senate Bill S4797

2011-2012 Legislative Session

Relates to evidence of abuse, neglect or mistreatment and availability of legally sealed reports

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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Apr 25, 2011 referred to health

S4797 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §2803-d, Pub Health L

S4797 - Summary

Relates to evidence of abuse, neglect or mistreatment and availability of legally sealed reports.

S4797 - Sponsor Memo

S4797 - Bill Text download pdf

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

                                  4797

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to evidence of  abuse
  and legally sealed reports

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

  Section 1. Paragraph (a) of subdivision 6 of  section  2803-d  of  the
public  health  law,  as  amended by chapter 340 of the laws of 1980, is
amended to read as follows:
  (a) Upon receipt of a  report  made  pursuant  to  this  section,  the
commissioner  shall cause an investigation to be made of the allegations
contained in the report. Notification of the receipt of a  report  shall
be made immediately by the department to the appropriate district attor-
ney if a prior request in writing has been made to the department by the
district  attorney. THE INVESTIGATION MUST INCLUDE A REVIEW OF ALL PRIOR
REPORTS, INCLUDING LEGALLY SEALED REPORTS, THAT INVOLVE THE  SUBJECT  OF
THE  CURRENT REPORT. Prior to the completion of the investigation by the
department, every reasonable effort shall be made to notify,  personally
or  by certified mail, any person under investigation for having commit-
ted an act of physical abuse, mistreatment or neglect. The  commissioner
shall  make a written determination, based on the findings of the inves-
tigation, of whether or not  [sufficient  credible  evidence  exists  to
sustain  the allegations contained in the report or would support] THERE
IS SOME CREDIBLE EVIDENCE OF THE ALLEGED  PHYSICAL  ABUSE,  NEGLECT,  OR
MISTREATMENT,  OR  EVIDENCE  SUPPORTING  a  conclusion that a person not
named in such report has committed an act of physical abuse, neglect  or
mistreatment.  A  copy  of  such  written determination, together with a
notice of the right to a hearing as provided in this subdivision,  shall
be  sent  by  registered  or certified mail to each person [who] AGAINST
WHOM the commissioner has determined THERE  IS  SOME  CREDIBLE  EVIDENCE
THAT  SUCH  PERSON  has  committed  an act of physical abuse, neglect or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10718-01-1

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