Senate Bill S7271A

                                 BILL NUMBER:  S7271A

 TITLE OF BILL :

An act to amend the social services law, in relation to the duties of
child protective services concerning reports of suspected abuse or
maltreatment of children who are members of an active duty military
family

 PURPOSE :

To require child protective services to report that a perpetrator of
suspected child abuse or maltreatment is an active duty member of the
military to military officials.

 SUMMARY OF PROVISIONS :

Section 1 amends § 424 of the Social Service Law by adding a new
subdivision 6-c, requiring that in cases where the alleged abused or
neglected child is a member of an active duty military family a copy
of the child protective service report of abuse or maltreatment be
forwarded to the department of defense family advocacy program and the
military law enforcement agency at the installation where the military
member related to the allegedly abused child, is assigned.

Section 2 provides the effective date.
              

 EXISTING LAW :

Section 424 of the Social Services Law provides the duties of the
child protective service concerning reports of abuse or maltreatment.
Among these duties are: operating and maintaining a register of all
cases of reported child abuse or maltreatment in accordance with this
title; giving notice and copies of reports which involve the death of
a child to the appropriate district attorney; assessing each report to
determine whether it is necessary to give notice of the report to the
appropriate local law enforcement entity; upon receipt of such report,
convene the appropriate society for the prevention or cruelty to
children to conduct an appropriate investigation determining the risk
of a child's home environment and the fitness of the persons legally
responsible for the child's care and residing with the child;
determine within 60 days whether the report is indicated or unfounded;
report suspected cases of false reporting to the appropriate law
enforcement agency or district attorney; take a child into protective
custody when deemed appropriate and in accordance with the Family
Court Act.

Other states, including South Carolina have enacted legislation
similar to that proposed here, providing requirements for the
Department of Social Services to report cases of alleged child abuse
and neglect involving a child of an active military family be made to
designated military authorities at military installations.

 JUSTIFICATION :

When it comes to ensuring that children stay safe from abuse and
neglect, arming law enforcement with the tools-as well as the
knowledge-necessary to protect them is key.

Under current state law, child protective services is not required to
identify military families involved with instances of child abuse and
neglect to the appropriate military authorities.

Civilian and military law enforcement have a long tradition of working
cooperatively, and by directing child protective services to make
military authorities aware of these situations, we can help to ensure
those charged with protecting children from abuse have the information
they need to work together and increase safety.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.