NY State Senate Bill S3520A

Archive: Last Bill Status Via A5803 - Signed by Governor

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

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	approval memo.8 signed chap.436
Nov 10, 2015	delivered to governor
Mar 16, 2015	returned to assembly passed senate substituted for s3520a
Mar 16, 2015	substituted by a5803
Mar 09, 2015	amended on third reading (t) 3520a
Mar 02, 2015	advanced to third reading
Feb 26, 2015	2nd report cal.
Feb 25, 2015	1st report cal.124
Feb 11, 2015	referred to children and families

Votes

view votes

Mar 16, 2015 - floor Vote

A5803

floor

Aye

Nay

Absent

Excused

Abstained

Feb 25, 2015 - Children and Families committee Vote

S3520

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Feb 25, 2015

aye (5)

aye wr (2)

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3520 - Details

See Assembly Version of this Bill:: A5803
Law Section:: Social Services Law
Laws Affected:: Amd §§412 & 422, rpld §422 sub 4 ¶(A) sub ¶(q), Soc Serv L

S3520 - Summary

Relates to the statewide central register of child abuse and maltreatment.

S3520 - Sponsor Memo

BILL NUMBER:S3520

TITLE OF BILL:

An act to amend the social services law, in relation to disclosure of
reports of alleged child abuse and maltreatment; and to repeal
subparagraph (q) of paragraph (A) of subdivision 4 of section 422 of
such law relating to disclosures with regard to missing children

PURPOSE:

Grants expeditious access by criminal justice agencies to child abuse
and maltreatment records and foster care records in cases of suspected
missing children; repealer.

SUMMARY OF PROVISIONS:

Section 1: Amends subparagraph (1) of paragraph (A) of subdivision 4
of section 422 of the social services law; amends subparagraph (x) of
paragraph (A) of subdivision 4 of section 422 of the social services
law.

Section 2: Repeals subparagraph (q) of paragraph (A) of subdivision 4
of section 422 of the social services law.

Section 3: Establishes the effective date as immediately.

JUSTIFICATION:

During an investigation of a missing child, every second counts..
Kenneth White was a 5 year old boy who was reported missing by his
cousin. His cousin claimed two masked men entered the house and
kidnapped him. As the investigation continued it became clear to local
law enforcement officials that there were issues with the cousin's
story. Kenneth and his two siblings were in the custody of his aunt
and had records with CPS. At this point in time local law enforcement
contacted local CPS and requested access to Kenneth's records and were
denied. Kenneth was found dead a few hours later and his cousin has
since been charged with his murder.

After the investigation, a review of the case was conducted and it was
found that CPS should have turned over the records to local law
enforcement officials who were conducting the investigation. The
request was denied because of the convoluted way the law is written.
This law seeks to provide clarification and clear parameters as to
when child protective services should turn over records to local law
enforcement agencies during an investigation of a missing child.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:


This act shall take effect immediately.

S3520 - Bill Text download pdf

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

                                  3520

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- 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  disclosure  of
  reports of alleged child abuse and maltreatment; and to repeal subpar-
  agraph  (q)  of  paragraph (A) of subdivision 4 of section 422 of such
  law relating to disclosures with regard to missing children

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

  Section  1.  The  opening  paragraph  and subparagraphs (l) and (x) of
paragraph (A) of subdivision 4 of section 422  of  the  social  services
law,  the opening paragraph as amended by section 6 of part D of chapter
501 of the laws of 2012, subparagraph (l) as amended by  chapter  35  of
the  laws of 2001 and subparagraph (x) as amended by section 1 of part A
of chapter 327 of the laws of 2007, are amended to read as follows:
  Reports made pursuant to this title as well as any  other  information
obtained,  reports  written or photographs taken concerning such reports
in the possession of the office or local departments, WHILE SUCH REPORTS
ARE PENDING OR AFTER SUCH REPORTS ARE INDICATED, shall  be  confidential
and shall only be made available to:
  (l)  a  district  attorney, an assistant district attorney or investi-
gator employed in the office of a district attorney, a sworn officer  of
the  division  of  state police, of the regional state park police, of a
city police department, or of a county, town or village  police  depart-
ment  or  county  sheriff's  office  or  department  when  such official
requests such information stating that [such information is necessary to
conduct a criminal investigation or criminal prosecution  of  a  person,
that  there  is  reasonable  cause  to  believe  that such person is the
subject of a report, and that it is reasonable to believe  that  due  to
the  nature of the crime under investigation or prosecution, such person
is the subject of a report, and that it is reasonable  to  believe  that
due  to  that  nature  of the crime under investigation or prosecution,]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09078-01-5

