Senate Bill S7128

2013-2014 Legislative Session

Establishes civil penalties for knowingly making a false report of suspected child abuse or mistreatment and creates procedures for determining whether such a violation has occurred

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2013-S7128 (ACTIVE) - Details

See Assembly Version of this Bill:
A9436
Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2121, A3025
2017-2018: S2987, A2355
2019-2020: S1542

2013-S7128 (ACTIVE) - Summary

Establishes civil penalties for knowingly making a false report of suspected child abuse or mistreatment and creates procedures for determining whether such a violation has occurred.

2013-S7128 (ACTIVE) - Sponsor Memo

2013-S7128 (ACTIVE) - Bill Text download pdf

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

    S. 7128                                                  A. 9436

                      S E N A T E - A S S E M B L Y

                             April 30, 2014
                               ___________

IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families

IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
  referred to the Committee on Children and Families

AN  ACT  to  amend the social services law, in relation to false allega-
  tions of suspected child abuse and maltreatment

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

  Section 1. Section 422 of the social services law is amended by adding
a new subdivision 15 to read as follows:
  15.  (A)  IN  ADDITION TO CRIMINAL PENALTIES AUTHORIZED BY ARTICLE TWO
HUNDRED FORTY OF THE PENAL  LAW,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  OR LOCAL CHILD PROTECTIVE SERVICES ACTING THROUGH ITS COMMIS-
SIONER, MAY SEEK A CIVIL PENALTY AGAINST  ANY  PERSON  WHO  BY  WORD  OR
ACTION  KNOWINGLY  OR  WILLFULLY MAKES A REPORT TO THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT OR MAKES A REPORT TO ANY PERSON
REQUIRED TO REPORT SUSPECTED CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO
SECTION  FOUR  HUNDRED THIRTEEN OF THIS TITLE KNOWING THAT THE PERSON IS
REQUIRED TO REPORT SUCH CASE, OF AN ALLEGED OCCURRENCE OF CHILD ABUSE OR
MALTREATMENT WHICH SAID PERSON KNEW DID NOT IN FACT OCCUR OR EXIST.
  (B) THE MAXIMUM CIVIL PENALTY SHALL BE FIVE THOUSAND DOLLARS  FOR  THE
FIRST  OCCURRENCE  AND  TEN  THOUSAND DOLLARS FOR EACH SUBSEQUENT OCCUR-
RENCE. EACH FALSE REPORT CONSTITUTES A SEPARATE VIOLATION.
  (C) IF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  LOCAL  CHILD
PROTECTIVE  SERVICES  ALLEGES THAT A PERSON HAS MADE A FALSE REPORT WITH
THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE  AND  MALTREATMENT,  THE
OFFICE OR SERVICE MUST NOTIFY SUCH PERSON THAT A HEARING WILL BE HELD TO
DETERMINE  IF  A  VIOLATION  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION HAS
OCCURRED. THE PERSON SHALL BE GIVEN A FULL STATEMENT OF THE  ALLEGATIONS
AGAINST  HIM  OR HER, A NOTICE THAT A HEARING WILL BE HELD IN FRONT OF A
NEUTRAL FACT FINDER WHO SHALL BE APPOINTED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE LOCAL CHILD PROTECTIVE SERVICES, THAT THEY HAVE A

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.