senate Bill S7062A

2013-2014 Legislative Session

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

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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

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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

Votes

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May 13, 2014 - Children and Families committee Vote

S7062
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 13, 2014

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7062 - Bill Details

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

S7062 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7062

TITLE OF BILL: An act to amend the family court act, in relation to
allowing the counsel for a local department of social services the
authority to subpoena records for use in any investigation or
proceeding relating to abuse or neglect

PURPOSE:

To give the counsel for a department of social services or his/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 abuse or neglect.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1038 of the Family Court Act to
make three changes regarding obtaining subpoenas in child abuse and
neglect proceedings:

It adds the counsel for a department of social services or his/her
designee, and the designee of the county attorney to the list of
officials able to subpoena records, photographs or other evidence
relating to abuse or neglect from hospitals and any other public or
private agencies;

It also expands the use of subpoenaed records from use in proceedings
to also include use in investigations of a report received from the
State Central Register;

and it also allows service of any such subpoena upon a hospital to be
made by personal service to the hospital director.

Section 2: Effective Date.

EXISTING LAW:

New bill.

JUSTIFICATION:

Child protection agencies do not have an established right to records,
photographs or other evidence relating to abuse or neglect. It is
therefore often difficult for child protection workers to conduct a
meaningful investigation when the subject of the investigation refuses
access to the records, photographs or other evidence. This legislation
would establish a mechanism by which child protective agencies can get
access to these records, photographs or other evidence during the
initial stages of an investigation through a subpoena issued by the
counsel for the department of social services or his/her designee.
This new subpoena power will allow for a more complete and rapid
investigation and therefore has the potential to better protect
children, will save children from further acts of abuse and neglect
and ultimately may save the lives of children who have experienced
abuse or neglect. This is one in a series of measures being
introduced to improve the provision of child protective services to
New York's children and families.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

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
________________________________________________________________________

                                  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) - Bill Details

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

S7062A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7062A REVISED MEMO 06/17/2014

TITLE OF BILL: An act to amend the family court act, in relation to
allowing the counsel for a local department of social services the
authority to subpoena records for use in any investigation or proceeding
relating to severe abuse, abuse or neglect

PURPOSE:

To give the counsel for a department of social services 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.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1038 of the Family Court Act to
make three changes regarding obtaining subpoenas in child abuse and
neglect proceedings:

It adds the counsel for a department of social services to the list of
officials able to subpoena records, photographs or other evidence relat-
ing to abuse or neglect from hospitals and any other public or private
agencies;

It also expands the use of subpoenaed records from use in proceedings to
also include use in investigations of a report received from the State
Central Register;

and it also allows service of any such subpoena upon a hospital to be
made by personal service to the hospital director.

Section 2: Effective Date.

JUSTIFICATION:

Child protection agencies do not have an established right to records,
photographs or other evidence relating to abuse or neglect. It is there-
fore often difficult for child protection workers to conduct a meaning-
ful investigation when the subject of the investigation refuses access
to the records, photographs or other evidence. This legislation would
establish a mechanism by which child protective agencies can get access
to these records, photographs or other evidence during the initial stag-
es of an investigation through a subpoena issued by the counsel for the
department of social services. This new subpoena power will allow for a
more complete and rapid investigation and therefore has the potential to
better protect children, will save children from further acts of abuse
and neglect and ultimately may save the lives of children who have expe-
rienced abuse or neglect. This is one in a series of measures being
introduced to improve the provision of child protective services to New
York's children and families.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately.

view full 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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