Bill Text: NY S03487 | 2017-2018 | General Assembly | Introduced


Bill Title: Requires police officers to receive training instruction for crimes involving sexual assaults; requires training for child protective services workers in certain instances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S03487 Detail]

Download: New_York-2017-S03487-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3487
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the executive law, in  relation  to  requisite  training
          instruction  for police officers for crimes involving sexual assaults;
          and to amend the social services law,  in  relation  to  training  for
          child protective services workers in certain instances
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 840 of the executive law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5. The council shall promulgate rules and regulations requiring train-
     4  ing and instruction for all  police  officers  with  respect  to  crimes
     5  involving  sexual assault. Such training and instruction, which shall be
     6  designed and presented in consultation  with  the  rape  crisis  centers
     7  experienced  in  assisting victims in this state, shall include, but not
     8  be limited to understanding rape and sexual abuse trauma and  psycholog-
     9  ical  issues  confronted  by  such  crime  victims, common attributes of
    10  offenders, fair treatment standards for crime victims pursuant to  arti-
    11  cle  twenty-three  of  this chapter, evidence gathering and preservation
    12  issues, interview techniques and information concerning the availability
    13  of local services for the victims of such  crimes.    All  new  officers
    14  shall  receive  such  training  and  instruction,  as  part of the basic
    15  curriculum at the state police academy or at municipal police academies,
    16  as applicable. The council shall promulgate such rules  and  regulations
    17  as  it deems necessary concerning periodic retraining of police officers
    18  regarding crimes involving sexual assault.
    19    § 2. The opening and closing paragraphs of subdivision  3  of  section
    20  421  of  the  social  services  law, the opening paragraph as amended by
    21  chapter 718 of the laws of 1986 and the closing paragraph as amended  by
    22  chapter 320 of the laws of 1990, are amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08614-01-7

        S. 3487                             2
     1    promulgate  regulations setting forth requirements for the performance
     2  by local social services departments of the duties  and  powers  imposed
     3  and  conferred  upon them by the provisions of this title and of article
     4  ten of the family court act. Such regulations  shall  establish  uniform
     5  requirements  for  the  investigation  of  reports  of  child  abuse  or
     6  maltreatment under this title. The [department] office of  children  and
     7  family  services  shall  also issue guidelines which shall set forth the
     8  circumstances or conditions under which:
     9    The [department] office of children and family services shall  promul-
    10  gate  regulations to establish standards for the development of a train-
    11  ing curriculum for  child  protective  services  workers  which  teaches
    12  appropriate  investigatory  techniques  for  reports of sexual abuse and
    13  mandates on-going training for child protective services workers, stand-
    14  ards for intervention, criteria for case closings, criteria  for  deter-
    15  mining  whether  or  not  to initiate a child protective proceeding, and
    16  criteria for the formulation of treatment plans and for the delivery  of
    17  child  protective services including specification of the services to be
    18  classified as child protective services, which shall also apply  to  any
    19  society for the prevention of cruelty to children which has entered into
    20  a currently valid contract with a local department of social services to
    21  investigate child abuse or maltreatment reports. The [department] office
    22  of  children and family services shall promulgate regulations establish-
    23  ing minimum standards and practices for the delivery of child protective
    24  services in connection with monitoring and supervising  respondents  and
    25  their  families  as  ordered  by  a family court pursuant to section ten
    26  hundred thirty-nine and paragraphs (i), (iii), (iv) and (v) of  subdivi-
    27  sion  (a) of section ten hundred fifty-two of the family court act. Such
    28  regulations shall also require local child protective services to comply
    29  with notification requirements of the family  court  act  in  connection
    30  with such monitoring and supervisory responsibilities.
    31    §  3.  Paragraph  (b)  of  subdivision  5 of section 421 of the social
    32  services law, as amended by chapter 525 of the laws of 2006, is  amended
    33  to read as follows:
    34    (b)  promulgate  regulations setting forth training requirements which
    35  shall specify, among other things, that all persons  hired  by  a  child
    36  protective  service on or after April first, nineteen hundred eighty-six
    37  shall have satisfactorily completed a course approved  by  the  [depart-
    38  ment]  office  of  children  and  family services within the first three
    39  months of employment, in the  fundamentals  of  child  protection.  Such
    40  course shall include at least basic training in the principles and tech-
    41  niques  of  investigations,  including relationships with other investi-
    42  gative bodies, legal issues in child protection, and methods of  remedi-
    43  ation,  diagnosis, treatment and prevention. Such regulations shall also
    44  specify that all persons employed by a child protective  service  on  or
    45  after December first, two thousand six shall satisfactorily complete six
    46  hours  of  annual in service training, beginning in their second year of
    47  employment. Such annual in service training shall include,  but  is  not
    48  limited to, review of the protocols for identification and investigation
    49  of  child  abuse  and maltreatment, any developments in legal, treatment
    50  and prevention issues in child protection, and review  and  analysis  of
    51  field experiences of child protective services workers.
    52    §  4.  Subdivision  7  of  section  421 of the social services law, as
    53  amended by chapter 718 of the laws  of  1986,  is  amended  to  read  as
    54  follows:
    55    7.  take all reasonable and necessary actions to assure that the local
    56  departments of social services are kept apprised on a current  basis  of

        S. 3487                             3
     1  the  laws,  regulations and policies of the [department] office of chil-
     2  dren and family services concerning child abuse and maltreatment.
     3    §  5.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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