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

                                  1518

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation to report protocol,
  and to amend chapter 544 of the laws  of  2014,  amending  the  social
  services  law relating to requiring written comments to be included in
  reports by local social services districts on  the  death  of  certain
  children, in relation to the effectiveness thereof

  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 544 of the laws of 2014,
are amended to read as follows:
  (b) Such report shall include (i) the cause  of  death,  whether  from
natural  or  other  causes,  (ii)  identification 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, (v) any action or further
investigation undertaken by  the  department  or  by  the  local  social
services  district  since  the  death of the child, (vi) as appropriate,
recommendations for local or state administrative or policy changes, and
(vii) written comments as may be provided by any local  social  services
district  referenced  in  such report, TO THE EXTENT THAT SUCH COMMENTS:
(A) PROTECT THE CONFIDENTIALITY AND PRIVACY OF THE DECEASED  CHILD,  HIS
OR HER SIBLINGS, THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH
CHILD, ANY OTHER MEMBERS OF SUCH CHILD'S HOUSEHOLD AND THE SOURCE OF ANY
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT, AND (B) ARE RELEVANT TO
THE  FATALITY  REPORTED AND PERTAIN TO ANY OF THE PROVISIONS OF SUBPARA-
GRAPH (I), (II), (III), (IV), (V) OR (VI) OF  THIS  PARAGRAPH,  PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07382-01-5

              

S. 1518                             2

THAT  ANY  COMMENTS THAT PERTAIN TO SUBPARAGRAPHS (I), (II), (III), (IV)
OR (V) OF THIS PARAGRAPH MUST BE FACTUALLY ACCURATE.
  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 or a local social
services district. In making a fatality report available to  the  public
pursuant  to  paragraph  (c)  of  this  subdivision,  the department may
respond to a child specific request for such report if the  commissioner
determines that such disclosure is not contrary to the best interests of
the deceased child's siblings or other children in the household, pursu-
ant  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  psycholog-
ical, psychiatric, therapeutic, clinical or medical reports, evaluations
or like materials or information pertaining to such child or the child's
family.
  (c)  [Thirty]  TWENTY  days  prior  to  the  release of the report the
department shall forward  the  proposed  report  to  each  local  social
services  district  referenced  in  the report. Within [twenty] TEN days
thereafter, each local social  services  district  may  provide  written
comments  [which the] IN ACCORDANCE WITH SUBPARAGRAPH (VII) OF PARAGRAPH
(B) OF THIS SUBDIVISION  TO  THE  DEPARTMENT  IN  THE  FORM  AND  MANNER
REQUIRED  BY  THE  DEPARTMENT  TO  BE  INCLUDED BY THE department [shall
include] within the report.  No later than six months from the  date  of
the  death of such child, the department shall forward its report to the
social services district, chief county executive officer, 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
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 annu-
al  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.
  S 2. Section 2 of chapter 544 of the laws of 2014, amending the social
services law relating to requiring written comments to  be  included  in
reports by local social services districts on the death of certain chil-
dren, is amended to read as follows:
  S  2.  This  act  shall take effect [immediately] ON THE NINETIETH DAY
AFTER IT SHALL HAVE BECOME A LAW AND SHALL  APPLY  TO  FATALITY  REPORTS
ISSUED ON OR AFTER SUCH DATE.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same date as  chapter  544  of
the  laws  of  2014  took  effect,  provided that the amendments made by
section one of this act shall take effect on the same date  and  in  the
same manner as chapter 544 the laws of 2014, takes effect.