senate Bill S7128

2013-2014 Legislative Session

Establishes civil penalties for knowingly making a false report of suspected child abuse or mistreatment and creates procedures for determining whether such a violation has occurred

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2014 referred to children and families

S7128 - Details

See Assembly Version of this Bill:
A9436
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง422, Soc Serv L

S7128 - Summary

Establishes civil penalties for knowingly making a false report of suspected child abuse or mistreatment and creates procedures for determining whether such a violation has occurred.

S7128 - Sponsor Memo

S7128 - Bill Text download pdf

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

    S. 7128                                                  A. 9436

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

                             April 30, 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 false allega-
  tions of suspected child abuse and maltreatment

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

  Section 1. Section 422 of the social services law is amended by adding
a new subdivision 15 to read as follows:
  15.  (A)  IN  ADDITION TO CRIMINAL PENALTIES AUTHORIZED BY ARTICLE TWO
HUNDRED FORTY OF THE PENAL  LAW,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  OR LOCAL CHILD PROTECTIVE SERVICES ACTING THROUGH ITS COMMIS-
SIONER, MAY SEEK A CIVIL PENALTY AGAINST  ANY  PERSON  WHO  BY  WORD  OR
ACTION  KNOWINGLY  OR  WILLFULLY MAKES A REPORT TO THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT OR MAKES A REPORT TO ANY PERSON
REQUIRED TO REPORT SUSPECTED CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO
SECTION  FOUR  HUNDRED THIRTEEN OF THIS TITLE KNOWING THAT THE PERSON IS
REQUIRED TO REPORT SUCH CASE, OF AN ALLEGED OCCURRENCE OF CHILD ABUSE OR
MALTREATMENT WHICH SAID PERSON KNEW DID NOT IN FACT OCCUR OR EXIST.
  (B) THE MAXIMUM CIVIL PENALTY SHALL BE FIVE THOUSAND DOLLARS  FOR  THE
FIRST  OCCURRENCE  AND  TEN  THOUSAND DOLLARS FOR EACH SUBSEQUENT OCCUR-
RENCE. EACH FALSE REPORT CONSTITUTES A SEPARATE VIOLATION.
  (C) IF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  LOCAL  CHILD
PROTECTIVE  SERVICES  ALLEGES THAT A PERSON HAS MADE A FALSE REPORT WITH
THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE  AND  MALTREATMENT,  THE
OFFICE OR SERVICE MUST NOTIFY SUCH PERSON THAT A HEARING WILL BE HELD TO
DETERMINE  IF  A  VIOLATION  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION HAS
OCCURRED. THE PERSON SHALL BE GIVEN A FULL STATEMENT OF THE  ALLEGATIONS
AGAINST  HIM  OR HER, A NOTICE THAT A HEARING WILL BE HELD IN FRONT OF A
NEUTRAL FACT FINDER WHO SHALL BE APPOINTED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR THE LOCAL CHILD PROTECTIVE SERVICES, THAT THEY HAVE A

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

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