S. 3520                             2

such records may be related to [the] A criminal investigation or  prose-
cution; AND PROVIDED, FURTHER, THAT A CRIMINAL JUSTICE AGENCY CONDUCTING
AN  INVESTIGATION  OF AN ALLEGED MISSING CHILD OR A CHILD WHOSE PRESENCE
CANNOT  BE  LOCATED,  AND WHERE THERE IS REASON TO SUSPECT SUCH CHILD OR
SUCH CHILD'S SIBLING, PARENT, GUARDIAN, OR OTHER RELEVANT FAMILY MEMBER,
OR ANY OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD MAY BE  A  PERSON
NAMED  IN  AN  INDICATED,  PENDING OR UNFOUNDED REPORT OF CHILD ABUSE OR
MALTREATMENT, OR NAMED  IN  ANY  PRIOR  OR  OPEN  FOSTER  CARE  RECORDS,
COMPILED  PURSUANT TO ARTICLE SIX OF THIS CHAPTER, RELATING TO THE CHILD
IN QUESTION, THEN ALL SUCH INFORMATION REPORTS AND PHOTOGRAPHS  (INCLUD-
ING FOSTER CARE RECORDS) SHALL BE MADE AVAILABLE TO THE CRIMINAL JUSTICE
AGENCY  IN AN EXPEDITIOUS MANNER, NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY;
  (x) members of a local  or  regional  multidisciplinary  investigative
team  as established pursuant to subdivision six of section four hundred
twenty-three of this title, OR THEIR DESIGNEES;
  S 2. Subparagraph (q) of paragraph (A) of subdivision 4 of section 422
of the social services law is REPEALED.
  S 3. This act shall take effect immediately.

Co-Sponsors

S3520A (ACTIVE) - Details

See Assembly Version of this Bill:: A5803
Law Section:: Social Services Law
Laws Affected:: Amd §§412 & 422, rpld §422 sub 4 ¶(A) sub ¶(q), Soc Serv L

S3520A (ACTIVE) - Summary

Relates to the statewide central register of child abuse and maltreatment.

S3520A (ACTIVE) - Sponsor Memo

BILL NUMBER:S3520A

TITLE OF BILL:  An act to amend the social services law, in relation
to the statewide central register of child abuse and maltreatment; and
repealing certain provisions of such law relating thereto

PURPOSE:

relates to the statewide central register of child abuse and
maltreatment; repealer.

SUMMARY OF PROVISIONS:

Section 1: Adds subdivision 9 to section 412 of the social services
law.

Section 2: Amends subparagraph (1) of paragraph (A) of subdivision 4
of section 422 of the social services law, as amended by chapter 35 of
the laws of 2001.

Section 3: Adds paragraph (E) to subdivision 4 of section 422 of the
social services law.

Section 4: Subparagraph (q) of paragraph (A) of subdivision 4 of
section 422 of social services law is repealed.

Section 5: Establishes the effective date.

JUSTIFICATION:

During an investigation of a missing child, every second counts.
Kenneth White was a 5 year old boy who was reported missing by his
cousin. His cousin claimed two masked men entered the house and
kidnapped him. As the investigation continued it became clear to local
law enforcement officials that there were issues with the cousin's
story. Kenneth and his two siblings were in the custody of his aunt
and had records with CPS. At this point in time local law enforcement
contacted local CPS and requested access to Kenneth's records and were
denied. Kenneth was found dead a few hours later and his cousin has
since been charged with his murder.

