S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8743
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced by M. of A. COLTON -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to  amend the social services law, in relation to providing for
   certain procedures to be followed when there  is  a  determination  of
   suspected child abuse or neglect

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Clava's Law".
   § 2. Section 423 of the social services law is amended by adding three
 new subdivisions 7, 8 and 9 to read as follows:
   7. NO ALLEGATION OF CHILD ABUSE OR NEGLECT SHALL BE MADE TO THE  LOCAL
 LAW   ENFORCEMENT  AGENCY  UNTIL  THE  COMPLETION  OF  AN  INVESTIGATION
 CONDUCTED PURSUANT TO THIS TITLE WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (A) INQUIRY INTO A THOROUGH REVIEW OF THE MEDICAL HISTORY OF THE CHILD
 AND OF THE CHILD'S FAMILY, INCLUDING WHETHER THE CHILD  HAS  A  REPORTED
 PREEXISTING  DIAGNOSIS  OF  ANY  MEDICAL CONDITION KNOWN TO APPEAR TO BE
 CAUSED BY OR KNOWN TO BE MISDIAGNOSED AS ABUSE, INCLUDING BUT NOT LIMIT-
 ED TO, RICKETS, EHLERS-DANLOS SYNDROME, OSTEOGENESIS IMPERFECTA OR VITA-
 MIN D DEFICIENCY;
   (B) COMMUNICATION WITH ALL MEDICAL PROVIDERS REGULARLY  INVOLVED  WITH
 THE CHILD AND THE CHILD'S FAMILY;
   (C)  THE COLLECTION OF MEDICAL RECORDS FROM THE CHILD'S BIRTH, INCLUD-
 ING NICU, PRENATAL CLINIC, DEVELOPMENTAL CARE, AND  ANY  OTHER  RELEVANT
 MEDICAL HISTORY;
   (D)  A  REVIEW OF THE CHILD'S HISTORY WITH EARLY INTERVENTION AND CPSE
 SERVICES, INCLUDING INDIVIDUAL EDUCATION PLANS AND SPECIAL SERVICES,  IF
 APPLICABLE;
   (E)  COMMUNICATION  WITH  ALL CAREGIVERS INVOLVED IN THE CHILD'S LIFE,
 PARTICULARLY IF THE CHILD'S PARENTS LIVED SEPARATELY OR  ARE  UNDERGOING
 LEGAL PROCEEDINGS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13257-01-5
              

 A. 8743                             2
 
   (F)  OBSERVATION  OF  THE CHILD'S BEHAVIOR WITH EACH PARENT SEPARATELY
 AND TOGETHER TO DOCUMENT THE CHILD'S REACTIONS IN THE EVENT OF SUSPECTED
 ABUSE;
   (G)  AN EVALUATION OF WHEN THE SUSPECTED INCIDENTS OF ABUSE OR NEGLECT
 OCCURRED AND WHERE AND WITH WHOM THE CHILD WAS RESIDING AT THE TIME; AND
   (H) AN EXAMINATION OF THE CHILD'S SCHOOL RECORDS, INCLUDING GRADES AND
 INCIDENT REPORTS.
   8. ANY PHYSICIAN,  MEDICAL  PROVIDER  OR  MENTAL  HEALTH  PROFESSIONAL
 INVOLVED  IN  AN  INVESTIGATION CONDUCTED BY A MULTIDISCIPLINARY TEAM AS
 PROVIDED IN SUBDIVISION SIX OF THIS SECTION SHALL TRANSPARENTLY COMMUNI-
 CATE THEIR ROLE AS PART OF THE INVESTIGATORY  TEAM  TO  THE  PARENTS  OR
 GUARDIANS  OF A CHILD WHO IS THE SUBJECT OF SUCH INVESTIGATION. IT SHALL
 BE MADE CLEAR TO THE PARENTS OR GUARDIANS OF THE CHILD THAT  THE  PHYSI-
 CIAN,  MEDICAL  PROVIDER OR MENTAL HEALTH PROFESSIONAL IS EVALUATING THE
 CHILD FOR PURPOSES OF THE INVESTIGATION  AS  WELL  AS  FOR  PURPOSES  OF
 TREATMENT OF THE CHILD.
