S T A T E O F N E W Y O R K
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9047
I N A S S E M B L Y
January 19, 2016
___________
Introduced by M. of A. COOK -- Multi-Sponsored by -- M. of A. AUBRY,
CLARK, GOTTFRIED, PEOPLES-STOKES, TITUS, WRIGHT -- read once and
referred to the Committee on Children and Families
AN ACT to amend the social services law and the executive law, in
relation to the investigation of child abuse and maltreatment in
foster family homes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (i) of subparagraph (v) of paragraph (A) of subdivi-
sion 4 of section 422 of the social services law, as added by chapter 12
of the laws of 1996, is amended and a new subparagraph (a-1) is added to
read as follows:
(i) officers and employees of the state comptroller or of the city
comptroller of the city of New York, or of the county officer designated
by law or charter to perform the auditing function in any county not
wholly contained within a city, for purposes of a duly authorized
performance audit, provided that such comptroller shall have certified
to the keeper of such records that he or she has instituted procedures
developed in consultation with the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES to limit access to client-identifiable information to
persons requiring such information for purposes of the audit and that
appropriate controls and prohibitions are imposed on the dissemination
of client-identifiable information contained in the conduct of the
audit. Information pertaining to the substance or content of any psycho-
logical, psychiatric, therapeutic, clinical or medical reports, evalu-
ations or like materials or information pertaining to such child or the
child's family shall not be made available to such officers and employ-
ees unless disclosure of such information is absolutely essential to the
specific audit activity and the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES gives prior written approval.
(A-1) THE OFFICE OF CHILDREN AND FAMILY SERVICES IN RELATION TO A
REPORT INVOLVING A CHILD IN A HOME OPERATED OR SUPERVISED BY THE OFFICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13589-01-6
A. 9047 2
S 2. Section 424-b of the social services law, as amended by section 9
of part D of chapter 501 of the laws of 2012, is amended to read as
follows:
S 424-b. Children in the care of certain public and private agencies.
Notwithstanding any inconsistent provisions of law, when a report of
child abuse or maltreatment involves a child being cared for in a home
operated or supervised by an authorized agency or the office of children
and family services, such report shall be accepted and maintained by the
office of children and family services and shall be referred for the
purposes of conducting an investigation to the appropriate staff within
the office of children and family services where the child is in the
care of such agency; and where the child is in a home operated or super-
vised by an authorized agency, to the social services district wherein
such home is located. The office or social services district receiving
such referral shall undertake an appropriate investigation of the
report, in accordance with the terms and conditions set forth in this
title. Any person who is alleged to have abused or maltreated a child in
a report accepted and referred pursuant to this section shall be
accorded the procedural rights set forth in section four hundred twen-
ty-two and in subdivision six of section four hundred twenty-four of
this title. [Nothing in this section shall impose any duty or responsi-
bility on any child protective service pursuant to section four hundred
twenty-two, four hundred twenty-four or any other provision of this
article.]
