S T A T E   O F   N E W   Y O R K
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                                  8004

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by  M.  of  A.  COOK,  CHRISTENSEN, JOHN, P. RIVERA, ALFANO,
  SCHROEDER -- Multi-Sponsored by -- M. of  A.  AUBRY,  BOYLAND,  CLARK,
  GOTTFRIED,  HOOPER,  MOLINARO,  PEOPLES,  PHEFFER,  REILLY, N. RIVERA,
  TITUS, WRIGHT -- read once and referred 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

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

              

A. 8004                             2

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.
  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

A. 8004                             3

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
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.