Bill Text: NY A04055 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to reports of abuse or neglect of children in residential facilities or programs; requires the commissioner of children and family services to give telephone notice and immediately forward a copy of reports which involve suspected physical injury or sexual abuse of a child or the death of a child to the appropriate local law enforcement.

Spectrum: Slight Partisan Bill (Democrat 23-10)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in children and families [A04055 Detail]

Download: New_York-2013-A04055-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4055
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       Introduced  by  M.  of A. WEISENBERG, DUPREY, GIGLIO, TITONE, GABRYSZAK,
         ROSENTHAL, ROBINSON, McKEVITT, GUNTHER, TITUS, GIBSON,  JAFFEE,  SWEE-
         NEY,  ROBERTS,  STEVENSON, COLTON, LAVINE, MONTESANO, BARRON, MILLMAN,
         HEVESI, LOSQUADRO, CASTRO, McDONOUGH, ZEBROWSKI -- Multi-Sponsored  by
         --  M.  of  A.  ARROYO,  BOYLAND,  BRAUNSTEIN, CORWIN, CRESPO, CROUCH,
         HEASTIE, HIKIND, MARKEY, RA, SALADINO -- read once and referred to the
         Committee on Children and Families
       AN ACT to amend the social services law and the mental hygiene  law,  in
         relation  to  reports of abuse or neglect in residential facilities or
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Subdivisions  6, 7 and 8 of section 424-c of the social
    2  services law are renumbered subdivisions 7, 8 and 9 and a  new  subdivi-
    3  sion 6 is added to read as follows:
    4    6.  GIVE  TELEPHONE  NOTICE  AND FORWARD IMMEDIATELY A COPY OF REPORTS
    5  MADE PURSUANT TO SECTION FOUR  HUNDRED  TWELVE-A  OF  THIS  TITLE  WHICH
    6  INVOLVE AN ABUSED CHILD IN RESIDENTIAL CARE AS DEFINED IN PARAGRAPH (B),
    7  (C)  OR  (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWELVE-A OF THIS
    8  TITLE TO THE APPROPRIATE LOCAL LAW ENFORCEMENT.  A LOCAL LAW ENFORCEMENT
    9  AGENCY MAY AFFORD THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTU-
   10  NITY TO CONDUCT ANY RESULTING INVESTIGATION  JOINTLY.    THE  LOCAL  LAW
   11  ENFORCEMENT  AGENCY MAY REQUEST IN WRITING ADDITIONAL REPORTS, AND SHALL
   12  SPECIFY THE KINDS OF ALLEGATIONS FOR WHICH NOTICE AND COPIES OF  REPORTS
   13  SHALL  BE  REQUIRED  PURSUANT  TO  THIS SUBDIVISION. NOTHING WITHIN THIS
   14  SUBDIVISION SHALL PROHIBIT THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
   15  FROM  CONSULTING  WITH  LOCAL  LAW  ENFORCEMENT  ON  ANY  CHILD ABUSE OR
   16  MALTREATMENT REPORT;
   17    S 2. Subparagraphs f, g and h of paragraph 2  of  subdivision  (c)  of
   18  section  45.07 of the mental hygiene law are relettered subparagraphs g,
   19  h and i and a new subparagraph f is added to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07648-01-3
       A. 4055                             2
    1    F. GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY  A  COPY  OF  REPORTS
    2  MADE  PURSUANT  TO  SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES
    3  LAW WHICH INVOLVE AN ABUSED CHILD IN  RESIDENTIAL  CARE  AS  DEFINED  IN
    4  PARAGRAPH  (B),  (C)  OR  (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
    5  TWELVE-A  OF  THE  SOCIAL  SERVICES  LAW  TO  THE  APPROPRIATE LOCAL LAW
    6  ENFORCEMENT.  A LOCAL LAW ENFORCEMENT AGENCY MAY AFFORD  THE  OFFICE  OF
    7  CHILDREN  AND  FAMILY  SERVICES  AN OPPORTUNITY TO CONDUCT ANY RESULTING
    8  INVESTIGATION JOINTLY.  THE LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST  IN
    9  WRITING  ADDITIONAL  REPORTS, AND SHALL SPECIFY THE KINDS OF ALLEGATIONS
   10  FOR WHICH NOTICE AND COPIES OF REPORTS SHALL  BE  REQUIRED  PURSUANT  TO
   11  THIS  SUBPARAGRAPH.  NOTHING WITHIN THIS SUBPARAGRAPH SHALL PROHIBIT THE
   12  OFFICE OF CHILDREN AND FAMILY SERVICES FROM CONSULTING  WITH  LOCAL  LAW
   13  ENFORCEMENT ON ANY CHILD ABUSE OR MALTREATMENT REPORT;
   14    S  3.  This act shall take effect immediately; provided, however, that
   15  the amendments to section 424-c of  the  social  services  law  made  by
   16  section  one of this act shall not affect the repeal of such section and
   17  shall expire and be deemed repealed therewith;  and  provided,  further,
   18  that  the  amendments to section 45.07 of the mental hygiene law made by
   19  section two of this act shall not affect the repeal of such section  and
   20  shall expire and be deemed repealed therewith.