senate Bill S131

2009-2010 Legislative Session

Relates to individuals who refuse to participate in an investigation being conducted by child protective services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2010 committee discharged and committed to children and families
Jan 06, 2010 referred to social services, children and families
Jan 16, 2009 referred to children and families
Jan 07, 2009 referred to social services, children and families

S131 - Bill Details

See Assembly Version of this Bill:
A4418
Current Committee:
Senate Children And Families
Law Section:
Social Services Law

S131 - Bill Texts

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BILL NUMBER: S131

TITLE OF BILL :
An act to amend the social services law, in relation to individuals
who refuse to participate in an investigation being conducted by child
protective services


PURPOSE OR GENERAL IDEA OF BILL :
To create a system where a failure to participate (blatantly refusing
to allow an investigator in the home or meet with investigators) in a
child protective investigation would indicate that a more thorough
investigation is needed and would immediately issue a warrant:

SUMMARY OF SPECIFIC PROVISIONS :
Adds a new subsection (e) to section 422-a of the social service law.
Subsection (i) states that if a child protective worker identifies
themselves and is carrying an ID card proving that they are, in fact,
a child protective worker, and the subject of the investigation (i.e.
parent or guardian) blatantly refuses to meet with the worker or let
them into the home, the parent or guardian will have twenty-four hours
to comply with the request for a meeting or a home visit.

Subsection (ii) states that the child protective agency will be
responsible for informing the parent or guardian that the twenty-four
hours have lapsed. If the individual is still refusing to meet with
child protective workers than this should indicate a need for a more
thorough investigation and an immediate warrant will be issued in
order to evaluate the safety and well-being of the child or children.
This action will be taken upon the first blatant refusal of the parent
or guardian. Blatant refusal is defined as verbally refusing a
meeting or refusing to meet with investigators by using physical
force.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
There is currently no action or lack of action that calls for an
immediate warrant for child protective workers to investigate a case
under current law. Presently, if the agency pursues a warrant or not
depends upon the judgment of each individual case worker's opinions on
each individual case.

This bill provides child protective workers with the power and
authority to pursue an immediate warrant if the subject of the
investigation (i.e. parent or guardian) blatantly refuse to
participate in the investigation by refusing to meet with workers or
by refusing a home visit. This would occur upon the first refusal to
participate and would provide an opportunity for child protective
workers to meet with the family in order to evaluate if the
child/children are in imminent danger.

JUSTIFICATION :
After the tragic death of Nixzmary Brown, age 7, who was brutally
tortured and murdered by her stepfather, some sources have indicated
that her stepfather refused to comply with the child protective
worker's request for a meeting with the family within their home.
There was talk of pursuing a warrant, but child protective services
never followed through. It has now become clear that some of the
subjective nature of child protective investigations must be removed.

Defining specific circumstances that would issue an immediate warrant
would eliminate the subjectivity of when a warrant would be issued and
for what behaviors or actions. One specific' circumstance that should
be an indication that an immediate warrant be issued is a parent or
guardian's blatant refusal to meet with a investigator from child
protective services or allow such an investigator into their home.
Meeting with investigators, especially within the family's home,
provides critical information regarding the safety and well-being of
the child or children. These meetings are necessary in helping to keep
children out of harm's way.

LEGISLATIVE HISTORY :
S.2156 of 2007 02/01/07 Referred to Social Services, Children &
Families

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

EFFECTIVE DATE :
This act shall take effect immediately.
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