption from the following provisions of
chapter 329 of the laws of 2009:

(1) Amends subdivision (i) of section 1012 of the family court act, by
removing SPCCs from the definition as a child protective agency;

(2) Amends subdivision (a) of section 1024 of the family court act, by
removing SPCCs authority to take a child into protective custody;
              

(3) Amends subdivision I of section 1034 of the family court act, by
removing SPCCs authority to conduct child abuse investigations;

(4) Amends paragraph (a) of subdivision I of section 417 of the social
services law, by removing SPCCs authority to take a child into
protective custody;

(5) Amends subdivision 2 of section 386 of the social services law, by
removing SPCCs authority to visit group homes at its discretion;

(6) Amends subdivision 5 of section 372 of the social services law, by
eliminating references to the SPCC;

(11) Removes the SPCC as being considered a duly authorized
association within which children may be placed;

(12) Removes SPCCs authority to investigate reports of child abuse.

Section 1 also amends section 14 of chapter 329 of the laws of 2009 to
continue to authorize officers or agents of an SPCC in Rockland County
to obtain peace officer status and to exempt Erie County from the
provisions above until August 11, 2019.

Section 2 states that this act shall take effect immediately.

JUSTIFICATION:

In 2009, the Senate passed a bill that repealed special powers granted
to the Society for Prevention of Cruelty to Children (SPCC). Erie
County was specifically granted a five year sunset period from certain


provisions in the bill due to its fiscal circumstances. After five
years, Erie County's fiscal circumstances have not improved and it
still relies on this exemption to provide after hours CPS services to
Erie County children and families through a contract arrangement with
Child and Family Services, an SPCC agency. Without this exemption,
after hours CPS services would have to be provided directly from the
Erie County Department of Social Services at an extremely high cost to
the agency. This bill extends the original sunset period for five more
years until August 11, 2019.  Additionally, under the original 2009
bill, Rockland County was also granted a specific exemption to
continue to authorize officers or agents of an SPCC in the county to
obtain peace officer status. This bill extends this exemption to
August 11, 2019 as well.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately.