senate Bill S6341A

2013-2014 Legislative Session

Relates to the interviewing of children in the presence of the subject of the report

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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
Mar 26, 2014 print number 6341a
amend and recommit to children and families
Jan 15, 2014 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6341 - Bill Details

See Assembly Version of this Bill:
A8427A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §424, Soc Serv L

S6341 - Bill Texts

view summary

Relates to the interviewing of children in the presence of the subject of the report.

view sponsor memo
BILL NUMBER:S6341

TITLE OF BILL: An act to amend the social services law, in relation
to the interviewing of children in the presence of other persons

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prevent children from being interviewed
by Child Protective Services workers, in the presence of others.

SUMMARY OF SPECIFIC PROVISIONS:

Amends social services law, in relation to the interviewing of
children in the presence of other persons

JUSTIFICATION:

Interviewing a child, who is sustaining abuse, in front of their
parent or guardian may substantially inhibit them from speaking out
against a perpetrator for fear of retribution. Unfortunately, in the
majority of cases of founded reports of child abuse, a parent or
guardian, rather than a stranger, is at fault.

When a child is interviewed in front of their parents or guardians,
they may be coached to say something, or may not feel as if they can
speak openly or honestly, out of fear for their own safety. Amending
the social services law to state that children, in Child Protective
Services investigations, may not be interviewed in the presence of
another individual, who has been named in the report of suspected
abuse or neglect, will help enable a Child Protective Services worker
to fully carry out their job, and will gamer a more meaningful
interview.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take affect immediately.

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

    S. 6341                                                  A. 8427

                      S E N A T E - A S S E M B L Y

                            January 15, 2014
                               ___________

IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families

IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
  referred to the Committee on Children and Families

AN ACT to amend the social services law, in relation to the interviewing
  of children in the presence of other persons

  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 424 of the social
services law, as amended by chapter 602 of the laws of 2008, is  amended
to read as follows:
  (a)  upon  receipt  of  such report, commence or cause the appropriate
society for the prevention of cruelty to children  to  commence,  within
twenty-four  hours,  an appropriate investigation which shall include an
evaluation of the environment of the child named in the report  and  any
other  children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren in the home, and, after seeing to the safety of the child or  chil-
dren,  forthwith  notify  the  subjects  of the report and other persons
named in the report in writing of the existence of the report and  their
respective  rights  pursuant  to  this  title  in  regard  to amendment.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SUBJECT CHILD OF SUCH  A
REPORT  SHALL  NOT  BE  INTERVIEWED  IN THE PRESENCE OF ANY OTHER PERSON
NAMED IN THE REPORT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13151-01-3

Co-Sponsors

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S6341A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8427A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §424, Soc Serv L

S6341A (ACTIVE) - Bill Texts

view summary

Relates to the interviewing of children in the presence of the subject of the report.

view sponsor memo
BILL NUMBER:S6341A

TITLE OF BILL: An act to amend the social services law, in relation
to the interviewing of children in the presence of other persons

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
prevent children from being interviewed by Child Protective Services
workers, in the presence of others.

SUMMARY OF SPECIFIC PROVISIONS: Amends social services law, in
relation to the interviewing of children in the presence of the
subject of the report.

JUSTIFICATION: Interviewing a child, who is sustaining abuse, in
front of their parent or guardian who is also the subject of the
report of abuse or maltreatment, may substantially inhibit them from
speaking out against a perpetrator for fear of retribution.
Unfortunately, in the majority of cases of founded reports of child
abuse, a parent or guardian, rather than a stranger, is at fault.

When a child is interviewed in front of their alleged abuser,
especially if that alleged abuser is a parent or guardian, they may be
coached to say something, or may not feel as if they can speak openly
or honestly, out of fear for their own safety. Amending the social
services law to state that children, in Child Protective Services
investigations, may not be interviewed in the presence of another
individual, who has been named in the report of suspected abuse or
neglect, will help enable a Child Protective Services worker to fully
carry out their job, and will garner a more meaningful interview.

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
________________________________________________________________________

    S. 6341--A                                            A. 8427--A

                      S E N A T E - A S S E M B L Y

                            January 15, 2014
                               ___________

IN  SENATE  --  Introduced  by Sens. KENNEDY, BRESLIN, DILAN, ESPAILLAT,
  LATIMER -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee  on  Children  and Families -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
  referred  to  the  Committee  on  Children  and  Families -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the social services law, in relation to the interviewing
  of children in the presence of other persons

  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 424 of the social
services  law, as amended by chapter 602 of the laws of 2008, is amended
to read as follows:
  (a) upon receipt of such report, commence  or  cause  the  appropriate
society  for  the  prevention of cruelty to children to commence, within
twenty-four hours, an appropriate investigation which shall  include  an
evaluation  of  the environment of the child named in the report and any
other children in the same home and a determination of the risk to  such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren  in the home, and, after seeing to the safety of the child or chil-
dren, forthwith notify the subjects of  the  report  and  other  persons
named  in the report in writing of the existence of the report and their
respective rights  pursuant  to  this  title  in  regard  to  amendment.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE SUBJECT CHILD OF SUCH A
REPORT SHALL NOT BE INTERVIEWED IN THE PRESENCE OF THE  SUBJECT  OF  THE
REPORT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13151-03-4

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