S T A T E   O F   N E W   Y O R K
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                                  4248

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH, PEOPLES-STOKES, CERETTO, TITUS,
  MONTESANO, ROBINSON -- Multi-Sponsored by -- M. of A. BARCLAY, COLTON,
  GRAF -- read once and referred to the Committee on Children and  Fami-
  lies

AN  ACT  to amend the social services law, in relation to investigations
  of the homes of adults about whom reports have been filed and  requir-
  ing officials to obtain a supervisor's approval or otherwise requiring
  application  for  a  court  order  allowing access to the home; and to
  amend the penal law, in relation to criminalizing the act  of  denying
  access  to  an  individual  who is the subject of a report to child or
  adult protective services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Laura Cummings' Law".
  S 2. The section heading and opening paragraph of section 421  of  the
social services law, as amended by section 5 of part D of chapter 501 of
the laws of 2012, are amended to read as follows:
  Responsibility  of  the  office  OF CHILDREN AND FAMILY SERVICES.  The
office OF CHILDREN AND FAMILY SERIVCES shall:
  S 3.  Paragraph (a) of subdivision 1 of  section  473  of  the  social
services  law, as amended by chapter 395 of the laws of 1995, is amended
to read as follows:
  (a) receiving and investigating reports of seriously impaired individ-
uals who may be in need of protection; SUCH INVESTIGATIONS SHALL INCLUDE
INVESTIGATION OF THE HOME OF AN IMPAIRED INDIVIDUAL NAMED IN THE REPORT,
INCLUDING BY THE AUTHORITY OF IMMEDIATE  COURT  ORDERS  WHENEVER  ACCESS
THERETO  IS  DENIED AS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE-A
OF THIS ARTICLE;
  S 4. Section 473-c of the social services law is amended by  adding  a
new subdivision 1-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08081-01-5
              

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  1-A.  EXCEPT  IN  A  CITY WITH A POPULATION OF ONE MILLION OR MORE, IN
EVERY SITUATION WHERE A SOCIAL SERVICES OFFICIAL OR CASEWORKER,  WHO  IS
INVESTIGATING  WHETHER  AN  ADULT  IS IN NEED OF PROTECTIVE SERVICES, IS
DENIED ACCESS TO THAT ADULT TO SUFFICIENTLY ASSESS IF THAT ADULT  IS  IN
NEED  OF  SUCH  SERVICES,  THE  OFFICIAL OR CASEWORKER SHALL IMMEDIATELY
DISCUSS THE MATTER WITH THE SUPERVISOR OF THE ADULT SERVICES DIVISION OF
THE SOCIAL SERVICES DISTRICT AS WELL  AS  WITH  THE  APPROPRIATE  COUNTY
LEGAL  COUNSEL ASSIGNED TO SUCH MATTERS, AND A DECISION SHALL BE MADE AS
TO THE APPROPRIATENESS OF SEEKING A COURT ORDER OF  ACCESS  PURSUANT  TO
THIS SECTION. IF THE DECISION IS MADE TO SEEK AN ORDER, THAT SHALL OCCUR
FORTHWITH, AND IF THE DECISION IS NOT TO SEEK SUCH AN ORDER, IT SHALL BE
RECORDED WITH THE RATIONALE FOR SUCH DECISION IN THE RECORDS.
  S  5.  Subdivision  4  of section 473-c of the social services law, as
added by chapter 413 of the laws of 1986, is amended to read as follows:
  4. If the court is satisfied that there is reasonable cause to believe
that a person in need of protective services for adults may be found  at
the  premises  described  in the application, that such person may be in
need of protective services for adults, and that access to  such  person
has  been  refused,  it  shall  grant the application and issue an order
authorizing the social services official and such other  individuals  as
may be designated by the said official, accompanied by a police officer,
to  enter the premises to conduct an assessment to determine whether the
person named in the application is in need of  protective  services  for
adults. The [standard for proof and] procedure for such an authorization
shall  be  the same as for a search warrant under the criminal procedure
law.
  S 6. Subparagraphs (z) and (aa) of paragraph (A) of subdivision  4  of
section  422 of the social services law, subparagraph (z) as amended and
subparagraph (aa) as added by chapter 440  of  the  laws  of  2011,  are
amended and a new subparagraph (bb) is added to read as follows:
  (z)  an  entity  with  appropriate legal authority in another state to
license, certify or otherwise approve prospective  foster  and  adoptive
parents where disclosure of information regarding the prospective foster
or  adoptive parents and other persons over the age of eighteen residing
in the home of such prospective parents is required by paragraph  twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code; [and]
  (aa)  a social services official who is investigating whether an adult
is in need of protective services in accordance with the  provisions  of
section  four  hundred seventy-three of this chapter, when such official
has reasonable cause to believe such adult may be in need of  protective
services  due  to  the  conduct  of an individual or individuals who had
access to such adult when such adult was a child and that  such  reports
and information are needed to further the present investigation[.]; AND
  (BB)  A SOCIAL SERVICES OFFICIAL WHO IS INVESTIGATING WHETHER AN ADULT
IS IN NEED OF PROTECTIVE SERVICES IN ACCORDANCE WITH THE  PROVISIONS  OF
SECTION  FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER, AND WHEN SUCH OFFI-
CIAL STATES THAT HE OR SHE HAS REASONABLE CAUSE  TO  BELIEVE  THAT  SUCH
PERSON  MAY  BE  IN NEED OF PROTECTIVE SERVICES AND THAT SUCH PERSON MAY
HAVE BEEN THE SUBJECT OF A CHILD PROTECTIVE REPORT WITHIN THE LAST  FIVE
YEARS.  SUCH INFORMATION MAY BE REQUESTED AND RELEASED ACROSS ALL SOCIAL
SERVICES DISTRICTS IN THE STATE.
  S  7.   Paragraphs (B), (C) and (D) of subdivision 4 of section 422 of
the social services law, as amended by chapter 677 of the laws of  1985,
are amended to read as follows:

