senate Bill S7062A

2013-2014 Legislative Session

Relates to providing counsel for the local social services districts the authority to subpoena records

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to children and families
delivered to assembly
passed senate
Jun 10, 2014 amended on third reading (t) 7062a
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.671
Apr 23, 2014 referred to children and families

Co-Sponsors

S7062 - Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §1038, Fam Ct Act

S7062 - Summary

Provides the counsel for a local social services district, or his or her designee, the authority to subpoena records for use in any investigation of any report received from the state central register or proceeding relating to severe abuse, abuse or neglect.

S7062 - Sponsor Memo

S7062 - Bill Text download pdf

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

                                  7062

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families

AN  ACT to amend the family court act, in relation to allowing the coun-
  sel for a local department of social services the authority to subpoe-
  na records for use in any  investigation  or  proceeding  relating  to
  abuse or neglect

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

  Section 1. Subdivision (a) of section 1038 of the family court act, as
separately amended by chapters 272 and 724  of  the  laws  of  1989,  is
amended to read as follows:
  (a) Each hospital and any other public or private agency having custo-
dy  of  any  records, photographs or other evidence relating to abuse or
neglect, upon the subpoena of the court, the corporation counsel, county
attorney OR HIS OR HER DESIGNEE, COUNSEL FOR  THE  LOCAL  DEPARTMENT  OF
SOCIAL  SERVICES  OR HIS OR HER DESIGNEE, district attorney, counsel for
the child, or one of the parties to the proceeding OR  AN  INVESTIGATION
OF  A REPORT RECEIVED FROM THE STATE CENTRAL REGISTER, shall be required
to send such records, photographs or evidence to the court  for  use  in
any  INVESTIGATION  OF A REPORT RECEIVED FROM THE STATE CENTRAL REGISTER
OR proceeding relating to abuse or neglect under this article.  Notwith-
standing any other provision of law to the contrary, service of any such
subpoena  on  a  hospital  may be made by certified mail, return receipt
requested, OR BY PERSONAL SERVICE, to the director of the hospital.  The
court shall establish procedures for the  receipt  and  safeguarding  of
such records.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14823-01-4

Co-Sponsors

S7062A (ACTIVE) - Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §1038, Fam Ct Act

S7062A (ACTIVE) - Summary

Provides the counsel for a local social services district, or his or her designee, the authority to subpoena records for use in any investigation of any report received from the state central register or proceeding relating to severe abuse, abuse or neglect.

S7062A (ACTIVE) - Sponsor Memo

S7062A (ACTIVE) - Bill Text download pdf

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

                                 7062--A
    Cal. No. 671

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN, KENNEDY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- reported favorably from  said  committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the family court act, in relation to allowing the  coun-
  sel for a local department of social services the authority to subpoe-
  na  records  for  use  in  any investigation or proceeding relating to
  severe abuse, abuse or neglect

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

  Section 1. Subdivision (a) of section 1038 of the family court act, as
separately  amended  by  chapters  272  and  724 of the laws of 1989, is
amended to read as follows:
  (a) Each hospital and any other public or private agency having custo-
dy of any records, photographs or other evidence relating to  A  PENDING
INVESTIGATION BY A LOCAL SOCIAL SERVICES DISTRICT UPON A REPORT RECEIVED
FROM THE STATE CENTRAL REGISTER OR A PENDING PETITION UNDER THIS ARTICLE
ALLEGING SEVERE ABUSE, abuse or neglect, upon the subpoena of the court,
the  corporation counsel, county attorney, COUNSEL FOR THE LOCAL DEPART-
MENT OF SOCIAL SERVICES, district attorney, counsel for  the  child,  or
one  of  the  parties  to the proceeding, shall be required to send such
records, photographs or evidence to the court for use  in  any  INVESTI-
GATION  OF A REPORT RECEIVED FROM THE STATE CENTRAL REGISTER OR proceed-
ing relating to abuse or neglect under this article. Notwithstanding any
other provision of law to the contrary, service of any such subpoena  on
a  hospital  may be made by certified mail, return receipt requested, OR
BY PERSONAL SERVICE, to the director of the hospital.   The court  shall
establish procedures for the receipt and safeguarding of such records.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14823-04-4

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