After the investigation, a review of the case was conducted and it was
found that CPS should have turned over the records to local law
enforcement officials who were conducting the investigation. The
request was denied because of the convoluted way the law is written.
This law seeks to provide clarification and clear parameters as to
when child protective services should turn over records to local law
enforcement agencies during an investigation of a missing child.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.


EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become law.

S3520A (ACTIVE) - Bill Text download pdf

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

                                 3520--A
    Cal. No. 124

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced by Sens. AMEDORE, GALLIVAN, RITCHIE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and  Families  --  reported  favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the social services law, in relation to the statewide
  central register  of  child  abuse  and  maltreatment;  and  repealing
  certain provisions of such law relating thereto

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

  Section 1. Section 412 of the social services law is amended to add  a
new subdivision 9 to read as follows:
  9.  "CRIMINAL  JUSTICE  AGENCY"  MEANS  A DISTRICT ATTORNEY, ASSISTANT
DISTRICT ATTORNEY, AN INVESTIGATOR EMPLOYED IN THE OFFICE OF A  DISTRICT
ATTORNEY,  OR  A  POLICE  OFFICER  DEFINED BY SUBDIVISION THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  S 2. Subparagraph (l) of paragraph (A) of subdivision 4 of section 422
of the social services law, as amended by chapter  35  of  the  laws  of
2001, is amended to read as follows:
  (l)  [a  district attorney, an assistant district attorney or investi-
gator employed in the office of a district attorney, a sworn officer  of
the  division  of  state police, of the regional state park police, of a
city police department, or of a county, town or village  police  depart-
ment or county sheriff's office or department] A CRIMINAL JUSTICE AGENCY
when:
  (I) such [official] AGENCY requests such information stating that such
information is necessary to conduct a criminal investigation or criminal
prosecution  of a person, that there is reasonable cause to believe that
such person is the subject of a report, and that  it  is  reasonable  to
believe that due to the nature of the crime under investigation or pros-
ecution,  such person is the subject of a report, and that it is reason-