A. 4248                             3

  (B) Notwithstanding any inconsistent provision of law to the contrary,
a  city or county social services commissioner may withhold, in whole or
in part, the release of any information which he or she is authorized to
make available to persons or agencies identified in  subparagraphs  (a),
(k),  [(l),] (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this
subdivision if such commissioner determines that such information is not
related to the purposes for which such information is requested or  when
such disclosure will be detrimental to the child named in the report.
  (C) A city or county social services commissioner who denies access by
persons  or  agencies  identified in subparagraphs (a), (k), [(l),] (m),
(n)[,] AND (o)[, (p) and (q)] of paragraph (A) of  this  subdivision  to
records,  reports  or  other  information or parts thereof maintained by
such commissioner in accordance with this title shall, within  ten  days
from  the date of receipt of the request fully explain in writing to the
person requesting the records, reports or other information the  reasons
for the denial.
  (D)  A  person  or agency identified in subparagraphs (a), (k), [(l),]
(m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this  subdivision
who  is  denied access to records, reports or other information or parts
thereof maintained by a local department  pursuant  to  this  title  may
bring  a proceeding for review of such denial pursuant to article seven-
ty-eight of the civil practice law and rules.
  S 8. Section 195.05 of the penal law, as amended by chapter 269 of the
laws of 1998, is amended to read as follows:
S 195.05 Obstructing governmental administration in the second degree.
  A person is guilty of obstructing governmental administration  IN  THE
SECOND  DEGREE  when  he  OR  SHE  intentionally  obstructs,  impairs or
perverts the administration of law or  other  governmental  function  or
prevents  or  attempts  to  prevent  a public servant from performing an
official function[,]:
  1. by means of intimidation, physical force  or  interference,  or  by
means of any independently unlawful act[, or];
  2. by means of interfering, whether or not physical force is involved,
with  radio,  telephone,  television or other telecommunications systems
owned or operated by the state, or a county, city, town,  village,  fire
district or emergency medical service [or];
  3. by means of releasing a dangerous animal under circumstances evinc-
ing  the  actor's  intent that the animal obstruct governmental adminis-
tration; OR
  4. BY, WITH  INTENT  TO  CONCEAL  ABUSE  AND/OR  NEGLECT,  DENYING  OR
ATTEMPTING  TO  DENY AN INVESTIGATION OF CHILD PROTECTIVE SERVICES OR OF
ADULT PROTECTIVE SERVICES, ACCESS TO INTERVIEW AN ALLEGED VICTIM.
  Obstructing governmental administration IN  THE  SECOND  DEGREE  is  a
class A misdemeanor.
  S 9. This act shall take effect immediately.