Bill Text: NY A08430 | 2013-2014 | General Assembly | Introduced

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Bill Title: Assists mandated reporters of child abuse or maltreatment to maintain the child's safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-15 - referred to children and families [A08430 Detail]

Download: New_York-2013-A08430-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6344                                                  A. 8430
                             S E N A T E - A S S E M B L Y
                                   January 15, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
         ed,  and when printed to be committed to the Committee on Children and
         Families
       IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
         referred to the Committee on Children and Families
       AN  ACT  to  amend  the  social  services  law, in relation to assisting
         mandated reporters of child abuse  or  maltreatment  to  maintain  the
         child's safety
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The second  undesignated  paragraph  of  paragraph  (A)  of
    2  subdivision  4  of section 422 of the social services law, as amended by
    3  section 6 of part D of chapter 501 of the laws of 2012,  is  amended  to
    4  read as follows:
    5    After a child, other than a child in residential care, who is reported
    6  to  the  central  register  of  abuse or maltreatment reaches the age of
    7  eighteen years, access to a child's record under subparagraphs  (a)  and
    8  (b) of this paragraph shall be permitted only if a sibling or off-spring
    9  of  such  child is before such person and is a suspected victim of child
   10  abuse or maltreatment. In addition, a person  or  official  required  to
   11  make  a  report  of  suspected  child  abuse or maltreatment pursuant to
   12  section four hundred  thirteen  of  this  chapter  shall  receive,  upon
   13  request,  the  findings of an investigation made pursuant to this title.
   14  However, no information may be released unless the person or  official's
   15  identity  is  confirmed by the office. [If the request for such informa-
   16  tion is made prior to the completion of an investigation  of  a  report,
   17  the  released  information  shall  be  limited  to whether the report is
   18  "indicated", "unfounded" or "under investigation",  whichever  the  case
   19  may  be.]  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WITHIN THIRTY
   20  CALENDAR DAYS AFTER RECEIPT OF A REPORT  OF  SUSPECTED  CHILD  ABUSE  OR
   21  MALTREATMENT  FROM  A  PERSON OR OFFICIAL REQUIRED TO MAKE SUCH A REPORT
   22  PURSUANT TO SECTION FOUR  HUNDRED  THIRTEEN  OF  THIS  TITLE,  A  COUNTY
   23  DEPARTMENT  SHALL  PROVIDE  THE  FOLLOWING  INFORMATION  TO THE MANDATED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13220-01-3
       S. 6344                             2                            A. 8430
    1  REPORTER FOR THE PURPOSE OF ASSISTING THE MANDATED REPORTER  IN  HIS  OR
    2  HER  PROFESSIONAL  AND  OFFICIAL ROLE IN MAINTAINING THE CHILD'S SAFETY:
    3  (I) THE NAME OF THE CHILD AND THE DATE IN WHICH  THE  REPORT  WAS  MADE;
    4  (II) WHETHER THE REFERRAL WAS ACCEPTED FOR ASSESSMENT; (III) WHETHER THE
    5  REFERRAL  WAS  CLOSED  WITHOUT  SERVICES;  (IV)  WHETHER  THE ASSESSMENT
    6  RESULTED IN SERVICES RELATED TO THE SAFETY OF THE  CHILD;  AND  (V)  THE
    7  NAME  AND  CONTACT INFORMATION FOR THE COUNTY CASEWORKER RESPONSIBLE FOR
    8  INVESTIGATING THE REFERRAL. If the request for such information is  made
    9  after  the  completion  of  an  investigation  of a report, the released
   10  information shall be limited to whether the  report  is  "indicated"  or
   11  "unfounded",  whichever  the  case  may be. A person given access to the
   12  names or other information identifying the subjects of  the  report,  or
   13  other  persons  named in the report, except the subject of the report or
   14  other persons named in the report, shall not divulge or make public such
   15  identifying information unless he or she is a district attorney or other
   16  law enforcement official and the purpose is to initiate court action  or
   17  the  disclosure  is  necessary  in  connection with the investigation or
   18  prosecution of the subject of the report for a  crime  alleged  to  have
   19  been  committed  by  the  subject  against  another  person named in the
   20  report. Nothing in  this  section  shall  be  construed  to  permit  any
   21  release,  disclosure  or  identification  of  the  names  or identifying
   22  descriptions of persons who  have  reported  suspected  child  abuse  or
   23  maltreatment  to  the statewide central register or the agency, institu-
   24  tion, organization, program or  other  entity  where  such  persons  are
   25  employed  or the agency, institution, organization or program with which
   26  they are associated without such persons' written permission  except  to
   27  persons,  officials,  and agencies enumerated in subparagraphs (e), (f),
   28  (h), (j), (l), (m) and (v) of this paragraph.
   29    S 2. This act shall take effect immediately.