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

                                 4629--A
                                                        Cal. No. 286

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN, JOHN, LANCMAN, SWEENEY, N. RIVERA --
  Multi-Sponsored by -- M. of A. AUBRY, BRENNAN,  BRODSKY,  CHRISTENSEN,
  CLARK, CYMBROWITZ, DESTITO, DINOWITZ, GALEF, GLICK, GOTTFRIED, GREENE,
  JAFFEE,  LUPARDO, MAGNARELLI, McENENY, ORTIZ, PAULIN, J. RIVERA, WEIS-
  ENBERG -- read once and referred  to  the  Committee  on  Governmental
  Operations  --  reported  from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to  amend  the executive law, in relation to requisite training
  instruction for police officers for crimes involving sexual  assaults;
  and  to  amend  the  social  services law, in relation to training for
  child protective services workers in certain instances

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

  Section 1. Section 840 of the executive law is amended by adding a new
subdivision 4 to read as follows:
  4.  THE  COUNCIL  SHALL  PROMULGATE  RULES AND REGULATIONS REQUIRING A
MINIMUM OF FIFTEEN HOURS OF TRAINING  AND  INSTRUCTION  FOR  ALL  POLICE
OFFICERS  WITH RESPECT TO CRIMES INVOLVING SEXUAL ASSAULT. SUCH TRAINING
AND INSTRUCTION, WHICH SHALL BE DESIGNED AND PRESENTED  IN  CONSULTATION
WITH  THE  RAPE  CRISIS CENTERS EXPERIENCED IN ASSISTING VICTIMS IN THIS
STATE, SHALL INCLUDE, BUT NOT BE LIMITED TO UNDERSTANDING RAPE AND SEXU-
AL ABUSE TRAUMA  AND  PSYCHOLOGICAL  ISSUES  CONFRONTED  BY  SUCH  CRIME
VICTIMS,  COMMON  ATTRIBUTES  OF OFFENDERS, FAIR TREATMENT STANDARDS FOR
CRIME VICTIMS PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER, EVIDENCE
GATHERING AND PRESERVATION ISSUES, INTERVIEW TECHNIQUES AND  INFORMATION
CONCERNING  THE  AVAILABILITY  OF LOCAL SERVICES FOR THE VICTIMS OF SUCH
CRIMES.  ALL NEW OFFICERS SHALL RECEIVE SUCH TRAINING  AND  INSTRUCTION,
AS PART OF THE BASIC CURRICULUM AT THE STATE POLICE ACADEMY OR AT MUNIC-
IPAL POLICE ACADEMIES, AS APPLICABLE. ALL OTHER POLICE OFFICERS SHALL BE
REQUIRED  TO  COMPLETE SUCH TRAINING AND INSTRUCTION WITHIN TWO YEARS OF

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

                                                           LBD06408-04-9

A. 4629--A                          2

THE EFFECTIVE DATE  OF  THIS  SUBDIVISION.  ALL  POLICE  OFFICERS  SHALL
COMPLETE  PERIODIC RETRAINING EVERY TWO YEARS. THE COUNCIL SHALL PROMUL-
GATE SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY CONCERNING PERIOD-
IC  RETRAINING  OF  POLICE  OFFICERS  REGARDING  CRIMES INVOLVING SEXUAL
ASSAULT.
  S 2.  The section heading and opening paragraph of section 421 of  the
social  services law, as amended by chapter 718 of the laws of 1986, are
amended to read as follows:
  Responsibility of the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.    The  [department]  OFFICE  OF  CHILDREN AND FAMILY SERVICES
shall:
  S 3. The opening and closing paragraphs of subdivision  3  of  section
421  of  the  social  services  law, the opening paragraph as amended by
chapter 718 of the laws of 1986 and the closing paragraph as amended  by
chapter 320 of the laws of 1990, are amended to read as follows:
  promulgate  regulations setting forth requirements for the performance
by local social services departments of the duties  and  powers  imposed
and  conferred  upon them by the provisions of this title and of article
ten of the family court act. Such regulations  shall  establish  uniform
requirements  for  the  investigation  of  reports  of  child  abuse  or
maltreatment under this title. The [department] OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  shall  also issue guidelines which shall set forth the
circumstances or conditions under which:
  The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall  promul-
gate  regulations to establish STANDARDS FOR THE DEVELOPMENT OF A TRAIN-
ING CURRICULUM FOR  CHILD  PROTECTIVE  SERVICES  WORKERS  WHICH  TEACHES
APPROPRIATE  INVESTIGATORY  TECHNIQUES  FOR  REPORTS OF SEXUAL ABUSE AND
MANDATES ON-GOING TRAINING FOR CHILD PROTECTIVE SERVICES WORKERS, stand-
ards for intervention, criteria for case closings, criteria  for  deter-
mining  whether  or  not  to initiate a child protective proceeding, and
criteria for the formulation of treatment plans and for the delivery  of
child  protective services including specification of the services to be
classified as child protective services, which shall also apply  to  any
society for the prevention of cruelty to children which has entered into
a currently valid contract with a local department of social services to
investigate child abuse or maltreatment reports. The [department] OFFICE
OF  CHILDREN AND FAMILY SERVICES shall promulgate regulations establish-
ing minimum standards and practices for the delivery of child protective
services in connection with monitoring and supervising  respondents  and
their  families  as  ordered  by  a family court pursuant to section ten
hundred thirty-nine and paragraphs (i), (iii), (iv) and (v) of  subdivi-
sion  (a) of section ten hundred fifty-two of the family court act. Such
regulations shall also require local child protective services to comply
with notification requirements of the family  court  act  in  connection
with such monitoring and supervisory responsibilities.
  S  4.  Paragraph  (b)  of  subdivision  5 of section 421 of the social
services law, as amended by chapter 525 of the laws of 2006, is  amended
to read as follows:
  (b)  promulgate  regulations setting forth training requirements which
shall specify, among other things, that all persons  hired  by  a  child
protective  service on or after April first, nineteen hundred eighty-six
shall have satisfactorily completed a course approved  by  the  [depart-
ment]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES within the first three
months of employment, in the  fundamentals  of  child  protection.  Such
course shall include at least basic training in the principles and tech-
niques  of  investigations,  including relationships with other investi-

