NY State Senate Bill 2017-S5101

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Mar 08, 2017	referred to children and families

co-Sponsors

2017-S5101 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6344
2015-2016: S754
2019-2020: S2706

2017-S5101 (ACTIVE) - Summary

Assists mandated reporters of child abuse or maltreatment to maintain the child's safety.

2017-S5101 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5101

 TITLE OF BILL :  An act to amend the social services law, in relation
to assisting mandated reporters of child abuse or maltreatment to
maintain the child's safety

 PURPOSE :

To require a county department of child protective services to provide
mandated reporters, who have made a report, with the necessary
information for the purpose of assisting the mandated reporter in his
or her professional and official role in maintaining the child's
safety.

 SUMMARY OF PROVISIONS :

Section 1: amends paragraph A of subdivision 4 of section 422 of the
social services law. The provision requires a county department of
child protective services to provide certain information, within
thirty days after receipt of a report of suspected child abuse or
maltreatment from a mandated reporter, for the purpose of assisting in
his or her professional and official role in maintaining the child's
safety.

 JUSTIFICATION :

In 2013, Erie County was rocked by the tragic death of five-year-old
Bain Brooks at the hands of his mother's live-in boyfriend. Less than
one year earlier, ten-year-old Abdifatah Nohamud was brutally murdered
by his stepfather. Both cases had been handled by county child
protective services (CPS), and at least one report to the State Office
of Child and Family Services (OCFS) had been made in both cases by
those who sought to protect the children and were mandated by law to
report such abuse.

While school officials and medical professionals are tasked with the
Protection of our children, and required by state law to report
incidences of maltreatment or abuse, these professionals are often not
given the means to ensure the state and county have taken the
appropriate actions to keen children safe.

Physicians in Western New York have described cases in which there was
no coordination between Child Protective workers and the medical
professionals who reported an incident of abuse. This absence of
communication presents a serious problem when the medical professional
is determining who to send the child home with after a medical
appointment or hospitalization. Better coordination between the county
department and those charged with the protection of our children, will
allow physicians, teachers and other mandated reporters to better
fulfill their obligations to protect the safety and well-being of
children under their care.

For example, under this legislation, CPS workers will be required to
update a physician, teacher or other mandated reporter on the status
of a child's case within 30 days of that physician's initial report of
suspected abuse or maltreatment. This legislation will encourage
information-sharing and compel Child Protective Services to conduct
deeper, more thorough investigations.

 LEGISLATIVE HISTORY :

2015-16: Referred to Children and Families
2013-14: Referred to Children and Families

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5101 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5101
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, DILAN, LATIMER -- 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 assisting
   mandated reporters of child abuse  or  maltreatment  to  maintain  the
   child's safety

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The second  undesignated  paragraph  of  paragraph  (A)  of
 subdivision  4  of section 422 of the social services law, as amended by
 section 6 of part D of chapter 501 of the laws of 2012,  is  amended  to
 read as follows:
   After a child, other than a child in residential care, who is reported
 to  the  central  register  of  abuse or maltreatment reaches the age of
 eighteen years, access to a child's record under subparagraphs  (a)  and
 (b) of this paragraph shall be permitted only if a sibling or off-spring
 of  such  child is before such person and is a suspected victim of child
 abuse or maltreatment. In addition, a person  or  official  required  to
 make  a  report  of  suspected  child  abuse or maltreatment pursuant to
 section four hundred  thirteen  of  this  chapter  shall  receive,  upon
 request,  the  findings of an investigation made pursuant to this title.
 However, no information may be released unless the person or  official's
 identity  is  confirmed by the office. [If the request for such informa-
 tion is made prior to the completion of an investigation  of  a  report,
 the  released  information  shall  be  limited  to whether the report is
 "indicated", "unfounded" or "under investigation",  whichever  the  case
 may  be.]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WITHIN THIRTY
 CALENDAR DAYS AFTER RECEIPT OF A REPORT  OF  SUSPECTED  CHILD  ABUSE  OR
 MALTREATMENT  FROM  A  PERSON OR OFFICIAL REQUIRED TO MAKE SUCH A REPORT
 PURSUANT TO SECTION FOUR  HUNDRED  THIRTEEN  OF  THIS  TITLE,  A  COUNTY
 DEPARTMENT  SHALL  PROVIDE  THE  FOLLOWING  INFORMATION  TO THE MANDATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00832-01-7

 S. 5101                             2
 
 REPORTER FOR THE PURPOSE OF ASSISTING THE MANDATED REPORTER  IN  HIS  OR
 HER  PROFESSIONAL  AND  OFFICIAL ROLE IN MAINTAINING THE CHILD'S SAFETY:
 (I) THE NAME OF THE CHILD AND THE DATE IN WHICH  THE  REPORT  WAS  MADE;
 (II) WHETHER THE REFERRAL WAS ACCEPTED FOR ASSESSMENT; (III) WHETHER THE
 REFERRAL  WAS  CLOSED  WITHOUT  SERVICES;  (IV)  WHETHER  THE ASSESSMENT
 RESULTED IN SERVICES RELATED TO THE SAFETY OF THE  CHILD;  AND  (V)  THE
 NAME  AND  CONTACT INFORMATION FOR THE COUNTY CASEWORKER RESPONSIBLE FOR
 INVESTIGATING THE REFERRAL. If the request for such information is  made
 after  the  completion  of  an  investigation  of a report, the released
 information shall be limited to whether the  report  is  "indicated"  or
 "unfounded",  whichever  the  case  may be. A person given access to the
 names or other information identifying the subjects of  the  report,  or
 other  persons  named in the report, except the subject of the report or
 other persons named in the report, shall not divulge or make public such
 identifying information unless he or she is a district attorney or other
 law enforcement official and the purpose is to initiate court action  or
 the  disclosure  is  necessary  in  connection with the investigation or
 prosecution of the subject of the report for a  crime  alleged  to  have
 been  committed  by  the  subject  against  another  person named in the
 report. Nothing in  this  section  shall  be  construed  to  permit  any
 release,  disclosure  or  identification  of  the  names  or identifying
 descriptions of persons who  have  reported  suspected  child  abuse  or
 maltreatment  to  the statewide central register or the agency, institu-
 tion, organization, program or  other  entity  where  such  persons  are
 employed  or the agency, institution, organization or program with which
 they are associated without such persons' written permission  except  to
 persons,  officials,  and agencies enumerated in subparagraphs (e), (f),
 (h), (j), (l), (m) and (v) of this paragraph.
   § 2. This act shall take effect immediately.

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Senate Bill S5101

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

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co-Sponsors

2017-S5101 (ACTIVE) - Details

2017-S5101 (ACTIVE) - Summary

2017-S5101 (ACTIVE) - Sponsor Memo

2017-S5101 (ACTIVE) - Bill Text download pdf

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Sponsored By

Timothy M. Kennedy

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

Actions

co-Sponsors

Neil D. Breslin

Martin Malavé Dilan

2017-S5101 (ACTIVE) - Details

2017-S5101 (ACTIVE) - Summary

2017-S5101 (ACTIVE) - Sponsor Memo

2017-S5101 (ACTIVE) - Bill Text download pdf

Comments