Bill Text: NY S01593 | 2023-2024 | 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) 2024-01-03 - REFERRED TO CODES [S01593 Detail]
Download: New_York-2023-S01593-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1593 2023-2024 Regular Sessions IN SENATE January 12, 2023 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 8 to read as follows: 3 8. 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: 23 promulgate regulations setting forth requirements for the performance 24 by local social services departments of the duties and powers imposed 25 and conferred upon them by the provisions of this title and of article 26 ten of the family court act. Such regulations shall establish uniform EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04402-01-3S. 1593 2 1 requirements for the investigation of reports of child abuse or 2 maltreatment under this title. The [department] office of children and 3 family services shall also issue guidelines which shall set forth the 4 circumstances or conditions under which: 5 The [department] office of children and family services shall promul- 6 gate regulations to establish standards for the development of a train- 7 ing curriculum for child protective services workers which teaches 8 appropriate investigatory techniques for reports of sexual abuse and 9 mandates on-going training for child protective services workers, stand- 10 ards for intervention, criteria for case closings, criteria for deter- 11 mining whether or not to initiate a child protective proceeding, and 12 criteria for the formulation of treatment plans and for the delivery of 13 child protective services including specification of the services to be 14 classified as child protective services, which shall also apply to any 15 society for the prevention of cruelty to children which has entered into 16 a currently valid contract with a local department of social services to 17 investigate child abuse or maltreatment reports. The [department] office 18 of children and family services shall promulgate regulations establish- 19 ing minimum standards and practices for the delivery of child protective 20 services in connection with monitoring and supervising respondents and 21 their families as ordered by a family court pursuant to section ten 22 hundred thirty-nine and paragraphs (i), (iii), (iv) and (v) of subdivi- 23 sion (a) of section ten hundred fifty-two of the family court act. Such 24 regulations shall also require local child protective services to comply 25 with notification requirements of the family court act in connection 26 with such monitoring and supervisory responsibilities. 27 § 3. Paragraph (b) of subdivision 5 of section 421 of the social 28 services law, as amended by chapter 525 of the laws of 2006, is amended 29 to read as follows: 30 (b) promulgate regulations setting forth training requirements which 31 shall specify, among other things, that all persons hired by a child 32 protective service on or after April first, nineteen hundred eighty-six 33 shall have satisfactorily completed a course approved by the [depart-34ment] office of children and family services within the first three 35 months of employment, in the fundamentals of child protection. Such 36 course shall include at least basic training in the principles and tech- 37 niques of investigations, including relationships with other investi- 38 gative bodies, legal issues in child protection, and methods of remedi- 39 ation, diagnosis, treatment and prevention. Such regulations shall also 40 specify that all persons employed by a child protective service on or 41 after December first, two thousand six shall satisfactorily complete six 42 hours of annual in service training, beginning in their second year of 43 employment. Such annual in service training shall include, but is not 44 limited to, review of the protocols for identification and investigation 45 of child abuse and maltreatment, any developments in legal, treatment 46 and prevention issues in child protection, and review and analysis of 47 field experiences of child protective services workers. 48 § 4. Subdivision 7 of section 421 of the social services law, as 49 amended by chapter 718 of the laws of 1986, is amended to read as 50 follows: 51 7. take all reasonable and necessary actions to assure that the local 52 departments of social services are kept apprised on a current basis of 53 the laws, regulations and policies of the [department] office of chil- 54 dren and family services concerning child abuse and maltreatment. 55 § 5. This act shall take effect on the ninetieth day after it shall 56 have become a law.
