NY State Senate Bill 2009-S4352

Senate Bill S4352

2009-2010 Legislative Session

Makes provisions relating to the investigation of child abuse and maltreatment in foster family homes

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Apr 22, 2009	referred to children and families

2009-S4352 (ACTIVE) - Details

See Assembly Version of this Bill:: A8004
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§372, 422 & 424-b, Soc Serv L; amd §501, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S3124, A4882

2009-S4352 (ACTIVE) - Summary

Transfers the function of investigating allegations of child abuse or maltreatment of a child being cared for in a foster family home operated or supervised by the division for youth to the local social services district; authorizes the local legislative body of the city of New York to receive information with regard to cases of child abuse in agencies operated under the jurisdiction of the city of New York.

2009-S4352 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4352

 TITLE OF BILL :
An act to amend the social services law and the executive law, in
relation to the investigation of child abuse and maltreatment in
foster family homes


 PURPOSE OR GENERAL IDEA OF BILL :
To transfer the function of investigating the allegations of child
abuse or maltreatment of a child being cared for in a foster family
home operated or supervised by the Office of Children and Family
Services to the local social services district. The bill would also
provide the local legislative body of the City of New York with
similar investigative authority granted to the State Legislature in
child abuse cases, but limited to cases Occurring in city agencies
which are under the jurisdiction of the local legislative body of the
City of New York.

 SUMMARY OF PROVISIONS :
Paragraph A of section 422 of subdivision 4 of the Social Services Law
would be amended to permit the Office of Children and Families
Services to receive records and reports maintained in the Statewide
Central Register of abuse and maltreatment operated in a home operated
or supervised by the Office of Children and Family Services for a
youth who has been alleged to be abused or maltreated while residing

in the home. It also provides for the appropriate committee of the
local legislative body of the City of New York to receive such
information upon request for cases occurring in agencies operated
under the jurisdiction of the City of New York. Section 424-b of the
Social Services Law would be amended to transfer the responsibility
for conducting child abuse investigations at foster family homes
operated or supervised by the Office of Children and Family Services
to the social services district where the home is located.

Subdivision 13 of Section 501 of the Executive Law is amended to
require the Office of Children and Family Services to cooperate with a
social services district's investigation of alleged abuse or
maltreatment of a child in a home operated or supervised by the Office
of Children and Family Services, to make available to the Department
of Social Services and local social services districts records and
reports relevant to such investigation, to consider the recommendation
of the local district and to take corrective action.  Subdivision 4 of
section 372 of the Social Services Law would be amended to authorize
the local legislative body of the City of New York to receive
information pursuant to this section with regard to cases of child
abuse in agencies operated under the jurisdiction of the City of New
York.

 JUSTIFICATION :
The Office of Children and Family Services operates or supervises
foster "family homes for youth placed with the Office of Children and
Family Services and supervises foster family homes operated as
detention facilities and as approved runaway and homeless youth
facilities. These facilities are located throughout the state. The
Child Abuse Prevention Act requires the Office of Children and Family
Services to conduct investigations wherever there is a report of abuse
or maltreatment involving a child being cared for in a home operated
or supervised by the Office of Children and Family Services.  Although
the number of reported cases is very small, the Office of Children and
Family Services generally would have to send an investigator from
Central Office or one of the Office of Children and Family Service's
field offices to the foster family home to conduct the investigation.
This unduly delays the prompt action that is necessary for a thorough
and effective response. Social Services offices are locally situated,
therefore their ability to respond to such allegations is expedited.
Additionally, the Office of Children and Family Services has no
special staff to conduct such investigations. Presently, the Office of
Children and Family Services must train employees to conduct child
abuse investigations in addition to their normal job duties. The local
handling of these matters is not burdensome. There are less than ten
investigations conducted statewide by the Office of Children and
Family Services per year. This burden is clearly outweighed by the
need to immediately respond and take appropriate action in child abuse
cases. This bill also provides statutory safeguards which are included
to insure cooperation between the Office of Children and Family
Services and social services districts, appropriate access to records
and reports and to facilitate appropriate corrective action.  Finally,
by providing the local legislative body of the City of New York with
investigative authority over City child care agencies similar to the
State Legislature's investigative authority in this area, this bill
would provide the City Council with the means necessary to carry out
its charter-mandated, legislative oversight of these agencies.

 PRIOR LEGISLATIVE HISTORY :
Under current law, the Office of Children and Family Services is
responsible for conducting child abuse investigations in the foster
family homes it operates or supervises. On October 12, 1986, pursuant
to the "Child Abuse Prevention Act of 1985", the State Department of
Social Services became responsible for conducting such investigations
in all residential facilities except foster family homes. The Office
of Children and Family Services remained responsible for investigating
allegations of child abuse or maltreatment in the foster family homes
it operates or supervises. However, the social services district
performs investigations in those foster family homes in its district
operated or supervised by authorized agencies.

