S T A T E O F N E W Y O R K
________________________________________________________________________
4055
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
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Introduced by M. of A. WEISENBERG, DUPREY, GIGLIO, TITONE, GABRYSZAK,
ROSENTHAL, ROBINSON, McKEVITT, GUNTHER, TITUS, GIBSON, JAFFEE, SWEE-
NEY, ROBERTS, STEVENSON, COLTON, LAVINE, MONTESANO, BARRON, MILLMAN,
HEVESI, LOSQUADRO, CASTRO, McDONOUGH, ZEBROWSKI -- Multi-Sponsored by
-- M. of A. ARROYO, BOYLAND, BRAUNSTEIN, CORWIN, CRESPO, CROUCH,
HEASTIE, HIKIND, MARKEY, RA, SALADINO -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law and the mental hygiene law, in
relation to reports of abuse or neglect in residential facilities or
programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6, 7 and 8 of section 424-c of the social
services law are renumbered subdivisions 7, 8 and 9 and a new subdivi-
sion 6 is added to read as follows:
6. GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY A COPY OF REPORTS
MADE PURSUANT TO SECTION FOUR HUNDRED TWELVE-A OF THIS TITLE WHICH
INVOLVE AN ABUSED CHILD IN RESIDENTIAL CARE AS DEFINED IN PARAGRAPH (B),
(C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWELVE-A OF THIS
TITLE TO THE APPROPRIATE LOCAL LAW ENFORCEMENT. A LOCAL LAW ENFORCEMENT
AGENCY MAY AFFORD THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTU-
NITY TO CONDUCT ANY RESULTING INVESTIGATION JOINTLY. THE LOCAL LAW
ENFORCEMENT AGENCY MAY REQUEST IN WRITING ADDITIONAL REPORTS, AND SHALL
SPECIFY THE KINDS OF ALLEGATIONS FOR WHICH NOTICE AND COPIES OF REPORTS
SHALL BE REQUIRED PURSUANT TO THIS SUBDIVISION. NOTHING WITHIN THIS
SUBDIVISION SHALL PROHIBIT THE OFFICE OF CHILDREN AND FAMILY SERVICES
FROM CONSULTING WITH LOCAL LAW ENFORCEMENT ON ANY CHILD ABUSE OR
MALTREATMENT REPORT;
S 2. Subparagraphs f, g and h of paragraph 2 of subdivision (c) of
section 45.07 of the mental hygiene law are relettered subparagraphs g,
h and i and a new subparagraph f is added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07648-01-3
A. 4055 2
F. GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY A COPY OF REPORTS
MADE PURSUANT TO SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES
LAW WHICH INVOLVE AN ABUSED CHILD IN RESIDENTIAL CARE AS DEFINED IN
PARAGRAPH (B), (C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
TWELVE-A OF THE SOCIAL SERVICES LAW TO THE APPROPRIATE LOCAL LAW
ENFORCEMENT. A LOCAL LAW ENFORCEMENT AGENCY MAY AFFORD THE OFFICE OF
CHILDREN AND FAMILY SERVICES AN OPPORTUNITY TO CONDUCT ANY RESULTING
INVESTIGATION JOINTLY. THE LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST IN
WRITING ADDITIONAL REPORTS, AND SHALL SPECIFY THE KINDS OF ALLEGATIONS
FOR WHICH NOTICE AND COPIES OF REPORTS SHALL BE REQUIRED PURSUANT TO
THIS SUBPARAGRAPH. NOTHING WITHIN THIS SUBPARAGRAPH SHALL PROHIBIT THE
OFFICE OF CHILDREN AND FAMILY SERVICES FROM CONSULTING WITH LOCAL LAW
ENFORCEMENT ON ANY CHILD ABUSE OR MALTREATMENT REPORT;
S 3. This act shall take effect immediately; provided, however, that
the amendments to section 424-c of the social services law made by
section one of this act shall not affect the repeal of such section and
shall expire and be deemed repealed therewith; and provided, further,
that the amendments to section 45.07 of the mental hygiene law made by
section two of this act shall not affect the repeal of such section and
shall expire and be deemed repealed therewith.