   9.  (A)  IF  AN  EXAMINATION  HAS BEEN PERFORMED ON THE CHILD BY OR ON
 BEHALF OF THE MULTIDISCIPLINARY INVESTIGATIVE TEAM, THE  CHILD'S  PARENT
 OR GUARDIAN SHALL HAVE THE RIGHT TO OBTAIN AN INDEPENDENT MEDICAL EVALU-
 ATION  OR  PEDIATRIC SPECIALTY CONSULTATION OF SUCH CHILD PERFORMED BY A
 PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
 LAW AT THEIR OWN EXPENSE OR AS OTHERWISE COVERED BY INSURANCE  OR  MEDI-
 CAID  UNLESS PROHIBITED BY COURT ORDER. THE MULTIDISCIPLINARY TEAM SHALL
 COOPERATE AS MAY REASONABLY BE NECESSARY TO  FACILITATE  AN  INDEPENDENT
 MEDICAL EVALUATION OR PEDIATRIC SPECIALTY CONSULTATION FOR SUCH CHILD.
   (B) IF AN INITIAL EXAMINATION WAS NOT PERFORMED BY OR ON BEHALF OF THE
 MULTIDISCIPLINARY INVESTIGATIVE TEAM, THE CHILD'S PARENT OR GUARDIAN MAY
 REQUEST THAT THE CHILD BE EXAMINED BY OR ON BEHALF OF THE MULTIDISCIPLI-
 NARY INVESTIGATIVE TEAM AS SOON AS PRACTICABLE.
   (C) AS USED IN THIS PARAGRAPH, THE TERM "PEDIATRIC SPECIALTY CONSULTA-
 TION"  MEANS  A CONSULTATION WITH A PHYSICIAN LICENSED TO PRACTICE MEDI-
 CINE IN THIS STATE AND BOARD CERTIFIED IN THE RELEVANT  PEDIATRIC  FIELD
 OR SPECIALTY, INCLUDING RADIOLOGY, GENETICS, ORTHOPEDICS, ENDOCRINOLOGY,
 NEUROSURGERY,  CHILD  ABUSE  PEDIATRICS,  GASTROENTEROLOGY,  SURGERY, OR
 FORENSIC PATHOLOGY, AND TO DIAGNOSE AND TREAT CERTAIN HEALTH CONDITIONS,
 INCLUDING  RICKETS,  EHLERS-DANLOS  SYNDROME,  OSTEOGENESIS  IMPERFECTA,
 VITAMIN D DEFICIENCY, OR OTHER MEDICAL CONDITIONS RELATED TO THE DIFFER-
 ENTIAL DIAGNOSIS OF CHILD ABUSE OR NEGLECT.
   (D) AT ANY HEARING CONCERNING A CHILD BEFORE THE COURT IN A PROCEEDING
 PURSUANT  TO  THIS ARTICLE, THE COURT SHALL CONSIDER THE RESULTS FROM AN
 INDEPENDENT MEDICAL EVALUATION OR PEDIATRIC  SPECIALTY  CONSULTATION  OF
 SUCH  CHILD;  PROVIDED THAT NO HEARING SCHEDULED IN ACCORDANCE WITH THIS
 ARTICLE SHALL BE CONTINUED SOLELY BECAUSE THE RESULTS FROM AN  INDEPEND-
 ENT  MEDICAL EVALUATION OR PEDIATRIC SPECIALTY CONSULTATION OF THE CHILD
 BEFORE THE COURT ARE UNAVAILABLE.
