S T A T E O F N E W Y O R K
________________________________________________________________________
5008
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. V. LOPEZ, BARRA -- Multi-Sponsored by -- M. of A.
ALFANO -- read once and referred to the Committee on Children and
Families
AN ACT to amend the social services law, in relation to the conduct of
child protective investigations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 424 of the social services law is amended by adding
a new subdivision 6-c to read as follows:
6-C. UPON CONDUCTING AN EVALUATION AND INVESTIGATION PURSUANT TO
SUBDIVISION SIX OF THIS SECTION, ADHERE TO THE FOLLOWING SPECIAL PROCE-
DURES:
(A) UPON INITIAL CONTACT WITH THE PARENT OR OTHER PERSON LEGALLY
RESPONSIBLE FOR THE CHILD, A CHILD PROTECTIVE SERVICE CASEWORKER SHALL
IMMEDIATELY IDENTIFY HIMSELF OR HERSELF TO SUCH PARENT OR LEGALLY
RESPONSIBLE PERSON AS A CHILD PROTECTIVE SERVICE CASEWORKER. SUCH CASE-
WORKER SHALL: (I) FULLY APPRISE SUCH PARENTS OR PERSON OF ALL ALLEGA-
TIONS OF ABUSE OR MALTREATMENT OF WHICH THE CASEWORKER IS AWARE; (II)
INFORM SUCH PARENT OR PERSON THAT HE OR SHE IS NOT OBLIGATED TO COOPER-
ATE WITH THE INVESTIGATION AND THAT THE INVESTIGATION IS CIVIL AND NOT
CRIMINAL IN NATURE; AND (III) ASK SUCH PARENT OR PERSON TO ADDRESS EACH
ALLEGATION OF ABUSE OR MALTREATMENT. THE CASEWORKER SHALL ALSO REQUEST
SUCH PARENT'S OR PERSON'S CONSENT TO SPEAK WITH THE CHILD. IF SUCH
CONSENT IS REFUSED OR SUCH PARENT OR PERSON OTHERWISE REFUSES TO COOPER-
ATE WITH THE INVESTIGATION, THE CASEWORKER SHALL INFORM SUCH PARENT OR
PERSON THAT FAILURE TO COOPERATE MAY RESULT IN THE CHILD PROTECTIVE
SERVICE SEEKING TO COMPEL COOPERATION THROUGH AN ORDER OF THE FAMILY
COURT. THE CASEWORKER SHALL ALSO INFORM SUCH PARENT OR PERSON THAT THE
CHILD MAY NOT BE REMOVED FROM THE HOME SOLELY ON THE BASIS OF SUCH
REFUSAL TO COOPERATE WITH THE INVESTIGATION. WHENEVER POSSIBLE, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08341-01-9
A. 5008 2
CASEWORKER SHALL MAKE AND PRESERVE AN AUDIOTAPE RECORDING OF ANY CONVER-
SATION WITH THE PARENT OR PERSON.
(B) WHEN ARRANGING A MEDICAL EXAMINATION OF A CHILD, A CHILD PROTEC-
TIVE SERVICE CASEWORKER SHALL ARRANGE FOR SUCH EXAMINATION TO BE UNDER-
TAKEN PREFERABLY BY THE CHILD'S OWN PHYSICIAN AND WITH THE CHILD'S
PARENTS PRESENT AT THE LOCATION AND, WHERE APPROPRIATE, IN THE EXAMINING
ROOM.
(C) WHEN INTERVIEWING THE CHILD, THE CASEWORKER SHALL, WHENEVER POSSI-
BLE, MAKE AND PRESERVE AN AUDIO TAPE RECORDING OF THE INTERVIEW, AND
INTERVIEW THE CHILD IN A NON-ACCUSATORY, NON-COERCIVE MANNER. SUCH
INTERVIEW BY THE CASEWORKER SHALL BE CONDUCTED IN AS NEUTRAL A MANNER AS
POSSIBLE SO AS TO AVOID THE SUGGESTION OF FACTS OR CONCLUSIONS NOT
OFFERED BY THE CHILD. THE CASEWORKER SHALL ADVISE THE CHILD, IF OF
SUFFICIENT AGE, OF THE RIGHT TO REFUSE TO ANSWER QUESTIONS OR TO OTHER-
WISE COOPERATE IN THE INVESTIGATION; AND NOT INTIMIDATE OR OTHERWISE
COERCE THE CHILD TO COOPERATE IN THE INVESTIGATION, AFTER THE CHILD HAS
DEMONSTRATED A CLEAR DESIRE NOT TO SO COOPERATE, UNLESS THE CHILD BEING
INTERVIEWED IS IN IMMEDIATE NEED OF MEDICAL ATTENTION OR IS AT IMMINENT
RISK OF ABUSE OR MALTREATMENT;
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.