S T A T E   O F   N E W   Y O R K
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                                  5458

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced  by  M. of A. SCARBOROUGH, PEOPLES-STOKES, TITUS -- read once
  and referred to the Committee on Children and Families

AN ACT to amend the social services law, in relation to requiring inves-
  tigating officials of the department of social services or the  office
  of  children  and family services to investigate the homes of children
  and adults about whom reports have been filed and requiring such offi-
  cials to apply for a court order allowing access to the home if two or
  more such reports have been filed regarding such child  or  adult  and
  access  thereto  has  been  denied;  and  to  amend  the penal law, in
  relation to criminalizing the act of denying access to  an  individual
  who is the subject of a report to child or adult protective services

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Laura Cummings Law".
  S  2.  The section heading and opening paragraph of section 421 of the
social services law, as amended by chapter 718 of the laws of 1986,  are
amended to read as follows:
  Responsibility  of  the  [department]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES.   The [department] OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
shall:
  S  3.  Subdivision  3  of  section  421 of the social services law, as
amended by chapter 718 of the laws of 1986, paragraph (a) as amended  by
chapter  110 of the laws of 1989 and the closing paragraph as amended by
chapter 320 of the laws of 1990, is amended to read as follows:
  3. promulgate regulations setting forth requirements for the  perform-
ance  by  local  social  services  departments  of the duties and powers
imposed and conferred upon them by the provisions of this title  and  of
article  ten  of  the family court act. Such regulations shall establish
uniform requirements for the investigation of reports of child abuse  or
maltreatment  under  this title. The [department] OFFICE OF CHILDREN AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08593-04-1
              

A. 5458                             2

FAMILY SERVICES shall also issue guidelines which shall  set  forth  the
circumstances or conditions under which:
  (a)  personal contact shall be made with the child named in the report
and any other children in the  same  household,  including  interviewing
such  child or children absent the subject of the report whenever possi-
ble and appropriate;
  (b) photographs of visible physical injuries or trauma of children who
may be the victims of abuse or maltreatment shall be taken  or  arranged
for;
  (c)  medical  examination  of  a child who may be a victim of abuse or
maltreatment and documentation of findings of such examination, shall be
required[.];
  (D) INVESTIGATIONS SHALL BE MADE OF THE HOME OF THE CHILD NAMED IN THE
REPORT, INCLUDING BY THE AUTHORITY OF IMMEDIATE  COURT  ORDERS  OBTAINED
FROM  THE  FAMILY  COURT  WHENEVER  ACCESS  THERETO IS DENIED; PROVIDED,
HOWEVER, SUCH GUIDELINES SHALL REQUIRE  THAT  SUCH  AN  IMMEDIATE  COURT
ORDER  BE  SOUGHT  WHEN TWO OR MORE REPORTS ARE MADE IN REFERENCE TO THE
SAME PERSON RELATING TO THE ABUSE OR MALTREATMENT OF A CHILD,  INCLUDING
UNFOUNDED  AND  CLOSED  CASES NOT FOUND TO BE MISTAKEN OR FALSE REPORTS,
AND THE LOCAL CHILD PROTECTIVE SERVICES  ARE  NOT  ABLE  TO  LOCATE  THE
SUBJECT  CHILD  OR  HAS  BEEN  DENIED ACCESS TO THE HOME OR TO THE CHILD
NAMED IN THE REPORT OR TO ANY CHILDREN IN THE HOUSEHOLD.
  The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall  promul-
gate  regulations  to establish standards for intervention, criteria for
case closings, criteria for determining whether or  not  to  initiate  a
child  protective proceeding, and criteria for the formulation of treat-
ment plans and for the delivery of child protective  services  including
specification  of  the  services  to  be  classified as child protective
services, which shall also apply to any society for  the  prevention  of
cruelty  to  children  which has entered into a currently valid contract
with a local department of social services to investigate child abuse or
maltreatment reports. The [department] OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES shall promulgate regulations establishing minimum standards and
practices  for  the  delivery of child protective services in connection
with monitoring  and  supervising  respondents  and  their  families  as
ordered  by  a  family court pursuant to section ten hundred thirty-nine
and paragraphs (i), (iii), (iv) and (v) of subdivision  (a)  of  section
ten  hundred  fifty-two  of the family court act. Such regulations shall
also require local child protective services to comply with notification
requirements of the family court act in connection with such  monitoring
and supervisory responsibilities.
  S  4.  Subdivision  6-a  of section 424 of the social services law, as
added by chapter 740 of the laws of 2006, is amended to read as follows:
  6-a. upon receipt of such report and commencement of  the  appropriate
investigation,  where the child protective service is not able to locate
the child or has been denied access to the home or denied access to  the
child named in the report or to any children in the household, and where
the  child protective investigator has cause to believe a child or chil-
dren's life or health may be in danger immediately advise the parent  or
person  legally  responsible for the child's care or with whom the child
is residing that, when denied sufficient access to the  child  or  other
children  in the home, the child protective investigator may contact the
family court to seek an immediate court order to gain access to the home
and/or the child named in the report or any children  in  the  household
without further notice and that while such request is being made to such
court,  law  enforcement may be contacted and if contacted shall respond

