Bill Text: NY A04418 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the social services law, in relation to individuals who refuse to participate in an investigation being conducted by child protective services

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to children and families [A04418 Detail]

Download: New_York-2009-A04418-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4418
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2009
                                      ___________
       Introduced  by  M. of A. TOWNS, ALFANO, KOLB -- Multi-Sponsored by -- M.
         of A. COOK, REILLY -- read once and referred to the Committee on Chil-
         dren and Families
       AN ACT to amend the social services law, in relation to individuals  who
         refuse  to  participate  in  an investigation being conducted by child
         protective services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 422-a of the social services law,
    2  as added by chapter 12 of the laws of 1996 and paragraph (d) as  amended
    3  by chapter 136 of the laws of 1999, is amended to read as follows:
    4    1.  Notwithstanding any inconsistent provision of law to the contrary,
    5  the  commissioner  or  a city or county social services commissioner may
    6  disclose information regarding the abuse or maltreatment of a  child  as
    7  set  forth  in  this  section,  and  the  investigation  thereof and any
    8  services related thereto if he or she determines  that  such  disclosure
    9  shall  not  be  contrary to the best interests of the child, the child's
   10  siblings or other children in the household and any one of the following
   11  factors are present:
   12    (a) the subject of the  report  has  been  charged  in  an  accusatory
   13  instrument with committing a crime related to a report maintained in the
   14  statewide central register; or
   15    (b) the investigation of the abuse or maltreatment of the child by the
   16  local  child  protective  service  or  the provision of services by such
   17  service has been publicly disclosed in a report required to be disclosed
   18  in the course of their official duties, by a law enforcement  agency  or
   19  official,  a  district  attorney, any other state or local investigative
   20  agency or official or by judge of the unified court system; or
   21    (c) there has been a prior knowing, voluntary, public disclosure by an
   22  individual concerning a report of child abuse or maltreatment  in  which
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01972-01-9
       A. 4418                             2
    1  such  individual  is  named  as  the subject of the report as defined by
    2  subdivision four of section four hundred twelve of this title; [or]
    3    (d)  the child named in the report has died or the report involves the
    4  near fatality of a child. For the purposes of this section, "near fatal-
    5  ity" means an act that results in the child being placed,  as  certified
    6  by a physician, in serious or critical condition; OR
    7    (E)  (I)  WHERE  THE  CHILD PROTECTIVE SERVICE REPRESENTATIVE DECLARES
    8  HIMSELF OR HERSELF AS AN EMPLOYEE OF SUCH CHILD PROTECTIVE  SERVICE  AND
    9  PRESENTS  AN IDENTIFICATION CARD PROVING SUCH EMPLOYMENT AND AN INDIVID-
   10  UAL BLATANTLY REFUSES TO ALLOW SUCH CHILD PROTECTIVE  SERVICE  REPRESEN-
   11  TATIVE ENTRANCE INTO SUCH INDIVIDUAL'S HOME OR REFUSES TO MEET WITH SUCH
   12  REPRESENTATIVE.   SUCH INDIVIDUAL WHO IS THE SUBJECT OF AN INVESTIGATION
   13  AND WHO IS BLATANTLY REFUSING SHALL HAVE  TWENTY-FOUR  HOURS  TO  COMPLY
   14  WITH SUCH MEETING OR HOME VISIT WITH SUCH REPRESENTATIVE.
   15    (II)  THE CHILD WELFARE AGENCY SHALL BE RESPONSIBLE FOR NOTIFYING SUCH
   16  INDIVIDUAL THAT THE TWENTY-FOUR HOURS HAVE LAPSED. IF AT SUCH TIME, SUCH
   17  INDIVIDUAL BLATANTLY REFUSES TO A MEETING OR HOME VISIT WITH SUCH REPRE-
   18  SENTATIVE OF THE CHILD WELFARE AGENCY, SUCH  REFUSAL  SHALL  INDICATE  A
   19  NEED  FOR A MORE THOROUGH INVESTIGATION AND SHALL BE GROUNDS FOR ISSUING
   20  AN IMMEDIATE WARRANT TO ENTER SUCH INDIVIDUAL'S HOME TO INVESTIGATE  THE
   21  SAFETY AND WELL-BEING OF THE CHILD OR CHILDREN.  THIS ACTION SHALL OCCUR
   22  UPON  THE FIRST INSTANCE THAT SUCH INDIVIDUAL BLATANTLY REFUSES TO COOP-
   23  ERATE WITH SUCH REPRESENTATIVE.   FOR  THE  PURPOSES  OF  THIS  SECTION,
   24  "BLATANT  REFUSAL" MEANS VERBALLY REFUSING OR REFUSING BY USING PHYSICAL
   25  FORCE.
   26    S 2. This act shall take effect immediately.