Bill Text: NY S05573 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5573 (Prior Session Legislation)

Introduced

Bill Title: Relates to the standard of proof for unfounded and indicated reports of child abuse or maltreatment; requires a fair preponderance of evidence of the alleged abuse or maltreatment for a report to be indicated.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S05573 Detail]

Download: New_York-2019-S05573-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5573
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 7, 2019
                                       ___________
        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Children and Families
        AN ACT to amend the social services law, in relation to the standard  of
          proof for unfounded and indicated reports of abuse or maltreatment
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 6 and 7 of section 412 of the social  services
     2  law,  as  added by chapter 1039 of the laws of 1973 and as renumbered by
     3  chapter 323 of the laws of 2008, are amended to read as follows:
     4    6. An "unfounded report" means any report made pursuant to this
     5    title unless an investigation determines that [some credible evidence]
     6  a fair preponderance of evidence of the alleged  abuse  or  maltreatment
     7  exists;
     8    7. An "indicated report" means a report made pursuant to this title if
     9  an investigation determines that [some credible evidence] a fair prepon-
    10  derance of evidence of the alleged abuse or maltreatment exists.
    11    §  2.  This  act  shall take effect on the sixtieth day after it shall
    12  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11537-01-9