Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 30, 2014 |
referred to children and families |
Assembly Bill A9436
2013-2014 Legislative Session
Sponsored By
PEOPLES-STOKES
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-A9436 (ACTIVE) - Details
2013-A9436 (ACTIVE) - 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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