S 3. Subdivision 13 of section 501 of the executive law, as amended by
chapter 32 of the laws of 1992 and as renumbered by chapter 465 of the
laws of 1992, is amended to read as follows:
13. To cooperate with the state department of [social services] FAMILY
ASSISTANCE and other departments, divisions and agencies of the state
AND, IN THE CASE OF CHILDREN RESIDING IN HOMES OPERATED OR SUPERVISED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES, A SOCIAL SERVICES DISTRICT,
when a report is received pursuant to title six of article six of the
social services law to protect the health and safety of children in
residential facilities or programs[. Such] OR A HOME OPERATED OR SUPER-
VISED BY THE OFFICE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, SUCH cooperation shall include: the making of reports of
alleged child abuse and maltreatment, providing necessary assistance to
the state department of [social services] FAMILY ASSISTANCE OR A SOCIAL
SERVICES DISTRICT in the department's OR DISTRICT'S investigation there-
of, MAKING AVAILABLE TO THE OFFICE OR DISTRICT RECORDS AND REPORTS
INCLUDING, BUT NOT LIMITED TO, THE CASE RECORDS OF THE CHILD WHO
ALLEGEDLY WAS ABUSED OR MALTREATED AND ANY OTHER CHILD WHO ALLEGEDLY
WITNESSED THE ABUSE OR MALTREATMENT, CONSISTENT WITH APPROPRIATE COLLEC-
TIVE BARGAINING AGREEMENTS AND APPLICABLE PROVISIONS OF THE CIVIL
SERVICE LAW, THOSE PORTIONS OF THE EMPLOYMENT RECORDS OF THE SUBJECT OF
THE REPORT CONSIDERED TO BE RELEVANT AND REASONABLY RELATED TO THE ALLE-
GATIONS BEING INVESTIGATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
AND IN THE CASE OF AN ALLEGATION OF ABUSE OR MALTREATMENT OF A CHILD IN
A HOME OPERATED OR SUPERVISED BY THE OFFICE, ANY CERTIFICATION OR HOME
RECORD RELEVANT TO SUCH INVESTIGATION and considering the recommenda-
tions of the [state department of social services] OFFICE OF CHILDREN
AND FAMILY SERVICES OR SOCIAL SERVICES DISTRICT for appropriate preven-
tive and remedial action, including legal actions, and provide or direct
the residential facility to provide such written reports thereon to the
[department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES
as to the implementation of plans of prevention and remediation approved
A. 9047 3
by the [division] OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to
title six of article six of the social services law. THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES SHALL TAKE ANY ACTION THEREON THAT IT DEEMS
APPROPRIATE.
S 4. Paragraph (A) of subdivision 4 of section 422 of the social
services law is amended by adding a new subparagraph (g-1) to read as
follows:
(G-1) ANY APPROPRIATE COMMITTEE OF THE COUNCIL OF THE CITY OF NEW YORK
RESPONSIBLE FOR CHILD PROTECTIVE LEGISLATION, PROVIDED HOWEVER, SUCH
REPORTS SHALL BE MADE AVAILABLE ONLY PURSUANT TO AN OFFICIAL WRITTEN
REQUEST BY THE CHAIR OF SUCH COMMITTEE OR COMMITTEES, AND SUCH REQUESTS
SHALL BE LIMITED TO CASES OCCURRING WITHIN INSTITUTIONS OPERATED BY
AGENCIES UNDER THE JURISDICTION OF THE CITY OF NEW YORK;
S 5. Paragraph (a) of subdivision 4 of section 372 of the social
services law, as amended by chapter 451 of the laws of 1992, and as
designated by chapter 12 of the laws of 1996, is amended to read as
follows:
(a) All such records relating to such children shall be open to the
inspection of the board and the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES at any reasonable time, and the information called for
under this section and such other data as may be required by the
[department] OFFICE shall be reported to the [department] OFFICE, in
accordance with the regulations of the [department] OFFICE. Such
records kept by the [department] OFFICE shall be deemed confidential and
shall be safeguarded from coming to the knowledge of and from inspection
or examination by any person other than AN APPROPRIATE COMMITTEE OF THE
COUNCIL OF THE CITY OF NEW YORK RESPONSIBLE FOR CHILD PROTECTIVE LEGIS-
LATION, PROVIDED HOWEVER, SUCH REPORTS SHALL BE MADE AVAILABLE ONLY
PURSUANT TO AN OFFICIAL WRITTEN REQUEST BY THE CHAIR OF SUCH COMMITTEE
OR COMMITTEES, AND SUCH REQUESTS SHALL BE LIMITED TO CASES OCCURRING
WITHIN INSTITUTIONS OPERATED BY AGENCIES UNDER THE JURISDICTION OF THE
CITY OF NEW YORK; OR one authorized, by the [department] OFFICE, by a
judge of the court of claims when such records are required for the
trial of a claim or other proceeding in such court or by a justice of
the supreme court, or by a judge of the family court when such records
are required for the trial of a proceeding in such court, after a notice
to all interested persons and a hearing, to receive such knowledge or to
make such inspection or examination. No person shall divulge the infor-
mation thus obtained without authorization so to do by the [department]
OFFICE, or by such judge or justice.
S 6. This act shall take effect immediately.