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

                                                           LBD09078-04-5

S. 3520--A                          2

able to believe that due to that nature of the crime under investigation
or prosecution, such records may be related  to  the  criminal  investi-
gation or prosecution; OR
  (II)  SUCH  AGENCY  IS  CONDUCTING AN INVESTIGATION OF A MISSING CHILD
WHERE SUCH AGENCY HAS REASON TO SUSPECT SUCH CHILD'S PARENT, GUARDIAN OR
OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD  IS  THE  SUBJECT  OF  A
REPORT,  OR,  SUCH CHILD OR SUCH CHILD'S SIBLING IS ANOTHER PERSON NAMED
IN A REPORT OF CHILD ABUSE OR MALTREATMENT AND THAT SUCH INFORMATION  IS
NEEDED  TO FURTHER SUCH INVESTIGATION. IF, UPON AN INITIAL DETERMINATION
MADE BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  LOCAL  SOCIAL
SERVICES  DISTRICT  PURSUANT  TO THIS CLAUSE, IT IS DETERMINED THAT SUCH
REPORTS, INFORMATION OR PHOTOGRAPHS ARE NOT AVAILABLE TO  SUCH  CRIMINAL
JUSTICE AGENCY PURSUANT TO THIS SUBDIVISION, THE CRIMINAL JUSTICE AGENCY
CONDUCTING  THE  INVESTIGATION  MAY  CONTACT  THE OFFICE OF CHILDREN AND
FAMILY SERVICES AND REQUEST AN  IMMEDIATE  ADMINISTRATIVE  REVIEW  BY  A
SUPERVISOR  OR DESIGNATED EMPLOYEE, AS APPLICABLE, PURSUANT TO PARAGRAPH
(E) OF THIS  SUBDIVISION.  THE  LOCAL  SOCIAL  SERVICES  DISTRICT  SHALL
PROVIDE  THE  CRIMINAL JUSTICE AGENCY WITH THE MOST EXPEDIENT AND APPRO-
PRIATE METHOD TO CONTACT THE OFFICE OF CHILDREN AND FAMILY  SERVICES  IN
ORDER  TO  REQUEST SUCH REVIEW. ONCE SUCH REQUEST IS RECEIVED, AND AFTER
CONSULTATION WITH THE REQUESTING CRIMINAL JUSTICE AGENCY, THE INDIVIDUAL
DESIGNATED PURSUANT TO PARAGRAPH (E) OF  THIS  SUBDIVISION  SHALL  IMME-
DIATELY  REVIEW THE REQUEST AND DETERMINE DE NOVO WHETHER THE PROVISIONS
OF THIS CLAUSE APPLY AND, THEREFORE, ACCESS TO THE  REQUESTED  MATERIALS
SHOULD  BE GRANTED. IF IT IS DETERMINED THAT THE CRIMINAL JUSTICE AGENCY
MAY HAVE ACCESS TO THE REQUESTED  MATERIALS,  SUCH  MATERIALS  SHALL  BE
SUPPLIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR DIRECTED TO BE
SUPPLIED  BY  THE  LOCAL  SOCIAL SERVICES DISTRICT IN POSSESSION OF SUCH
MATERIALS  IMMEDIATELY  AFTER  THE  COMPLETION  OF  SUCH  ADMINISTRATIVE
REVIEW;
  S  3.  Subdivision  4  of  section  422  of the social services law is
amended by adding a new paragraph (E) to read as follows:
  (E) THE COMMISSIONER OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,
SHALL  MAKE  AVAILABLE A SUPERVISOR, OR OTHERWISE DESIGNATE AN EMPLOYEE,
WHO SHALL BE IN REGULAR CONSULTATION  WITH  ATTORNEYS  EMPLOYED  BY  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  AND  SHALL BE EMPOWERED, IN
CIRCUMSTANCES ARISING UNDER CLAUSE (II) OF SUBPARAGRAPH (L) OF PARAGRAPH
(A) OF THIS SUBDIVISION, TO OVERRULE A  DENIAL  OF  ACCESS  BY  A  LOCAL
SOCIAL  SERVICES  DISTRICT  AND AUTHORIZE SUCH ACCESS IN ACCORDANCE WITH
THIS SUBDIVISION AND THE  AUTHORIZED  REGULATIONS.  SUCH  SUPERVISOR  OR
EMPLOYEE  MAY  BE  THE  COMMISSIONER.  THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL PROVIDE THE LOCAL SOCIAL SERVICES DISTRICTS WITH THE MOST
EXPEDIENT AND APPROPRIATE METHOD THAT CRIMINAL JUSTICE AGENCIES MAY  USE
TO  REQUEST AN ADMINISTRATIVE REVIEW PURSUANT TO CLAUSE (II) OF SUBPARA-
GRAPH (L) OF PARAGRAPH (A) OF THIS SUBDIVISION.
  S 4. Subparagraph (q) of paragraph (A) of subdivision 4 of section 422
of the social services law is REPEALED.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S3520A

Sponsored By

Archive: Last Bill Status Via A5803 - Signed by Governor

Your Voice

Actions

Votes

Mar 16, 2015 - floor Vote

Floor Vote: Mar 16, 2015

Feb 25, 2015 - Children and Families committee Vote

Committee Vote: Feb 25, 2015

Bill Amendments

Co-Sponsors

S3520 - Details

S3520 - Summary

S3520 - Sponsor Memo

S3520 - Bill Text download pdf

Co-Sponsors

S3520A (ACTIVE) - Details

S3520A (ACTIVE) - Summary

S3520A (ACTIVE) - Sponsor Memo

S3520A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3520A

Share this bill

Sponsored By

Archive: Last Bill Status Via A5803 - Signed by Governor

Your Voice

Actions

Votes

Mar 16, 2015 - floor Vote

Floor Vote: Mar 16, 2015

Feb 25, 2015 - Children and Families committee Vote

Committee Vote: Feb 25, 2015

Bill Amendments

Co-Sponsors

S3520 - Details

S3520 - Summary

S3520 - Sponsor Memo

S3520 - Bill Text download pdf

Co-Sponsors

S3520A (ACTIVE) - Details

S3520A (ACTIVE) - Summary

S3520A (ACTIVE) - Sponsor Memo

S3520A (ACTIVE) - Bill Text download pdf

Comments