senate Bill S3224

2011-2012 Legislative Session

Authorizes the release of child abuse reports to social services officials

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
returned to senate
died in assembly
Jun 16, 2011 referred to children and families
delivered to assembly
passed senate
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.922
Feb 14, 2011 referred to children and families

Votes

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Jun 1, 2011 - Children and Families committee Vote

S3224
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Children and Families Committee Vote: Jun 1, 2011

aye wr (1)

Co-Sponsors

S3224 - Bill Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง422, Soc Serv L

S3224 - Bill Texts

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Authorizes the release of child abuse reports to social services officials where such records and reports are necessary in order to conduct an adult protective service investigation.

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BILL NUMBER:S3224

TITLE OF BILL:
An act
to amend the social services law, in relation to authorizing the release
of child abuse reports to social services officials

SUMMARY OF PROVISIONS:
SECTION 1 amends paragraph (A) of subdivision 4
of section 422 of the social services law to add a new subparagraph
(aa) to add adult protective service officials to the list of persons
to whom reports made pursuant to Social Services Law Title 6
regarding child abuse and maltreatment, together with any other
records, may be made available when such information is necessary to
conduct an adult protective service investigation.

SECTION 2 provides that this act shall take effect immediately.

PURPOSE AND JUSTIFICATION:
In January, 2010, Laura Cummings, a
twenty-three year old developmentally disabled young woman, was
smothered to death by her mother. Evidence suggests that her death
was preceded by years of torture and abuse. The local Adult Protective
Services Department attempted to investigate complaints regarding her
maltreatment, but was unable to access sealed records regarding child
abuse and neglect that had been opened while Laura was a child that
might have been of assistance in their investigation. If those
records had been made available, this tragic death might have been
avoided. Social Service Department officials indicate that there are
many situations where an adult protective service investigation,
intended to protect innocent adult victims of abuse, and
particularly involving handicapped and developmentally disabled
young people, can benefit from knowledge of the history of the family
or the victim that is contained in the child abuse and maltreatment
files.

EXISTING LAW:
Social Services Law 422(4) lists persons to whom records
regarding child abuse and maltreatment may be made available.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  3224

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sens.  RANZENHOFER, MAZIARZ, DeFRANCISCO, GOLDEN -- 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, in relation to authorizing the
  release of child abuse reports to social services officials

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

  Section 1. 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 UNDER ARTICLE NINE-B OF  THIS  CHAPTER
WHEN  SUCH OFFICIAL CERTIFIES THAT THE RECORDS AND REPORTS ARE NECESSARY
IN ORDER TO CONDUCT AN ADULT PROTECTIVE SERVICE INVESTIGATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01595-02-1

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