senate Bill S5470

Signed By Governor
2011-2012 Legislative Session

Relates to permitting social services officials in an adult protective service investigation access to certain confidential records

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Archive: Last Bill Status Via A7633 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.440
Aug 05, 2011 delivered to governor
Jun 15, 2011 returned to assembly
passed senate
3rd reading cal.1050
substituted for s5470
Jun 15, 2011 substituted by a7633
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1050
May 25, 2011 referred to children and families

Votes

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S5470 - Bill Details

See Assembly Version of this Bill:
A7633
Law Section:
Social Services Law
Laws Affected:
Amd ยง422, Soc Serv L

S5470 - Bill Texts

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Relates to permitting social services officials in an adult protective service investigation access to certain confidential records under the child abuse and maltreatment registry when such official 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.

view sponsor memo
BILL NUMBER:S5470

TITLE OF BILL:
An act
to amend the social services law, in relation to permitting social
services officials investigating whether an adult is in need of
protective services to have access to certain confidential reports

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to equip
adult protective services workers with information that will better
enable them to investigate a case of a person who may be in need of
protective services.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill would add to
the list of entities which may receive records of indicated reports
of child abuse and maltreatment maintained in the Statewide Central
Register of Child Abuse and Maltreatment (SCR); a social services
official who is investigating a case of a person who may be in need
of protective services. The social services official would have
access to such information if he or she has reasonable cause to
believe that an adult is in need of protective services due to the
actions of a person who had access to him or her as a child, and such
information is necessary to assist in the investigation.

Section two sets an effective date of immediately.

JUSTIFICATION:
Each local social services district is charged with
investigating cases of adults who, due to physical or mental impair-
ments, may be unable to care for themselves. In some cases, these
adults may be in need of protective services due to abuse or neglect
on the part of caretakers who abused or neglected them as children.
Currently, adult protective services workers are unable to access
information regarding abuse or neglect of a child who, due to
becoming 13 years old, has become the subject of an adult protective
services rather than child protective services case. Such information
would be critical to an ongoing investigation by establishing
patterns which may shed light on the circumstances in the home. This
was the case in the death of Laura Cummings, a 2.3 year old
developmentally disabled adult who was murdered by her caretakers in
January of 2010. Despite a history of child protective services
involvement with the family, the adult protective services workers
were not privy to information that might have better informed them of
her need for protective services.

This bill would allow a social services official to access information
related to indicated reports of child abuse and neglect if such
information is necessary to further and adult protective services
investigation, and the social services official has reasonable cause
to believe that an adult may be in need of protective services due to
the actions of an individual who had access to him or her as a child.

PRIOR LEGISLATIVE HISTORY:
None.


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediate.

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

                                  5470

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  permitting
  social services officials investigating whether an adult is in need of
  protective services to have access to certain confidential reports

  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 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, WHEN SUCH OFFICIAL
HAS REASONABLE CAUSE TO BELIEVE SUCH ADULT MAY BE IN NEED OF  PROTECTIVE
SERVICES  DUE  TO  THE  CONDUCT  OF AN INDIVIDUAL OR INDIVIDUALS WHO HAD
ACCESS TO SUCH ADULT WHEN SUCH ADULT WAS A CHILD AND THAT  SUCH  REPORTS
AND INFORMATION ARE NEEDED TO FURTHER THE PRESENT 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.
                                                           LBD11521-01-1

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