S T A T E O F N E W Y O R K
________________________________________________________________________
10183
I N A S S E M B L Y
May 5, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lunsford) --
(at request of the Office of Children and Family Services) -- read
once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to including a
child abuse medical specialist on the child abuse multidisciplinary
team
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 423 of the social services law, as
amended by chapter 574 of the laws of 2008, is amended to read as
follows:
6. A social services district may establish a multidisciplinary inves-
tigative team or teams and may establish or work as part of a child
advocacy center established pursuant to section four hundred twenty-
three-a of this title, at a local or regional level, for the purpose of
investigating reports of suspected child abuse or maltreatment. The
social services district shall have discretion with regard to the cate-
gory or categories of suspected child abuse or maltreatment such team or
teams may investigate, provided, however, the social services district
shall place particular emphasis on cases involving the abuse of a child
as described in paragraph (i), (ii) or (iii) of subdivision (e) of
section one thousand twelve of the family court act, sexual abuse of a
child or the death of a child. Members of multidisciplinary teams shall
include but not be limited to representatives from the following agen-
cies: child protective services, law enforcement, district attorney's
office, physician or medical provider trained in forensic pediatrics,
mental health professionals, victim advocacy personnel and, if one
exists, a child advocacy center; PROVIDED HOWEVER, THAT MULTIDISCIPLI-
NARY TEAMS SHALL MAKE EFFORTS TO HAVE AVAILABLE FOR CONSULTATION AT
LEAST ONE CHILD ABUSE MEDICAL SPECIALIST THAT HAS RECEIVED SPECIALIZED
TRAINING ON CHILD ABUSE OR IN RECOGNIZING THE SIGNS OF CHILD ABUSE OR
MALTREATMENT, WHICH MAY INCLUDE A PHYSICIAN, NURSE OR LICENSED NURSE
PRACTITIONER, OR OTHER LICENSED MEDICAL PROFESSIONAL ACTING WITHIN THEIR
SCOPE OF PRACTICE; AND PROVIDED FURTHER, HOWEVER THAT EFFECTIVE JANUARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13746-01-2
A. 10183 2
FIRST, TWO THOUSAND TWENTY-FIVE THE MEMBERSHIP OF THE MULTIDISCIPLINARY
TEAMS SHALL INCLUDE AT LEAST ONE CHILD ABUSE MEDICAL SPECIALIST, UNLESS
SUCH MULTIDISCIPLINARY TEAM CERTIFIES TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES THAT THEY WERE UNABLE TO INCLUDE A CHILD ABUSE MEDICAL
SPECIALIST WITHIN SUCH TEAM DUE TO A LACK OF AVAILABLE CHILD ABUSE
MEDICAL SPECIALISTS IN THE REGION OR FISCAL HARDSHIP. Members of the
multidisciplinary team primarily responsible for the investigation of
child abuse reports, including child protective services, law enforce-
ment and district attorney's office, shall participate in joint inter-
views and conduct investigative functions consistent with the mission of
the particular agency member involved. It shall not be required that
members of a multidisciplinary team not responsible for the investi-
gation of reports participate in every investigation. Such other members
shall provide victim advocacy, emotional support, and RECOMMENDATIONS
AND access to medical and mental health care, where applicable. All
members, consistent with their respective agency missions, shall facili-
tate efficient delivery of services to victims and appropriate MEDICAL
CARE AND/OR disposition of cases through the criminal justice system
and/or the family court system in a collaborative manner, AS MAY BE
APPROPRIATE; PROVIDED FURTHER, however, non-investigative team members
shall note their specific role in the team for reports covered under
this title. Notwithstanding any other provision of law to the contrary,
members of a multidisciplinary investigative team or a child advocacy
center may share with other team members client-identifiable information
concerning the child or the child's family to facilitate the investi-
gation of suspected child abuse or maltreatment. Nothing in this subdi-
vision shall preclude the creation of multidisciplinary teams or child
advocacy centers which include more than one social services district.
Each team shall develop a written protocol for investigation of child
abuse and maltreatment cases and for interviewing child abuse and
maltreatment victims. The social services district is encouraged to
train each team member in risk assessment, indicators of child abuse and
maltreatment, and appropriate interview techniques.
§ 2. This act shall take effect immediately.