Bill Text: NY A09436 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes civil penalties for knowingly making a false report of suspected child abuse or mistreatment and creates procedures for determining whether such a violation has occurred.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-30 - referred to children and families [A09436 Detail]

Download: New_York-2013-A09436-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7128                                                  A. 9436
                             S E N A T E - A S S E M B L Y
                                    April 30, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
         ed,  and when printed to be committed to the Committee on Children and
         Families
       IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
         referred to the Committee on Children and Families
       AN  ACT  to  amend the social services law, in relation to false allega-
         tions of suspected child abuse and maltreatment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 422 of the social services law is amended by adding
    2  a new subdivision 15 to read as follows:
    3    15.  (A)  IN  ADDITION TO CRIMINAL PENALTIES AUTHORIZED BY ARTICLE TWO
    4  HUNDRED FORTY OF THE PENAL  LAW,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
    5  SERVICES,  OR LOCAL CHILD PROTECTIVE SERVICES ACTING THROUGH ITS COMMIS-
    6  SIONER, MAY SEEK A CIVIL PENALTY AGAINST  ANY  PERSON  WHO  BY  WORD  OR
    7  ACTION  KNOWINGLY  OR  WILLFULLY MAKES A REPORT TO THE STATEWIDE CENTRAL
    8  REGISTER OF CHILD ABUSE AND MALTREATMENT OR MAKES A REPORT TO ANY PERSON
    9  REQUIRED TO REPORT SUSPECTED CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO
   10  SECTION  FOUR  HUNDRED THIRTEEN OF THIS TITLE KNOWING THAT THE PERSON IS
   11  REQUIRED TO REPORT SUCH CASE, OF AN ALLEGED OCCURRENCE OF CHILD ABUSE OR
   12  MALTREATMENT WHICH SAID PERSON KNEW DID NOT IN FACT OCCUR OR EXIST.
   13    (B) THE MAXIMUM CIVIL PENALTY SHALL BE FIVE THOUSAND DOLLARS  FOR  THE
   14  FIRST  OCCURRENCE  AND  TEN  THOUSAND DOLLARS FOR EACH SUBSEQUENT OCCUR-
   15  RENCE. EACH FALSE REPORT CONSTITUTES A SEPARATE VIOLATION.
   16    (C) IF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  LOCAL  CHILD
   17  PROTECTIVE  SERVICES  ALLEGES THAT A PERSON HAS MADE A FALSE REPORT WITH
   18  THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE  AND  MALTREATMENT,  THE
   19  OFFICE OR SERVICE MUST NOTIFY SUCH PERSON THAT A HEARING WILL BE HELD TO
   20  DETERMINE  IF  A  VIOLATION  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION HAS
   21  OCCURRED. THE PERSON SHALL BE GIVEN A FULL STATEMENT OF THE  ALLEGATIONS
   22  AGAINST  HIM  OR HER, A NOTICE THAT A HEARING WILL BE HELD IN FRONT OF A
   23  NEUTRAL FACT FINDER WHO SHALL BE APPOINTED BY THE OFFICE OF CHILDREN AND
   24  FAMILY SERVICES OR THE LOCAL CHILD PROTECTIVE SERVICES, THAT THEY HAVE A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14796-01-4
       S. 7128                             2                            A. 9436
    1  RIGHT TO BE REPRESENTED BY COUNSEL, TO PRESENT EVIDENCE AND TO CROSS-EX-
    2  AMINE ANY WITNESSES AGAINST THEM AND THE RIGHT TO  APPEAL  ANY  DECISION
    3  THROUGH  A  FAIR HEARING. A FULL RECORD OF ANY PROCEEDING SHALL BE MADE.
    4  NOTICE  OF  SUCH ALLEGATIONS AND OF THE HEARING SHALL BE SERVED UPON ANY
    5  SUCH PERSON BY PERSONAL SERVICE, BY PROMINENTLY PLACING SUCH NOTICE UPON
    6  THE PERSON'S DOOR AND MAILING THE NOTICE BY FIRST CLASS MAIL, OR THROUGH
    7  CERTIFIED MAIL, RETURN RECEIPT REQUESTED  TO  THE  PERSON'S  LAST  KNOWN
    8  ADDRESS. THE OFFICE OR DISTRICT MUST ESTABLISH BY A PREPONDERANCE OF THE
    9  EVIDENCE THAT A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION OCCURRED.
   10    (D)  IN  DETERMINING  THE  AMOUNT  OF  FINE TO BE IMPOSED, IF ANY, THE
   11  FOLLOWING FACTORS SHALL BE CONSIDERED:
   12    (I) THE GRAVITY OF THE VIOLATION, INCLUDING THE PROBABILITY THAT SERI-
   13  OUS PHYSICAL OR  EMOTIONAL  HARM  TO  ANY  PERSON  WILL  RESULT  OR  HAS
   14  RESULTED,  THE  SEVERITY OF THE ACTUAL OR POTENTIAL HARM, AND THE NATURE
   15  OF THE FALSE ALLEGATION.
   16    (II) ACTIONS TAKEN BY THE FALSE REPORTER TO RETRACT THE  FALSE  REPORT
   17  AS  AN  ELEMENT OF MITIGATION, OR, IN CONTRAST, TO ENCOURAGE AN INVESTI-
   18  GATION ON THE BASIS OF FALSE INFORMATION.
   19    (III) ANY PREVIOUS FALSE REPORTS FILED BY THE SAME INDIVIDUAL.
   20    (E) A PERSON WHO IS DETERMINED TO HAVE FILED A FALSE REPORT  OF  ABUSE
   21  OR  MALTREATMENT  IS  NOT ENTITLED TO CONFIDENTIALITY OTHERWISE REQUIRED
   22  FOR ALL INFORMATION CONTAINED IN THE CENTRAL REGISTER. SUBSEQUENT TO THE
   23  CONCLUSION OF ALL PROCEEDINGS WHERE IT IS DETERMINED THAT A FALSE REPORT
   24  WAS FILED, THE NAME OF THE FALSE REPORTER AND THE NATURE OF   THE  FALSE
   25  REPORT MAY BE MADE PUBLIC IN WHOLE OR IN PART. SUCH INFORMATION SHALL BE
   26  ADMISSIBLE IN ANY CIVIL OR CRIMINAL PROCEEDING.
   27    (F)  ANY  PERSON MAKING A REPORT WHO IS ACTING IN GOOD FAITH IS IMMUNE
   28  FROM ANY LIABILITY UNDER THIS SECTION AND SHALL CONTINUE TO BE  ENTITLED
   29  TO HAVE THE CONFIDENTIALITY OF THEIR IDENTITY MAINTAINED.
   30    S 2. This act shall take effect immediately.