NY State Senate Bill 2017-S4172

Senate Bill S4172

Signed By Governor

2017-2018 Legislative Session

Relates to sharing reports of child abuse with agency charged with care of child

download bill text pdf

Archive: Last Bill Status Via A2965 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 12, 2017	signed chap.281
Aug 31, 2017	delivered to governor
Jun 15, 2017	returned to assembly passed senate 3rd reading cal.476 substituted for s4172
Jun 15, 2017	substituted by a2965
Mar 23, 2017	advanced to third reading
Mar 22, 2017	2nd report cal.
Mar 21, 2017	1st report cal.476
Feb 06, 2017	referred to children and families

Votes

- Jun 15, 2017 - Floor Vote
  A2965
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Bailey
      
      Diaz
      
      Marcellino
  Mar 21, 2017 - Children And Families Committee Vote
  S4172
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 21, 2017
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino

2017-S4172 (ACTIVE) - Details

See Assembly Version of this Bill:: A2965
Law Section:: Social Services Law
Laws Affected:: Amd §424, Soc Serv L

2017-S4172 (ACTIVE) - Summary

Relates to sharing reports of child abuse with agency charged with care, custody, or guardianship of child.

2017-S4172 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4172

 TITLE OF BILL :  An act to amend the social services law, in relation
to forwarding reports of abuse to the social services district charged
with the care, custody, or guardianship of the child

 PURPOSE :

To provide to the authorized agency and any other social services
district charged with the care, custody or guardianship of a child the
report of suspected child abuse or, maltreatment of such child in the
care, custody or guardianship of an authorized agency where the
authorized agency is not the social services district in which the
home is located.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 6 of section 424 of the social services
law, as amended by chapter 602 of the laws of 2008, to add a new
subdivision to require child protective services to ascertain whether
a child named in a report of suspected child abuse or maltreatment or
any other child in the same home is in the care, custody or
guardianship of an authorized agency. Where such authorized agency is
not the social services district in which the home is located, the
report shall be forwarded as soon as possible to such authorized
agency and any other social services district charged with the care,

custody or guardianship of the child or other children in the home.
In addition, such authorized agency and local social services district
must be notified as to whether such report is indicated or unfounded
in accordance with subdivision seven of section 424.  Nothing in the
subdivision, however, shall require such social services district to
investigate or participate in the investigation of such report.

Section two provides the effective date.

 JUSTIFICATION :

The care and custody of a child may be transferred to an authorized
agency, i.e. placed in foster care. There is no requirement that the
authorized agency charged with the care and custody of the child must
be located in the same social services district in which the child's
home is located.

A problem arises when the foster home is the subject of a report of
child abuse or maltreatment and the foster home is not located in the
social services district that placed the child in the foster home.
There is no mechanism under current law that requires notification of
such report to be provided to the placing social services district.
Absent information that the foster home may be the subject of a report
of child abuse or maltreatment, the placing social services district
may continue to place children in the care and custody of that foster
home.

By requiring that the authorized agency and any social services
district charged with the care, custody or guardianship of a child
receive a copy of a report of suspected abuse or maltreatment of the
child where the authorized agency is not the social services district
in which the home is located, we can close gaps in communication
between and among authorized agencies and social services districts
responsible for the safety and welfare of our children. Placing
agencies must be informed of reports of suspected abuse or
maltreatment involving homes in which they have placed children so
that they do not unwittingly place additional children in a situation
that risks subjecting them to abuse or maltreatment.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4172 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4172
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  forwarding
   reports  of  abuse  to  the  social services district charged with the
   care, custody, or guardianship of the child

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   6. (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[.];
   (b) ASCERTAIN WHETHER THE CHILD NAMED IN THE REPORT OR ANY OTHER CHILD
 IN THE SAME HOME IS IN THE CARE, CUSTODY OR GUARDIANSHIP OF  AN  AUTHOR-
 IZED  AGENCY.  WHERE  SUCH  AUTHORIZED AGENCY IS NOT THE SOCIAL SERVICES
 DISTRICT IN WHICH THE HOME IS LOCATED, THE REPORT SHALL BE FORWARDED  AS
 SOON AS POSSIBLE TO SUCH AUTHORIZED AGENCY AND ANY OTHER SOCIAL SERVICES
 DISTRICT  CHARGED WITH THE CARE, CUSTODY OR GUARDIANSHIP OF THE CHILD OR
 OTHER CHILDREN IN THE HOME. SUCH  AUTHORIZED  AGENCY  AND  LOCAL  SOCIAL
 SERVICES  DISTRICT  SHALL  ALSO BE NOTIFIED AS TO WHETHER SUCH REPORT IS
 INDICATED OR UNFOUNDED IN ACCORDANCE  WITH  SUBDIVISION  SEVEN  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07479-01-7

 S. 4172                             2
 
 SECTION.  NOTHING IN THIS SUBDIVISION SHALL REQUIRE SUCH SOCIAL SERVICES
 DISTRICT TO INVESTIGATE OR PARTICIPATE  IN  THE  INVESTIGATION  OF  SUCH
 REPORT;
   (C)  subject  to  rules  and  regulations  of the division of criminal
 justice services, a manager of the child protective services unit, or  a
 person with law enforcement background who is specifically designated by
 the commissioner of the local social services district for this purpose,
 shall have access to conviction records maintained by state law enforce-
 ment agencies pertaining to persons of or over the age of eighteen years
 who  (1)  are  currently  residing  in the residence of any child who is
 alleged to be or suspected of being abused, maltreated, or neglected  or
 (2)  are  named  in  any  report  of  suspected  or alleged child abuse,
 maltreatment, or neglect; provided  that  nothing  in  this  subdivision
 shall  be  construed to contradict or modify section one thousand forty-
 six of the family court act. Any criminal history record provided by the
 division of criminal justice services, and any summary of  the  criminal
 history record provided by the office of children and family services to
 the  child  protective services unit of a local social services district
 pursuant to this subdivision, shall be kept confidential and  shall  not
 be  made  available  for  public inspection.   Child protective services
 units shall not indicate a report solely based upon the existence  of  a
 conviction record;
   § 2. This act shall take effect immediately.

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