   § 3. Subdivisions 13 and 14 of section 424 of the social services law,
 subdivision 13 as amended by chapter 220 of the laws of 1975 and  renum-
 bered  by chapter 477 of the laws of 1989 and subdivision 14 as added by
 chapter 317 of the laws of 1990, are amended to read as follows:
   13. coordinate, provide or arrange for and monitor, as  authorized  by
 the social services law, the family court act and by this title, rehabi-
 litative  services  for children and their families on a voluntary basis
 or under a final or intermediate order of the family court[.];
   14. comply with provisions of sections ten hundred  thirty-nine-a  and
 ten hundred fifty-two-a of the family court act; AND
 A. 8743                             3
 
   15.  UPON  COMMENCING  AN  INVESTIGATION  UNDER THIS TITLE, INFORM ANY
 SUBJECT OF THE INVESTIGATION OF THE FOLLOWING:
   (A)  THE  NAMES  OF THE INVESTIGATORS AND IDENTIFYING CREDENTIALS FROM
 THE DEPARTMENT;
   (B) THE PURPOSE OF THE INVESTIGATION;
   (C) THE RIGHT TO OBTAIN THEIR OWN ATTORNEY AND WAYS THAT THE  INFORMA-
 TION PROVIDED BY THE SUBJECT MAY BE USED;
   (D) THE POSSIBLE OUTCOMES AND SERVICES OF THE DEPARTMENT'S RESPONSE;
   (E)  THE  RIGHT OF THE PARENT OR LEGAL CUSTODIAN TO BE ENGAGED  TO THE
 FULLEST EXTENT POSSIBLE IN DETERMINING THE NATURE OF THE ALLEGATION  AND
 THE NATURE OF ANY IDENTIFIED PROBLEM AND THE REMEDY;
   (F)  THE DUTY OF THE PARENT OR LEGAL CUSTODIAN TO REPORT ANY CHANGE IN
 THE RESIDENCE OR LOCATION OF THE CHILD TO THE INVESTIGATOR AND THAT  THE
 DUTY TO REPORT CONTINUES UNTIL THE INVESTIGATION IS CLOSED; AND
   (G)  THE DUTY OF THE PARENT OR LEGAL CUSTODIAN TO REPORT ANY PREEXIST-
 ING DIAGNOSIS FOR THE CHILD WHICH IS SPECIFIED  IN  PARAGRAPH  THREE  OF
 SUBDIVISION  NINE OF SECTION FOUR HUNDRED TWENTY-THREE OF THIS TITLE AND
 PROVIDE ANY MEDICAL RECORDS THAT SUPPORT  THAT  DIAGNOSIS  IN  A  TIMELY
 MANNER.
   §  4.  Subdivision  1  of  section  413  of the social services law is
 amended by adding a new paragraph (e) to read as follows:
   (E)(I) A PHYSICIAN OR REGISTERED  PHYSICIAN  ASSISTANT  SHALL  NOT  BE
 DEEMED  TO  HAVE  REASONABLE CAUSE TO SUSPECT THAT A CHILD COMING BEFORE
 THEM IN  THEIR  PROFESSIONAL  OR  OFFICIAL  CAPACITY  IS  AN  ABUSED  OR
 MALTREATED  CHILD UNLESS THE PHYSICIAN OR REGISTERED PHYSICIAN ASSISTANT
 HAS MADE A GOOD FAITH ATTEMPT TO:
   (1) REVIEW THE MEDICAL HISTORY OF THE  CHILD,  INCLUDING  WHETHER  THE
 CHILD  HAS  A  REPORTED  PREEXISTING  DIAGNOSIS OF ANY MEDICAL CONDITION
 KNOWN TO APPEAR TO BE CAUSED BY OR KNOWN TO BE  MISDIAGNOSED  AS  ABUSE,
 INCLUDING  RICKETS,  EHLERS-DANLOS  SYNDROME, OSTEOGENESIS IMPERFECTA OR
 VITAMIN D DEFICIENCY.
   (2) COMMUNICATE WITH ALL MEDICAL PROVIDERS REGULARLY INVOLVED WITH THE
 CHILD;
   (3) REVIEW AVAILABLE MEDICAL RECORDS FROM THE CHILD'S BIRTH, INCLUDING
 NICU, PRENATAL  CLINIC,  DEVELOPMENTAL  CARE,  AND  ANY  OTHER  RELEVANT
 MEDICAL HISTORY;
   (4)  REVIEW ANY KNOWN HISTORY OF THE CHILD WITH EARLY INTERVENTION AND
 CPSE  SERVICES,  INCLUDING  INDIVIDUAL  EDUCATION  PLANS   AND   SPECIAL
 SERVICES, IF APPLICABLE; AND
   (5)  COMMUNICATE,  TO  THE  EXTENT PERMISSIBLE UNDER HIPPA GUIDELINES,
 WITH ALL CAREGIVERS INVOLVED IN THE CHILD'S LIFE,  PARTICULARLY  IF  THE
 CHILD'S PARENTS LIVED SEPARATELY OR ARE UNDERGOING LEGAL PROCEEDINGS.
   (II)    ANY PERSON WHO VIOLATES THE REQUIREMENTS OF THIS PARAGRAPH MAY
 BE SUBJECT TO THE PENALTIES SET FORTH IN SUBDIVISION FOURTEEN OF SECTION
 FOUR HUNDRED TWENTY-TWO OF THIS TITLE.
   § 5.  This act shall take effect on January 1, 2026 and shall apply to
 any report or referral of suspected abuse or neglect of a child made  on
 or after such effective date.