Bill Text: NY S03306 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts "Laura Cummings Law"; requires investigating officials of the department of social services or the office of children and family services to investigate the homes of adults about whom reports have been filed and requires such officials to apply for a court order allowing access to the home if two or more such reports have been filed regarding such adult and access thereto has been denied; makes failing to allow access to the subject of a report a misdemeanor; allows information sharing between protective services agencies.
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S03306 Detail]
Download: New_York-2011-S03306-Amended.html
Bill Title: Enacts "Laura Cummings Law"; requires investigating officials of the department of social services or the office of children and family services to investigate the homes of adults about whom reports have been filed and requires such officials to apply for a court order allowing access to the home if two or more such reports have been filed regarding such adult and access thereto has been denied; makes failing to allow access to the subject of a report a misdemeanor; allows information sharing between protective services agencies.
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S03306 Detail]
Download: New_York-2011-S03306-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3306--B Cal. No. 405 2011-2012 Regular Sessions I N S E N A T E February 16, 2011 ___________ Introduced by Sens. MAZIARZ, RANZENHOFER, ADDABBO, DeFRANCISCO, FUSCHIL- LO, GALLIVAN, GOLDEN, GRISANTI, KENNEDY, KRUEGER, LARKIN, LIBOUS, MARTINS, McDONALD, OPPENHEIMER, PERKINS, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the social services law, in relation to investigations of the homes of adults about whom reports have been filed and requir- ing officials to obtain a supervisor's approval or otherwise requiring application for a court order allowing access to the home; and to amend the penal law, in relation to criminalizing the act of denying access to an individual who is the subject of a report to child or adult protective services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Laura Cummings Law". 3 S 2. The section heading and opening paragraph of section 421 of the 4 social services law, as amended by chapter 718 of the laws of 1986, are 5 amended to read as follows: 6 Responsibility of the [department] OFFICE OF CHILDREN AND FAMILY 7 SERVICES. The [department] OFFICE OF CHILDREN AND FAMILY SERVICES 8 shall: 9 S 3. Paragraph (a) of subdivision 1 of section 473 of the social 10 services law, as amended by chapter 395 of the laws of 1995, is amended 11 to read as follows: 12 (a) receiving and investigating reports of seriously impaired individ- 13 uals who may be in need of protection; SUCH INVESTIGATIONS SHALL INCLUDE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08593-08-1 S. 3306--B 2 1 INVESTIGATION OF THE HOME OF AN IMPAIRED INDIVIDUAL NAMED IN THE REPORT, 2 INCLUDING BY THE AUTHORITY OF IMMEDIATE COURT ORDERS WHENEVER ACCESS 3 THERETO IS DENIED AS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE-A 4 OF THIS ARTICLE; 5 S 4. Section 473-c of the social services law is amended by adding a 6 new subdivision 1-a to read as follows: 7 1-A. EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IN 8 EVERY SITUATION WHERE A SOCIAL SERVICES OFFICIAL OR CASEWORKER, WHO IS 9 INVESTIGATING WHETHER AN ADULT IS IN NEED OF PROTECTIVE SERVICES, IS 10 DENIED ACCESS TO THAT ADULT TO SUFFICIENTLY ASSESS IF THAT ADULT IS IN 11 NEED OF SUCH SERVICES, THE OFFICIAL OR CASEWORKER SHALL IMMEDIATELY 12 DISCUSS THE MATTER WITH THE SUPERVISOR OF THE ADULT SERVICES DIVISION OF 13 THE SOCIAL SERVICES DISTRICT AS WELL AS WITH THE APPROPRIATE COUNTY 14 LEGAL COUNSEL ASSIGNED TO SUCH MATTERS, AND A DECISION SHALL BE MADE AS 15 TO THE APPROPRIATENESS OF SEEKING A COURT ORDER OF ACCESS PURSUANT TO 16 THIS SECTION. IF THE DECISION IS MADE TO SEEK AN ORDER, THAT SHALL OCCUR 17 FORTHWITH, AND IF THE DECISION IS NOT TO SEEK SUCH AN ORDER, IT SHALL BE 18 RECORDED WITH THE RATIONALE FOR SUCH DECISION IN THE RECORDS. 19 S 5. Subdivision 4 of section 473-c of the social services law, as 20 added by chapter 413 of the laws of 1986, is amended to read as follows: 21 4. If the court is satisfied that there is reasonable cause to believe 22 that a person in need of protective services for adults may be found at 23 the premises described in the application, that such person may be in 24 need of protective services for adults, and that access to such person 25 has been refused, it shall grant the application and issue an order 26 authorizing the social services official and such other individuals as 27 may be designated by the said official, accompanied by a police officer, 28 to enter the premises to conduct an assessment to determine whether the 29 person named in the application is in need of protective services for 30 adults. The [standard for proof