A. 4629--A                          3

gative bodies, legal issues in child protection, and methods of  remedi-
ation,  diagnosis, treatment and prevention. Such regulations shall also
specify that all persons employed by a child protective  service  on  or
after December first, two thousand six shall satisfactorily complete six
hours  of  annual in service training, beginning in their second year of
employment. Such annual in service training shall include,  but  is  not
limited to, review of the protocols for identification and investigation
of  child  abuse  and maltreatment, any developments in legal, treatment
and prevention issues in child protection, and review  and  analysis  of
field experiences of child protective services workers.
  S  5.  Subdivision  7  of  section  421 of the social services law, as
amended by chapter 718 of the laws  of  1986,  is  amended  to  read  as
follows:
  7.  take all reasonable and necessary actions to assure that the local
departments of social services are kept apprised on a current  basis  of
the  laws,  regulations and policies of the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES concerning child abuse and maltreatment.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

                                 4629--B
                                                        Cal. No. 286

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN, JOHN, LANCMAN, SWEENEY, N. RIVERA --
  Multi-Sponsored by -- M. of A. AUBRY, BRENNAN,  BRODSKY,  CHRISTENSEN,
  CLARK, CYMBROWITZ, DESTITO, DINOWITZ, GALEF, GLICK, GOTTFRIED, GREENE,
  JAFFEE,  LUPARDO, MAGNARELLI, McENENY, ORTIZ, PAULIN, J. RIVERA, WEIS-
  ENBERG -- read once and referred  to  the  Committee  on  Governmental
  Operations  --  reported  from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third  reading  --  again amended on third reading, ordered reprinted,
  retaining its place on the order of third reading

AN ACT to amend the executive law, in  relation  to  requisite  training
  instruction  for police officers for crimes involving sexual assaults;
  and to amend the social services law,  in  relation  to  training  for
  child protective services workers in certain instances

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

  Section 1. Section 840 of the executive law is amended by adding a new
subdivision 4 to read as follows:
  4. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS REQUIRING TRAIN-
ING AND INSTRUCTION FOR ALL  POLICE  OFFICERS  WITH  RESPECT  TO  CRIMES
INVOLVING  SEXUAL ASSAULT. SUCH TRAINING AND INSTRUCTION, WHICH SHALL BE
DESIGNED AND PRESENTED IN CONSULTATION  WITH  THE  RAPE  CRISIS  CENTERS
EXPERIENCED  IN  ASSISTING VICTIMS IN THIS STATE, SHALL INCLUDE, BUT NOT
BE LIMITED TO UNDERSTANDING RAPE AND SEXUAL ABUSE TRAUMA AND  PSYCHOLOG-
ICAL  ISSUES  CONFRONTED  BY  SUCH  CRIME  VICTIMS, COMMON ATTRIBUTES OF
OFFENDERS, FAIR TREATMENT STANDARDS FOR CRIME VICTIMS PURSUANT TO  ARTI-
CLE  TWENTY-THREE  OF  THIS CHAPTER, EVIDENCE GATHERING AND PRESERVATION
ISSUES, INTERVIEW TECHNIQUES AND INFORMATION CONCERNING THE AVAILABILITY
OF LOCAL SERVICES FOR THE VICTIMS OF SUCH  CRIMES.    ALL  NEW  OFFICERS
SHALL  RECEIVE  SUCH  TRAINING  AND  INSTRUCTION,  AS  PART OF THE BASIC
CURRICULUM AT THE STATE POLICE ACADEMY OR AT MUNICIPAL POLICE ACADEMIES,
AS APPLICABLE. THE COUNCIL SHALL PROMULGATE SUCH RULES  AND  REGULATIONS

