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Assembly Bill A5340

2009-2010 Legislative Session

Establishes certain procedures for determining whether a report of child abuse or maltreatment is indicated or unfounded

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Archive: Last Bill Status - In Assembly Committee

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2009-A5340 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง424, Soc Serv L

2009-A5340 (ACTIVE) - Summary

Requires that in determining whether a report of child abuse or maltreatment is indicated or unfounded, a hearing shall be held to make such determination; provides that burden of proof at such hearing be on the child protective service; if no credible evidence of abuse or maltreatment is presented at the hearing, the report shall be deemed unfounded.

2009-A5340 (ACTIVE) - Bill Text download pdf 

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

                                  5340

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A. ERRIGO, BARCLAY, CROUCH, McDONOUGH, McKEVITT,
  TOBACCO, WALKER, FINCH -- read once and referred to the  Committee  on
  Children and Families

AN  ACT  to amend the social services law, in relation to the procedures
  for determining whether a report of child  abuse  or  maltreatment  is
  indicated or unfounded

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

  Section 1.  Subdivision 7 of section 424 of the social  services  law,
as  amended  by  chapter  164 of the laws of 1991, is amended to read as
follows:
  7. determine, within sixty days, whether the report is "indicated"  or
"unfounded":
  (A)  IF  SOME  CREDIBLE  EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT
EXISTS AND THE SUBJECT OF THE REPORT  IS  A  PARENT,  SUCH  SUBJECT  MAY
REQUEST  THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SCHEDULE A FAIR
HEARING PRIOR TO THE ISSUING OF  A  DETERMINATION  THAT  THE  REPORT  IS
"INDICATED" BY THE CHILD PROTECTIVE SERVICE;
  (B)  NOTICE  OF  THE  SCHEDULED  HEARING DATE SHALL BE PROVIDED TO THE
SUBJECT, THE STATEWIDE REGISTER, AND THE CHILD PROTECTIVE SERVICE;
  (C) THE BURDEN OF PROOF SHALL BE ON THE CHILD PROTECTIVE SERVICE;
  (D) IF IT IS DETERMINED AT THE FAIR HEARING THAT THERE IS NO  CREDIBLE
EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT COMMITTED AN ACT OR ACTS
OF  CHILD ABUSE OR MALTREATMENT, THE CHILD PROTECTIVE SERVICE SHALL DEEM
THE REPORT "UNFOUNDED";
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05853-01-9

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