A. 5458                             3

and shall remain where the child or children are or are believed  to  be
present;  PROVIDED,  HOWEVER,  THAT WHEN TWO OR MORE REPORTS ARE MADE IN
REFERENCE TO THE SAME PERSON RELATING TO THE ABUSE OR MALTREATMENT OF  A
CHILD,  INCLUDING UNFOUNDED AND CLOSED CASES NOT FOUND TO BE MISTAKEN OR
FALSE REPORTS, AND THE CHILD PROTECTIVE  INVESTIGATOR  IS  NOT  ABLE  TO
LOCATE THE SUBJECT CHILD OR HAS BEEN DENIED ACCESS TO THE HOME OR TO THE
CHILD NAMED IN THE REPORT OR TO ANY CHILDREN IN THE HOUSEHOLD, THE CHILD
PROTECTIVE  INVESTIGATOR  SHALL CONTACT THE FAMILY COURT TO SEEK SUCH AN
IMMEDIATE COURT ORDER;
  S 5.  Paragraph (a) of subdivision 1 of  section  473  of  the  social
services  law, as amended by chapter 395 of the laws of 1995, is amended
to read as follows:
  (a) receiving and investigating reports of seriously impaired individ-
uals who may be  in  need  of  protection;  WHICH  INVESTIGATIONS  SHALL
INCLUDE INVESTIGATION OF THE HOME OF AN IMPAIRED INDIVIDUAL NAMED IN THE
REPORT,  INCLUDING  BY  THE AUTHORITY OF IMMEDIATE COURT ORDERS OBTAINED
FROM THE FAMILY COURT WHENEVER ACCESS THERETO IS DENIED AS SET FORTH  IN
SECTION FOUR HUNDRED SEVENTY-THREE-A OF THIS ARTICLE;
  S  6.  Section 473-c of the social services law is amended by adding a
new subdivision 3-a to read as follows:
  3-A. WHEN TWO OR MORE REPORTS ARE MADE IN REFERENCE TO THE SAME PERSON
RELATING TO THE ABUSE OR MALTREATMENT OF AN ADULT,  INCLUDING  UNFOUNDED
AND  CLOSED  CASES  NOT  FOUND  TO BE MISTAKEN OR FALSE REPORTS, AND THE
SOCIAL SERVICES OFFICIAL IS NOT ABLE TO LOCATE THE SUBJECT ADULT OR  HAS
BEEN  DENIED ACCESS TO THE HOME OR TO THE ADULT NAMED IN THE REPORT, THE
SOCIAL SERVICES OFFICIAL SHALL CONTACT THE FAMILY COURT TO SEEK SUCH  AN
IMMEDIATE COURT ORDER AS DESCRIBED IN THIS SECTION.
  S  7.   Subparagraphs (y) and (z) of paragraph (A) of subdivision 4 of
section 422 of the social services law, subparagraph (y) as amended  and
subparagraph  (z)  as added by section 1 of part A of chapter 327 of the
laws of 2007, are amended and a new subparagraph (aa) is added  to  read
as follows:
  (y)  members  of  a  citizen  review  panel as established pursuant to
section three hundred seventy-one-b of this article; provided,  however,
members  of  a  citizen review panel shall not disclose to any person or
government official any identifying information which the panel has been
provided and shall not make public other  information  unless  otherwise
authorized by statute; [and]
  (z)  an  entity  with  appropriate legal authority in another state to
license, certify or otherwise approve prospective  foster  and  adoptive
parents where disclosure of information regarding the prospective foster
or  adoptive parents and other persons over the age of eighteen residing
in the home of such prospective parents is required by paragraph  twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code[.]; AND
  (AA)  A SOCIAL SERVICES OFFICIAL WHO IS INVESTIGATING WHETHER AN ADULT
IS IN NEED OF PROTECTIVE SERVICES IN ACCORDANCE WITH THE  PROVISIONS  OF
SECTION  FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER, AND WHEN SUCH OFFI-
CIAL HAS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON MAY BE IN NEED  OF
PROTECTIVE  SERVICES  DUE TO THE ACTIONS OF AN INDIVIDUAL OR INDIVIDUALS
THAT HAD ACCESS TO SUCH ADULT WHEN HE OR SHE WAS A CHILD, AND SUCH ADULT
EITHER CURRENTLY RESIDES WITH SUCH INDIVIDUAL OR INDIVIDUALS, OR DID  SO
WITHIN THE LAST FIVE YEARS. UNDER THIS PARAGRAPH, INFORMATION IS LIMITED
TO  VERIFICATION BY THE CITY OR COUNTY SOCIAL SERVICES COMMISSIONER THAT
THERE WAS OR WAS NOT AN INDICATED  REPORT  OF  CHILD  ABUSE  OR  NEGLECT
INVOLVING SUCH ADULT AND SUCH INDIVIDUAL OR INDIVIDUALS.

