senate Bill S6427A

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

download bill text pdf

Sponsored By

Current Bill Status - 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 (13)
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 18, 2019 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1531
Jun 14, 2019 print number 6427a
Jun 14, 2019 amend and recommit to rules
Jun 10, 2019 referred to rules

S6427 - Details

See Assembly Version of this Bill:
A8060
Law Section:
Social Services Law
Laws Affected:
Amd §§412, 421, 422 & 424-a, Soc Serv L; amd §§651-a & 1051, Fam Ct Act

S6427 - 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.

S6427 - Sponsor Memo

S6427 - Bill Text download pdf


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

                                  6427

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 10, 2019
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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.

Sponsor's Position

Important legislation to Reform the New York State Central Register (SCR) awaits Governor Cuomo's signature.

Co-Sponsors

S6427A (ACTIVE) - Details

See Assembly Version of this Bill:
A8060
Law Section:
Social Services Law
Laws Affected:
Amd §§412, 421, 422 & 424-a, Soc Serv L; amd §§651-a & 1051, Fam Ct Act

S6427A (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.

S6427A (ACTIVE) - Sponsor Memo

S6427A (ACTIVE) - Bill Text download pdf


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

                                 6427--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 10, 2019
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  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.

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