and] procedure for such an authorization 31 shall be the same as for a search warrant under the criminal procedure 32 law. 33 S 6. Subparagraphs (y) and (z) of paragraph (A) of subdivision 4 of 34 section 422 of the social services law, subparagraph (y) as amended and 35 subparagraph (z) as added by section 1 of part A of chapter 327 of the 36 laws of 2007, are amended and a new subparagraph (aa) is added to read 37 as follows: 38 (y) members of a citizen review panel as established pursuant to 39 section three hundred seventy-one-b of this article; provided, however, 40 members of a citizen review panel shall not disclose to any person or 41 government official any identifying information which the panel has been 42 provided and shall not make public other information unless otherwise 43 authorized by statute; [and] 44 (z) an entity with appropriate legal authority in another state to 45 license, certify or otherwise approve prospective foster and adoptive 46 parents where disclosure of information regarding the prospective foster 47 or adoptive parents and other persons over the age of eighteen residing 48 in the home of such prospective parents is required by paragraph twenty 49 of subdivision (a) of section six hundred seventy-one of title forty-two 50 of the United States code[.]; AND 51 (AA) A SOCIAL SERVICES OFFICIAL WHO IS INVESTIGATING WHETHER AN ADULT 52 IS IN NEED OF PROTECTIVE SERVICES IN ACCORDANCE WITH THE PROVISIONS OF 53 SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER, AND WHEN SUCH OFFI- 54 CIAL STATES THAT HE OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT SUCH 55 PERSON MAY BE IN NEED OF PROTECTIVE SERVICES AND THAT SUCH PERSON MAY 56 HAVE BEEN THE SUBJECT OF A CHILD PROTECTIVE REPORT WITHIN THE LAST FIVE S. 3306--B 3 1 YEARS. SUCH INFORMATION MAY BE REQUESTED AND RELEASED ACROSS ALL SOCIAL 2 SERVICES DISTRICTS IN THE STATE. 3 S 7. Paragraphs (B), (C) and (D) of subdivision 4 of section 422 of 4 the social services law, as amended by chapter 677 of the laws of 1985, 5 are amended to read as follows: 6 (B) Notwithstanding any inconsistent provision of law to the contrary, 7 a city or county social services commissioner may withhold, in whole or 8 in part, the release of any information which he or she is authorized to 9 make available to persons or agencies identified in subparagraphs (a), 10 (k), [(l),] (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this 11 subdivision if such commissioner determines that such information is not 12 related to the purposes for which such information is requested or when 13 such disclosure will be detrimental to the child named in the report. 14 (C) A city or county social services commissioner who denies access by 15 persons or agencies identified in subparagraphs (a), (k), [(l),] (m), 16 (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this subdivision to 17 records, reports or other information or parts thereof maintained by 18 such commissioner in accordance with this title shall, within ten days 19 from the date of receipt of the request fully explain in writing to the 20 person requesting the records, reports or other information the reasons 21 for the denial. 22 (D) A person or agency identified in subparagraphs (a), (k), [(l),] 23 (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this subdivision 24 who is denied access to records, reports or other information or parts 25 thereof maintained by a local department pursuant to this title may 26 bring a proceeding for review of such denial pursuant to article seven- 27 ty-eight of the civil practice law and rules. 28 S 8. Section 195.05 of the penal law, as amended by chapter 269 of the 29 laws of 1998, is amended to read as follows: 30 S 195.05 Obstructing governmental administration in the second degree. 31 A person is guilty of obstructing governmental administration IN THE 32 SECOND DEGREE when he OR SHE intentionally obstructs, impairs or 33 perverts the administration of law or other governmental function or 34 prevents or attempts to prevent a public servant from performing an 35 official function[,]: 36 1. by means of intimidation, physical force or interference, or by 37 means of any independently unlawful act[, or]; 38 2. by means of interfering, whether or not physical force is involved, 39 with radio, telephone, television or other telecommunications systems 40 owned or operated by the state, or a county, city, town, village, fire 41 district or emergency medical service [or]; 42 3. by means of releasing a dangerous animal under circumstances evinc- 43 ing the actor's intent that the animal obstruct governmental adminis- 44 tration; OR 45 4. BY, WITH INTENT TO CONCEAL ABUSE AND/OR NEGLECT, DENYING OR 46 ATTEMPTING TO DENY AN INVESTIGATION OF CHILD PROTECTIVE SERVICES OR OF 47 ADULT PROTECTIVE SERVICES, ACCESS TO INTERVIEW AN ALLEGED VICTIM. 48 Obstructing governmental administration IN THE SECOND DEGREE is a 49 class A misdemeanor. 50 S 9. This act shall take effect immediately.