A. 5458                             4

  S  8.   Paragraphs (B), (C) and (D) of subdivision 4 of section 422 of
the social services law, as amended by chapter 677 of the laws of  1985,
are amended to read as follows:
  (B) Notwithstanding any inconsistent provision of law to the contrary,
a  city or county social services commissioner may withhold, in whole or
in part, the release of any information which he or she is authorized to
make available to persons or agencies identified in  subparagraphs  (a),
(k),  [(l),] (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this
subdivision if such commissioner determines that such information is not
related to the purposes for which such information is requested or  when
such disclosure will be detrimental to the child named in the report.
  (C) A city or county social services commissioner who denies access by
persons  or  agencies  identified in subparagraphs (a), (k), [(l),] (m),
(n)[,] AND (o)[, (p) and (q)] of paragraph (A) of  this  subdivision  to
records,  reports  or  other  information or parts thereof maintained by
such commissioner in accordance with this title shall, within  ten  days
from  the date of receipt of the request fully explain in writing to the
person requesting the records, reports or other information the  reasons
for the denial.
  (D)  A  person  or agency identified in subparagraphs (a), (k), [(l),]
(m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this  subdivision
who  is  denied access to records, reports or other information or parts
thereof maintained by a local department  pursuant  to  this  title  may
bring  a proceeding for review of such denial pursuant to article seven-
ty-eight of the civil practice law and rules.
  S 9. Section 195.05 of the penal law, as amended by chapter 269 of the
laws of 1998, is amended to read as follows:
S 195.05 Obstructing governmental administration in the second degree.
  A person is guilty of obstructing governmental administration  IN  THE
SECOND  DEGREE  when  he  OR  SHE  intentionally  obstructs,  impairs or
perverts the administration of law or  other  governmental  function  or
prevents  or  attempts  to  prevent  a public servant from performing an
official function[,]:
  1. by means of intimidation, physical force  or  interference,  or  by
means of any independently unlawful act[, or];
  2. by means of interfering, whether or not physical force is involved,
with  radio,  telephone,  television or other telecommunications systems
owned or operated by the state, or a county, city, town,  village,  fire
district or emergency medical service [or];
  3. by means of releasing a dangerous animal under circumstances evinc-
ing  the  actor's  intent that the animal obstruct governmental adminis-
tration; OR
  4. BY DENYING OR ATTEMPTING TO DENY AN INVESTIGATION OF CHILD  PROTEC-
TIVE  SERVICES  OR  OF ADULT PROTECTIVE SERVICES, ACCESS TO INTERVIEW AN
ALLEGED VICTIM.
  Obstructing governmental administration IN  THE  SECOND  DEGREE  is  a
class A misdemeanor.
  S 10. This act shall take effect immediately.