Assembly Bill A9119

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9119
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in relation to establishing the
   mandatory  reporting  of  child abuse and maltreatment task force; and
   providing for the repeal of such provisions upon the expiration there-
   of
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 371-c to read as follows:
   § 371-C. MANDATORY REPORTING OF  CHILD  ABUSE  AND  MALTREATMENT  TASK
 FORCE.   1. THE MANDATORY REPORTING OF CHILD ABUSE AND MALTREATMENT TASK
 FORCE IS HEREBY ESTABLISHED TO EXAMINE, EVALUATE, AND  MAKE  RECOMMENDA-
 TIONS CONCERNING THE CHILD WELFARE SYSTEM AND THE MANDATORY REPORTING OF
 CHILD ABUSE AND MALTREATMENT.
   2.  THE  TASK  FORCE  SHALL  CONSIST OF TEN MEMBERS TO BE APPOINTED AS
 FOLLOWS:
   (A) THREE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (B) THREE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (C) TWO MEMBERS APPOINTED BY THE GOVERNOR;
   (D) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
   (E) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   3. THE MEMBERS OF THE TASK FORCE SHALL  EACH  HAVE  EXPERTISE  IN  THE
 PREVENTION  AND  TREATMENT  OF CHILD ABUSE AND MALTREATMENT AND MAY HAVE
 EXPERTISE IN THE FOLLOWING: LIVED  EXPERIENCE  WITH  THE  CHILD  WELFARE
 SYSTEM;  PROVIDING  COMMUNITY-BASED  SUPPORTS  FOR  FAMILIES  WITH CHILD
 WELFARE SYSTEM INVOLVEMENT; LEGAL EXPERTISE IN THE CHILD WELFARE SYSTEM;
 PARENT ADVOCATES; SOCIAL WORK OR CASE MANAGEMENT; OR RELEVANT HEALTH  OR
 MENTAL HEALTH EXPERTISE.
   4.  VACANCIES IN THE TASK FORCE SHALL BE FILLED IN THE MANNER PROVIDED
 FOR ORIGINAL APPOINTMENTS. ALL  APPOINTMENTS  SHALL  BE  COORDINATED  TO
 ENSURE  GEOGRAPHIC  REPRESENTATION  FROM THE ENTIRE STATE. A MAJORITY OF
 THE MEMBERS OF THE TASK FORCE THEN IN OFFICE SHALL CONSTITUTE  A  QUORUM
 FOR THE TRANSACTION OF BUSINESS OR THE EXERCISE OF ANY POWER OR FUNCTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14226-01-4
 A. 9119                             2
 
 OF  THE  TASK  FORCE.  THE  TASK  FORCE  SHALL CONVENE NO LATER THAN ONE
 HUNDRED TWENTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION AND MAY
 MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE, WHICH MAY INCLUDE  MEET-
 INGS  VIA  TELECONFERENCE. SPECIAL MEETINGS MAY BE CALLED AT THE REQUEST
 OF A MAJORITY OF THE MEMBERS OF THE TASK FORCE.
   5. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
 THEIR  SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ACT.
   6. THE TASK FORCE SHALL PERFORM THE FOLLOWING DUTIES:
   (A) EVALUATE THE LIST OF PROFESSIONALS REQUIRED  TO  REPORT  SUSPECTED
 CASES  OF  CHILD ABUSE AND MALTREATMENT UNDER SECTION FOUR HUNDRED THIR-
 TEEN OF THIS CHAPTER;
   (B) ASSESS THE STATUTORY OBLIGATIONS  FOR  PROFESSIONALS  REQUIRED  TO
 REPORT  SUSPECTED  CASES  OF  CHILD ABUSE AND MALTREATMENT UNDER SECTION
 FOUR HUNDRED THIRTEEN OF THIS CHAPTER, INCLUDING PENALTIES  FOR  FAILURE
 TO REPORT, AND ITS POTENTIAL IMPACT ON HEALTH AND HUMAN SERVICES PROVID-
 ERS' ABILITY TO CARRY OUT THEIR PROFESSIONAL DUTIES;
   (C)  PROVIDE  RECOMMENDATIONS ON BEST PRACTICES TO SUPPORT FAMILIES TO
 PREVENT CHILD WELFARE SYSTEM INVOLVEMENT;
   (D) DETERMINE BEST PRACTICES  FOR  MITIGATING  ANY  ADVERSE  CHILDHOOD
 EXPERIENCES  INCURRED  AS  A RESULT OF CHILD WELFARE SYSTEM INVOLVEMENT;
 AND
   (E) PROVIDE ANY OTHER RECOMMENDATIONS THE TASK FORCE  DEEMS  NECESSARY
 TO  IMPROVE THE CHILD WELFARE SYSTEM TO SUPPORT CHILDREN AND FAMILIES IN
 THE STATE.
   7. THE TASK FORCE SHALL SUBMIT A REPORT OF ITS FINDINGS AND  RECOMMEN-
 DATIONS  TO  THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
 THE ASSEMBLY, MINORITY LEADER OF THE  SENATE,  MINORITY  LEADER  OF  THE
 ASSEMBLY,  CHAIR OF THE SENATE CHILDREN AND FAMILIES COMMITTEE AND CHAIR
 OF THE ASSEMBLY CHILDREN AND FAMILIES COMMITTEE, NO LATER THAN  DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE.
   §  2. This act shall take effect immediately and shall expire December
 31, 2026, when upon such date the provisions of this act shall be deemed
 repealed.