Bill Text: NY A08388 | 2021-2022 | General Assembly | Introduced

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Bill Title: Clarifies that in child protective proceedings and permanency hearings for children placed out of their homes, the social worker-client privilege shall not be a ground for excluding evidence in a hearing to secure an order of protection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A08388 Detail]

Download: New_York-2021-A08388-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8388

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the family court act, in relation to admissible evidence
          in court proceedings to secure an order of protection

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

     1    Section  1.  Paragraph (vii) of subdivision (a) of section 1046 of the
     2  family court act, as amended by chapter 432 of  the  laws  of  1993,  is
     3  amended to read as follows:
     4    (vii)  neither  the privilege attaching to confidential communications
     5  between husband and wife, as set forth in section forty-five hundred two
     6  of the civil practice law  and  rules,  nor  the  physician-patient  and
     7  related  privileges,  as set forth in section forty-five hundred four of
     8  the civil practice law and rules, nor the psychologist-client privilege,
     9  as set forth in section forty-five hundred seven of the  civil  practice
    10  law  and  rules, nor the social worker-client privilege, as set forth in
    11  section forty-five hundred eight of the civil practice  law  and  rules,
    12  nor  the rape crisis counselor-client privilege, as set forth in section
    13  forty-five hundred ten of the civil practice law and rules, shall  be  a
    14  ground  for  excluding  evidence  which  otherwise  would be admissible.
    15  Specifically, the social worker-client privilege shall not be  a  ground
    16  for  excluding  evidence  which would otherwise be admissible in a court
    17  hearing to secure an order of protection.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13262-01-1