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

                                                           LBD06408-05-9

A. 4629--B                          2

AS  IT DEEMS NECESSARY CONCERNING PERIODIC RETRAINING OF POLICE OFFICERS
REGARDING CRIMES INVOLVING SEXUAL ASSAULT.
  S  2.  The section heading and opening paragraph of section 421 of the
social services law, as amended by chapter 718 of the laws of 1986,  are
amended to read as follows:
  Responsibility  of  the  [department]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES.   The [department] OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
shall:
  S  3.  The  opening and closing paragraphs of subdivision 3 of section
421 of the social services law, the  opening  paragraph  as  amended  by
chapter  718 of the laws of 1986 and the closing paragraph as amended by
chapter 320 of the laws of 1990, are amended to read as follows:
  promulgate regulations setting forth requirements for the  performance
by  local  social  services departments of the duties and powers imposed
and conferred upon them by the provisions of this title and  of  article
ten  of  the  family court act. Such regulations shall establish uniform
requirements  for  the  investigation  of  reports  of  child  abuse  or
maltreatment  under  this title. The [department] OFFICE OF CHILDREN AND
FAMILY SERVICES shall also issue guidelines which shall  set  forth  the
circumstances or conditions under which:
  The  [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall promul-
gate regulations to establish STANDARDS FOR THE DEVELOPMENT OF A  TRAIN-
ING  CURRICULUM  FOR  CHILD  PROTECTIVE  SERVICES  WORKERS WHICH TEACHES
APPROPRIATE INVESTIGATORY TECHNIQUES FOR REPORTS  OF  SEXUAL  ABUSE  AND
MANDATES ON-GOING TRAINING FOR CHILD PROTECTIVE SERVICES WORKERS, stand-
ards  for  intervention, criteria for case closings, criteria for deter-
mining whether or not to initiate a  child  protective  proceeding,  and
criteria  for the formulation of treatment plans and for the delivery of
child protective services including specification of the services to  be
classified  as  child protective services, which shall also apply to any
society for the prevention of cruelty to children which has entered into
a currently valid contract with a local department of social services to
investigate child abuse or maltreatment reports. The [department] OFFICE
OF CHILDREN AND FAMILY SERVICES shall promulgate regulations  establish-
ing minimum standards and practices for the delivery of child protective
services  in  connection with monitoring and supervising respondents and
their families as ordered by a family  court  pursuant  to  section  ten
hundred  thirty-nine and paragraphs (i), (iii), (iv) and (v) of subdivi-
sion (a) of section ten hundred fifty-two of the family court act.  Such
regulations shall also require local child protective services to comply
with  notification  requirements  of  the family court act in connection
with such monitoring and supervisory responsibilities.
  S 4. Paragraph (b) of subdivision 5  of  section  421  of  the  social
services  law, as amended by chapter 525 of the laws of 2006, is amended
to read as follows:
  (b) promulgate regulations setting forth training  requirements  which
shall  specify,  among  other  things, that all persons hired by a child
protective service on or after April first, nineteen hundred  eighty-six
shall  have  satisfactorily  completed a course approved by the [depart-
ment] OFFICE OF CHILDREN AND FAMILY  SERVICES  within  the  first  three
months  of  employment,  in  the  fundamentals of child protection. Such
course shall include at least basic training in the principles and tech-
niques of investigations, including relationships  with  other  investi-
gative  bodies, legal issues in child protection, and methods of remedi-
ation, diagnosis, treatment and prevention. Such regulations shall  also
specify  that  all  persons employed by a child protective service on or

A. 4629--B                          3

after December first, two thousand six shall satisfactorily complete six
hours of annual in service training, beginning in their second  year  of
employment.  Such  annual  in service training shall include, but is not
limited to, review of the protocols for identification and investigation
of  child  abuse  and maltreatment, any developments in legal, treatment
and prevention issues in child protection, and review  and  analysis  of
field experiences of child protective services workers.
  S  5.  Subdivision  7  of  section  421 of the social services law, as
amended by chapter 718 of the laws  of  1986,  is  amended  to  read  as
follows:
  7.  take all reasonable and necessary actions to assure that the local
departments of social services are kept apprised on a current  basis  of
the  laws,  regulations and policies of the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES concerning child abuse and maltreatment.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.