1995/96 - A.561 1997/98 - A.5687 1999/00 - A.4338 2001/02 - A.783
2003/04 - A.464

 FISCAL IMPLICATIONS :
There will be some cost savings to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4352 (ACTIVE) - Bill Text download pdf

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

                                  4352

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social  services  law  and  the  executive  law,  in
  relation  to  the  investigation  of  child  abuse and maltreatment in
  foster family homes

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

  Section 1. Clause (i) of subparagraph (v) of paragraph (A) of subdivi-
sion 4 of section 422 of the social services law, as added by chapter 12
of the laws of 1996, is amended and a new subparagraph (a-1) is added to
read as follows:
  (i)  officers  and  employees  of the state comptroller or of the city
comptroller of the city of New York, or of the county officer designated
by law or charter to perform the auditing function  in  any  county  not
wholly  contained  within  a  city,  for  purposes  of a duly authorized
performance audit, provided that such comptroller shall  have  certified
to  the  keeper of such records that he or she has instituted procedures
developed in consultation with the [department] OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  to  limit access to client-identifiable information to
persons requiring such information for purposes of the  audit  and  that
appropriate  controls  and prohibitions are imposed on the dissemination
of client-identifiable information  contained  in  the  conduct  of  the
audit. Information pertaining to the substance or content of any psycho-
logical,  psychiatric,  therapeutic, clinical or medical reports, evalu-
ations or like materials or information pertaining to such child or  the
child's  family shall not be made available to such officers and employ-
ees unless disclosure of such information is absolutely essential to the
specific audit activity and the  [department]  OFFICE  OF  CHILDREN  AND
FAMILY SERVICES gives prior written approval.
  (A-1)  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES IN RELATION TO A
REPORT INVOLVING A CHILD IN A HOME OPERATED OR SUPERVISED BY THE OFFICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01260-01-9

S. 4352                             2

  S 2. Section 424-b of the social services law, as amended  by  chapter
323 of the laws of 2008, is amended to read as follows:
  S  424-b. Children in the care of certain public and private agencies.
Notwithstanding any inconsistent provisions of law,  when  a  report  of
child  abuse  or maltreatment involves a child being cared for in a home
operated or supervised by an authorized agency, the office  of  children
and  family  services, or an office of the department of mental hygiene,
such report shall be accepted and maintained by the office  of  children
and family services and shall be referred for the purposes of conducting
an  investigation to the appropriate staff within the office of children
and family services or the  appropriate  office  of  the  department  of
mental hygiene, where the child is in the care of such agency; and where
the  child  is in a home operated or supervised by an authorized agency,
to the social services district wherein such home is located. The agency
or social services district receiving such referral shall  undertake  an
appropriate  investigation  of  the report, in accordance with the terms
and conditions set forth in subdivisions one through  eight  of  section
four  hundred  twenty-four-c of this title. Any person who is alleged to
have abused or maltreated a child in  a  report  accepted  and  referred
pursuant  to  this  section  shall be accorded the procedural rights set
forth in section four hundred  twenty-two  and  in  subdivision  six  of
section four hundred twenty-four of this title. [Nothing in this section
shall  impose any duty or responsibility on any child protective service
pursuant to section four hundred twenty-two, four hundred twenty-four or
any other provision of this article.]
  S 3. Subdivision 13 of section 501 of the executive law, as amended by
chapter 32 of the laws of 1992 and as renumbered by chapter 465  of  the
laws of 1992, is amended to read as follows:
  13. To cooperate with the state department of [social services] FAMILY
ASSISTANCE  and  other  departments, divisions and agencies of the state
AND, IN THE CASE OF CHILDREN RESIDING IN HOMES OPERATED OR SUPERVISED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES, A SOCIAL SERVICES  DISTRICT,
when  a  report  is received pursuant to title six of article six of the
social services law to protect the health  and  safety  of  children  in
residential  facilities or programs[. Such] OR A HOME OPERATED OR SUPER-
VISED BY THE OFFICE.   NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE
CONTRARY,  SUCH  cooperation  shall  include:  the  making of reports of
alleged child abuse and maltreatment, providing necessary assistance  to
the  state department of [social services] FAMILY ASSISTANCE OR A SOCIAL
SERVICES DISTRICT in the department's OR DISTRICT'S investigation there-
of, MAKING AVAILABLE TO THE  OFFICE  OR  DISTRICT  RECORDS  AND  REPORTS
INCLUDING,  BUT  NOT  LIMITED  TO,  THE  CASE  RECORDS  OF THE CHILD WHO
ALLEGEDLY WAS ABUSED OR MALTREATED AND ANY  OTHER  CHILD  WHO  ALLEGEDLY
WITNESSED THE ABUSE OR MALTREATMENT, CONSISTENT WITH APPROPRIATE COLLEC-
TIVE  BARGAINING  AGREEMENTS  AND  APPLICABLE  PROVISIONS  OF  THE CIVIL
SERVICE LAW, THOSE PORTIONS OF THE EMPLOYMENT RECORDS OF THE SUBJECT  OF
THE REPORT CONSIDERED TO BE RELEVANT AND REASONABLY RELATED TO THE ALLE-
GATIONS BEING INVESTIGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
AND  IN THE CASE OF AN ALLEGATION OF ABUSE OR MALTREATMENT OF A CHILD IN
A HOME OPERATED OR SUPERVISED BY THE OFFICE, ANY CERTIFICATION  OR  HOME
RECORD  RELEVANT  TO  SUCH INVESTIGATION and considering the recommenda-
tions of the [state department of social services]  OFFICE  OF  CHILDREN
AND  FAMILY SERVICES OR SOCIAL SERVICES DISTRICT for appropriate preven-
tive and remedial action, including legal actions, and provide or direct
the residential facility to provide such written reports thereon to  the
[department  of  social services] OFFICE OF CHILDREN AND FAMILY SERVICES

