Bill Text: NY A06427 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires local child protective services to notify appropriate military personnel when a member of the armed forces is the subject of a report of child abuse or maltreatment; allows military law enforcement personnel to inquire of local child protective services whether any member of the armed forces is the subject of an indicated report on file with the statewide central register of child abuse and maltreatment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to children and families [A06427 Detail]

Download: New_York-2021-A06427-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6427

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 17, 2021
                                       ___________

        Introduced  by M. of A. BYRNE -- read once and referred to the Committee
          on Children and Families

        AN ACT to amend the social services law, in relation to requiring  local
          child  protective  services  to  notify appropriate military personnel
          when a member of the armed forces is the subject of a report of  child
          abuse or maltreatment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 424 of the social services law is amended by adding
     2  a new subdivision 3-a to read as follows:
     3    3-a. ascertain whether any subject of  a  report  of  suspected  child
     4  abuse  or maltreatment is a member of, or otherwise associated with, the
     5  armed forces of the United States.  If child protective services  deter-
     6  mines  that  such  subject is a member of, or otherwise associated with,
     7  the armed forces of the United States, such  child  protective  services
     8  shall  notify  and  send  a  copy of such report to the secretary of the
     9  United States department of defense that there is an allegation of abuse
    10  and neglect that relates to such member  of  the  armed  forces  of  the
    11  United States;
    12    §  2.  Subdivision  5-a  of section 424 of the social services law, as
    13  added by chapter 494 of the laws of 2006, is amended to read as follows:
    14    5-a. give telephone notice and forward immediately a copy  of  reports
    15  made  pursuant  to this title which involve suspected physical injury as
    16  described in paragraph (i) of subdivision (e)  of  section  ten  hundred
    17  twelve  of  the family court act or sexual abuse of a child or the death
    18  of a child to the appropriate local  law  enforcement  or  military  law
    19  enforcement,  when  applicable.  Investigations shall be conducted by an
    20  approved multidisciplinary investigative team, established  pursuant  to
    21  subdivision  six  of  section  four  hundred  twenty-three of this title
    22  provided that in counties without a multidisciplinary investigative team
    23  investigations shall be conducted  jointly  by  local  child  protective
    24  services  and  local  law  enforcement or military law enforcement, when
    25  applicable.   Provided however, that  co-reporting  in  these  instances
    26  shall  not  be  required  when the local social services district has an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09700-01-1

        A. 6427                             2

     1  approved protocol on joint investigations of child abuse  and  maltreat-
     2  ment between the local district and law enforcement. Such protocol shall
     3  be  submitted to the office of children and family services for approval
     4  and  the  office  shall  approve  or disapprove of such protocols within
     5  thirty days of submission. Nothing in this  subdivision  shall  prohibit
     6  local  child protective services from consulting with local law enforce-
     7  ment or military law enforcement, when applicable, on any child abuse or
     8  maltreatment report.
     9    § 3. Subdivision 5-b of section 424 of the  social  services  law,  as
    10  added by chapter 494 of the laws of 2006, is amended to read as follows:
    11    5-b.  shall  make an assessment in a timely manner of each report made
    12  pursuant to this  title  which  involves  suspected  maltreatment  which
    13  alleges  any  physical harm when the report is made by a person required
    14  to report pursuant to section four hundred thirteen of this title within
    15  six months of any other two reports that were indicated or may still  be
    16  pending  involving  the  same  child,  sibling, or other children in the
    17  household or the subject of the report to determine whether it is neces-
    18  sary to give notice of the report to the appropriate local law  enforce-
    19  ment  entity.  If  the  local  child protective services determines that
    20  local law enforcement or military law enforcement shall be given notice,
    21  they shall give telephone notice and immediately forward a copy  of  the
    22  reports  to  local  law enforcement or military law enforcement.  If the
    23  report is shared with local law enforcement or military law enforcement,
    24  investigations shall  be  conducted  by  an  approved  multidisciplinary
    25  investigative  team,  established pursuant to subdivision six of section
    26  four hundred twenty-three of this title provided that in counties  with-
    27  out  a  multidisciplinary  investigative  team  investigations  shall be
    28  conducted jointly by local  child  protective  services  and  local  law
    29  enforcement  or  military  law  enforcement,  when  applicable. Provided
    30  however, that co-reporting in these instances shall not be required when
    31  the local social services district has an  approved  protocol  on  joint
    32  investigations  of  child  abuse  and  maltreatment  between  the  local
    33  district and law enforcement. Such protocol shall be  submitted  to  the
    34  office of children and family services for approval and the office shall
    35  approve   or   disapprove  of  such  protocols  within  thirty  days  of
    36  submission. Nothing in this subdivision shall modify the requirements of
    37  this section. Nothing in this subdivision  shall  prohibit  local  child
    38  protective  services from consulting with local law enforcement or mili-
    39  tary law enforcement, when applicable on any child abuse or maltreatment
    40  report and nothing  in  this  subdivision  shall  prohibit  local  child
    41  protective  services  and local law enforcement or military law enforce-
    42  ment, or a multidisciplinary team from agreeing  to  co-investigate  any
    43  child abuse or maltreatment report.
    44    §  4.  Subdivision  1  of  section 424-a of the social services law is
    45  amended by adding a new paragraph (d-2) to read as follows:
    46    (d-2) The secretary of the department of defense of the United  States
    47  or  other  authorized  member  of  a military law enforcement agency may
    48  inquire of the department and the department may inform  such  secretary
    49  or  agency  and  the  subject  of the inquiry, whether any member of, or
    50  person otherwise associated with, the armed forced of the United  States
    51  is  the  subject  of an indicated child abuse and maltreatment report on
    52  file with the statewide central register of child  abuse  and  maltreat-
    53  ment.
    54    § 5. This act shall take effect immediately.
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