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
                           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.
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