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