S T A T E O F N E W Y O R K
________________________________________________________________________
2583
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
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Introduced by M. of A. PEOPLES-STOKES, SCHIMMINGER -- read once and
referred 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.
LBD01719-01-5