Assembly Bill A3025

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

    S. 2121                                                  A. 3025

                       2015-2016 Regular Sessions

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

                            January 21, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01688-01-5
              

S. 2121                             2                            A. 3025

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
RIGHT TO BE REPRESENTED BY COUNSEL, TO PRESENT EVIDENCE AND TO CROSS-EX-
AMINE  ANY  WITNESSES  AGAINST THEM AND THE RIGHT TO APPEAL ANY DECISION
THROUGH A FAIR HEARING. A FULL RECORD OF ANY PROCEEDING SHALL  BE  MADE.
NOTICE  OF  SUCH ALLEGATIONS AND OF THE HEARING SHALL BE SERVED UPON ANY
SUCH PERSON BY PERSONAL SERVICE, BY PROMINENTLY PLACING SUCH NOTICE UPON
THE PERSON'S DOOR AND MAILING THE NOTICE BY FIRST CLASS MAIL, OR THROUGH
CERTIFIED MAIL, RETURN RECEIPT REQUESTED  TO  THE  PERSON'S  LAST  KNOWN
ADDRESS. THE OFFICE OR DISTRICT MUST ESTABLISH BY A PREPONDERANCE OF THE
EVIDENCE THAT A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION OCCURRED.
  (D)  IN  DETERMINING  THE  AMOUNT  OF  FINE TO BE IMPOSED, IF ANY, THE
FOLLOWING FACTORS SHALL BE CONSIDERED:
  (I) THE GRAVITY OF THE VIOLATION, INCLUDING THE PROBABILITY THAT SERI-
OUS PHYSICAL OR  EMOTIONAL  HARM  TO  ANY  PERSON  WILL  RESULT  OR  HAS
RESULTED,  THE  SEVERITY OF THE ACTUAL OR POTENTIAL HARM, AND THE NATURE
OF THE FALSE ALLEGATION.
  (II) ACTIONS TAKEN BY THE FALSE REPORTER TO RETRACT THE  FALSE  REPORT
AS  AN  ELEMENT OF MITIGATION, OR, IN CONTRAST, TO ENCOURAGE AN INVESTI-
GATION ON THE BASIS OF FALSE INFORMATION.
  (III) ANY PREVIOUS FALSE REPORTS FILED BY THE SAME INDIVIDUAL.
  (E) A PERSON WHO IS DETERMINED TO HAVE FILED A FALSE REPORT  OF  ABUSE
OR  MALTREATMENT  IS  NOT ENTITLED TO CONFIDENTIALITY OTHERWISE REQUIRED
FOR ALL INFORMATION CONTAINED IN THE CENTRAL REGISTER. SUBSEQUENT TO THE
CONCLUSION OF ALL PROCEEDINGS WHERE IT IS DETERMINED THAT A FALSE REPORT
WAS FILED, THE NAME OF THE FALSE REPORTER AND THE NATURE OF   THE  FALSE
REPORT MAY BE MADE PUBLIC IN WHOLE OR IN PART. SUCH INFORMATION SHALL BE
ADMISSIBLE IN ANY CIVIL OR CRIMINAL PROCEEDING.
  (F)  ANY  PERSON MAKING A REPORT WHO IS ACTING IN GOOD FAITH IS IMMUNE
FROM ANY LIABILITY UNDER THIS SECTION AND SHALL CONTINUE TO BE  ENTITLED
TO HAVE THE CONFIDENTIALITY OF THEIR IDENTITY MAINTAINED.
  S 2. This act shall take effect immediately.