assembly Bill A8060A

Vetoed By Governor
2019-2020 Legislative Session

Relates to the standards of proof for unfounded and indicated reports of abuse or maltreatment and the admissibility of reports of child abuse and maltreatment

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Sponsored By

Archive: Last Bill Status Via S6427 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 13, 2019 vetoed memo.232
Dec 06, 2019 delivered to governor
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.608
substituted for a8060a
Jun 20, 2019 substituted by s6427a
Jun 19, 2019 ordered to third reading rules cal.608
rules report cal.608
reported
Jun 18, 2019 reported referred to rules
Jun 17, 2019 reported referred to ways and means
Jun 14, 2019 print number 8060a
Jun 14, 2019 amend and recommit to codes
Jun 04, 2019 reported referred to codes
May 31, 2019 referred to children and families

A8060 - Details

See Senate Version of this Bill:
S6427
Law Section:
Social Services Law
Laws Affected:
Amd §§412, 421, 422 & 424-a, Soc Serv L; amd §§651-a & 1051, Fam Ct Act

A8060 - Summary

Relates to the standards of proof for unfounded and indicated reports of abuse or maltreatment and the admissibility of reports of child abuse and maltreatment and requires a fair preponderance of evidence of the alleged report; relates to the administration of the statewide central register of child abuse and maltreatment; makes related provisions.

A8060 - Bill Text download pdf


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

                                  8060

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on Children and Families

AN  ACT to amend the social services law, in relation to the standard of
  proof for unfounded and indicated reports of abuse or maltreatment and
  the admissibility of reports of child abuse and maltreatment;  and  to
  amend the social services law and the family court act, in relation to
  the  administration  of  the statewide central register of child abuse
  and maltreatment

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

  Section  1. Subdivisions 6 and 7 of section 412 of the social services
law, as added by chapter 1039 of the laws of 1973 and as  renumbered  by
chapter 323 of the laws of 2008, are amended to read as follows:
  6.  An "unfounded report" means any report made pursuant to this title
unless an investigation determines that [some credible evidence] A  FAIR
PREPONDERANCE OF EVIDENCE of the alleged abuse or maltreatment exists;
  7. An "indicated report" means a report made pursuant to this title if
an investigation determines that [some credible evidence] A FAIR PREPON-
DERANCE OF EVIDENCE of the alleged abuse or maltreatment exists.
  §  2.  Section 651-a of the family court act, as amended by chapter 12
of the laws of 1996, is amended to read as follows:
  § 651-a. Reports of child abuse and  maltreatment;  admissibility.  In
any proceeding brought pursuant to this section to determine the custody
or visitation of minors, a report made to the statewide central register
of child abuse and maltreatment, pursuant to title six of article six of
the social services law, or a portion thereof, which is otherwise admis-
sible  as a business record pursuant to rule forty-five hundred eighteen
of the civil practice law and rules shall not be admissible in evidence,
notwithstanding such  rule,  unless  an  investigation  of  such  report
conducted  pursuant  to  title six of article six of the social services
law has determined that there is [some credible] A FAIR PREPONDERANCE OF

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

A8060A (ACTIVE) - Details

See Senate Version of this Bill:
S6427
Law Section:
Social Services Law
Laws Affected:
Amd §§412, 421, 422 & 424-a, Soc Serv L; amd §§651-a & 1051, Fam Ct Act

A8060A (ACTIVE) - Summary

Relates to the standards of proof for unfounded and indicated reports of abuse or maltreatment and the admissibility of reports of child abuse and maltreatment and requires a fair preponderance of evidence of the alleged report; relates to the administration of the statewide central register of child abuse and maltreatment; makes related provisions.

A8060A (ACTIVE) - Bill Text download pdf


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

                                 8060--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on  Children and Families -- reported and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the social services law, in relation to the standard of
  proof for unfounded and indicated reports of abuse or maltreatment and
  the admissibility of reports of child abuse and maltreatment;  and  to
  amend the social services law and the family court act, in relation to
  the  administration  of  the statewide central register of child abuse
  and maltreatment

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

  Section  1. Subdivisions 6 and 7 of section 412 of the social services
law, as added by chapter 1039 of the laws of 1973 and as  renumbered  by
chapter 323 of the laws of 2008, are amended to read as follows:
  6.  An "unfounded report" means any report made pursuant to this title
unless an investigation determines that [some credible evidence] A  FAIR
PREPONDERANCE OF EVIDENCE of the alleged abuse or maltreatment exists;
  7. An "indicated report" means a report made pursuant to this title if
an investigation determines that [some credible evidence] A FAIR PREPON-
DERANCE OF EVIDENCE of the alleged abuse or maltreatment exists.
  §  2.  Section 651-a of the family court act, as amended by chapter 12
of the laws of 1996, is amended to read as follows:
  § 651-a. Reports of child abuse and  maltreatment;  admissibility.  In
any proceeding brought pursuant to this section to determine the custody
or visitation of minors, a report made to the statewide central register
of child abuse and maltreatment, pursuant to title six of article six of
the social services law, or a portion thereof, which is otherwise admis-
sible  as a business record pursuant to rule forty-five hundred eighteen
of the civil practice law and rules shall not be admissible in evidence,
notwithstanding such  rule,  unless  an  investigation  of  such  report

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