S. 4352                             3

as to the implementation of plans of prevention and remediation approved
by the [division] OFFICE OF CHILDREN AND  FAMILY  SERVICES  pursuant  to
title six of article six of the social services law. THE OFFICE OF CHIL-
DREN  AND  FAMILY  SERVICES  SHALL TAKE ANY ACTION THEREON THAT IT DEEMS
APPROPRIATE.
  S 4. Paragraph (A) of subdivision 4  of  section  422  of  the  social
services  law  is  amended by adding a new subparagraph (g-1) to read as
follows:
  (G-1) ANY APPROPRIATE COMMITTEE OF THE COUNCIL OF THE CITY OF NEW YORK
RESPONSIBLE FOR CHILD PROTECTIVE  LEGISLATION,  PROVIDED  HOWEVER,  SUCH
REPORTS  SHALL  BE  MADE  AVAILABLE ONLY PURSUANT TO AN OFFICIAL WRITTEN
REQUEST BY THE CHAIR OF SUCH COMMITTEE OR COMMITTEES, AND SUCH  REQUESTS
SHALL  BE  LIMITED  TO  CASES  OCCURRING WITHIN INSTITUTIONS OPERATED BY
AGENCIES UNDER THE JURISDICTION OF THE CITY OF NEW YORK;
  S 5. Paragraph (a) of subdivision 4  of  section  372  of  the  social
services  law,  as  amended  by  chapter 451 of the laws of 1992, and as
designated by chapter 12 of the laws of 1996,  is  amended  to  read  as
follows:
  (a)  All  such  records relating to such children shall be open to the
inspection of the board and the  [department]  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  at any reasonable time, and the information called for
under this section and such  other  data  as  may  be  required  by  the
[department]  OFFICE  shall  be  reported to the [department] OFFICE, in
accordance with the  regulations  of  the  [department]  OFFICE.    Such
records kept by the [department] OFFICE shall be deemed confidential and
shall be safeguarded from coming to the knowledge of and from inspection
or  examination by any person other than AN APPROPRIATE COMMITTEE OF THE
COUNCIL OF THE CITY OF NEW YORK RESPONSIBLE FOR CHILD PROTECTIVE  LEGIS-
LATION,  PROVIDED  HOWEVER,  SUCH  REPORTS  SHALL BE MADE AVAILABLE ONLY
PURSUANT TO AN OFFICIAL WRITTEN REQUEST BY THE CHAIR OF  SUCH  COMMITTEE
OR  COMMITTEES,  AND  SUCH  REQUESTS SHALL BE LIMITED TO CASES OCCURRING
WITHIN INSTITUTIONS OPERATED BY AGENCIES UNDER THE JURISDICTION  OF  THE
CITY  OF  NEW  YORK; OR one authorized, by the [department] OFFICE, by a
judge of the court of claims when such  records  are  required  for  the
trial  of  a  claim or other proceeding in such court or by a justice of
the supreme court, or by a judge of the family court when  such  records
are required for the trial of a proceeding in such court, after a notice
to all interested persons and a hearing, to receive such knowledge or to
make such inspection or examination.  No person shall divulge the infor-
mation  thus obtained without authorization so to do by the [department]
OFFICE, or by such judge or justice.
  S 6. This act shall take effect immediately.

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