NY State Senate Bill 2015-S3121

Senate Bill S3121

2015-2016 Legislative Session

Prohibits the alleged child victim of a child abuse report from being interviewed in the presence of any other person named in the report

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to children and families
Jun 25, 2015	committed to rules
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.1007
Feb 02, 2015	referred to children and families

Votes

- May 27, 2015 - Children And Families Committee Vote
  S3121
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 27, 2015
      
      aye (6)
      
      Bonacic
      
      Felder
      
      Montgomery
      
      Serino
      
      Serrano
      
      Young
      
      aye wr (1)
      
      Savino

co-Sponsors

2015-S3121 (ACTIVE) - Details

See Assembly Version of this Bill:: A4360
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §424, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6326, A8338
2017-2018: S5724, A4552

2015-S3121 (ACTIVE) - Summary

Prohibits the alleged child victim of a child abuse report from being interviewed in the presence of any other person named in the report.

2015-S3121 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3121

TITLE OF BILL:

An act
to amend the social services law, in relation to interviewing a
potentially abused child

PURPOSE:

Amend the social services law such that the
subject of a
report of suspected child abuse shall not be required to be
interviewed in the presence of any other person named in the report.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the social services law such that an
alleged victim of child abuse shall not be interviewed in the
presence of any other person named in the report.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Awareness of the epidemic of child

abuse has come a
long way since section relevant sections of the social services law
were enacted. The most recent literature estimates that child
maltreatment costs the country a total lifetime economic burden
resulting from new cases of fatal and nonfatal treatment of $124
billion using 2008 figures.

Western New York experienced a horrific beating death of a 10 year old
child by his step father on April 17, 2012. According to the
attorneys representing the child, the investigation of the initial
Child Protection Services Report of excessive corporal punishment was
referred to a "differential response" team which, according to its
protocol, interviewed the child in the presence of the alleged
perpetrator, his step-father. The step-father was even relied upon to
translate between the investigator and the child's mother. Under
these circumstances, the child recanted his initial claim that his
stepfather had beaten him. The step-father murdered the child after
the initial report was filed with CPS. This death was most likely
preventable had a different standard for investigating the CPS
reports been required.

LEGISLATIVE HISTORY:

S.6326 / A.8338 of 2012-2013; referred to Children and Families

FISCAL IMPLICATIONS:

Minimal. The Child and Family
Services department
will continue to conduct interviews of alleged child abuse, but be


required to find a safe place in which to interview the victim away
from the alleged perpetrator.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3121 (ACTIVE) - Bill Text download pdf

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

                                  3121

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to  interviewing  a
  potentially abused child

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

  Section 1. Paragraph (a) of subdivision 6 of section 424 of the social
services law, as amended by chapter 602 of the laws of 2008, is  amended
to read as follows:
  (a)  upon  receipt  of  such report, commence or cause the appropriate
society for the prevention of cruelty to children  to  commence,  within
twenty-four  hours,  an appropriate investigation which shall include an
evaluation of the environment of the child named in the report  and  any
other  children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren in the home, and, after seeing to the safety of the child or  chil-
dren,  forthwith  notify  the  subjects  of the report and other persons
named in the report in writing of the existence of the report and  their
respective  rights  pursuant  to  this  title  in  regard  to amendment.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ALLEGED CHILD VICTIM  OF
SUCH REPORT SHALL NOT BE INTERVIEWED IN THE PRESENCE OF ANY OTHER PERSON
NAMED IN THE REPORT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02120-01-5

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Senate Bill S3121

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Sponsored By

Rich Funke