Bill Text: NY S06951 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 6951 (Prior Session Legislation)

Introduced

Bill Title: Relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-03-10 - ordered to third reading cal.466 [S06951 Detail]

Download: New_York-2019-S06951-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6951

                    IN SENATE

                                     January 6, 2020
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        AN ACT to amend the family court act and the  social  services  law,  in
          relation  to  notice  of  indicated  reports of child maltreatment and
          changes of placement in child protective  and  voluntary  foster  care
          placement and review proceedings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 1017 of the family court  act,  as
     2  added by a chapter of the laws of 2019 amending the family court act and
     3  the social services law relating to notice of indicated reports of child
     4  maltreatment  and changes of placement in child protective and voluntary
     5  foster care placement and review proceedings, as proposed in legislative
     6  bills numbers S. 6215 and A. 7974, is amended to read as follows:
     7    5. In any case in which an order has  been  issued  pursuant  to  this
     8  article  remanding or placing a child in the custody of the local social
     9  services district, the social services  official  or  authorized  agency
    10  charged  with  custody or care of the child shall report any anticipated
    11  change in placement to the [attorneys for the parties and  the  attorney
    12  for  the  child not later than ten days prior to such change in any case
    13  in which the child is moved from the foster home or program  into  which
    14  he  or  she  has  been placed or in which the foster parents move out of
    15  state with the child; provided, however, that where an immediate  change
    16  of  placement  on  an  emergency  basis is required, the report shall be
    17  transmitted no later than the next business day  after  such  change  in
    18  placement  has  been  made.  The  social services official or authorized
    19  agency shall also submit a report to the attorneys for the  parties  and
    20  the attorney for the child or include in the placement change report any
    21  indicated  report of child abuse or maltreatment concerning the child or
    22  (if a person or persons caring for the child is or are  the  subject  of
    23  the report) another child in the same home within five days of the indi-
    24  cation  of  the report. The official or agency may protect the confiden-
    25  tiality of identifying or address information regarding  the  foster  or
    26  prospective  adoptive  parents.   Reports regarding indicated reports of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10897-02-0

        S. 6951                             2

     1  child abuse or maltreatment provided pursuant to this subdivision  shall
     2  include  a  statement  advising  recipients that the information in such
     3  report of child abuse or maltreatment shall be kept confidential,  shall
     4  be  used  only  in  connection  with  a proceeding under this article or
     5  related proceedings under this act and may not be redisclosed except  as
     6  necessary  for  such proceeding or proceedings and as authorized by law.
     7  Reports under this paragraph  may  be  transmitted  by  any  appropriate
     8  means,  including,  but not limited to, by electronic means or placement
     9  on the record during proceedings in family court] court and  the  attor-
    10  neys  for  the parties, including the attorney for the child, forthwith,
    11  but not later than one business day following  either  the  decision  to
    12  change  the  placement or the actual date the placement change occurred,
    13  whichever is sooner. Such notice shall indicate the date that the place-
    14  ment change is anticipated to occur or the  date  the  placement  change
    15  occurred,  as  applicable.  Provided,  however,  if such notice lists an
    16  anticipated date for the placement change,  the  local  social  services
    17  district  or  authorized  agency shall subsequently notify the court and
    18  attorneys for the parties, including the attorney for the child, of  the
    19  date  the  placement  change  occurred; such notice shall occur no later
    20  than one business day following the placement change.
    21    § 2. Subdivision (j) of section 1055 of the family court act, as added
    22  by a chapter of the laws of 2019 amending the family court act  and  the
    23  social  services  law  relating  to notice of indicated reports of child
    24  maltreatment and changes of placement in child protective and  voluntary
    25  foster care placement and review proceedings, as proposed in legislative
    26  bills numbers S. 6215 and A. 7974, is amended to read as follows:
    27    (j)  In  any  case  in which an order has been issued pursuant to this
    28  section placing a child in the custody or care of  the  commissioner  of
    29  social  services,  the  social  services  official  or authorized agency
    30  charged with custody of the child shall report any anticipated change in
    31  placement to the [attorneys for the parties and  the  attorney  for  the
    32  child  not later than ten days prior to such change in any case in which
    33  the child is moved from the foster home or program into which he or  she
    34  has  been  placed  or in which the foster parents move out of state with
    35  the child; provided, however, that where an immediate change  of  place-
    36  ment  on an emergency basis is required, the report shall be transmitted
    37  no later than the next business day after such change in  placement  has
    38  been  made. The social services official or authorized agency shall also
    39  submit a report to the attorneys for the parties and  the  attorney  for
    40  the child or include in the placement change report any indicated report
    41  of  child  abuse or maltreatment concerning the child or (if a person or
    42  persons caring for the child is or are the subject of the report) anoth-
    43  er child in the same home within five days  of  the  indication  of  the
    44  report.  The official or agency may protect the confidentiality of iden-
    45  tifying or address information regarding the foster or prospective adop-
    46  tive parents. Reports regarding indicated  reports  of  child  abuse  or
    47  maltreatment  provided  pursuant  to  this  subdivision  shall include a
    48  statement advising recipients that the information  in  such  report  of
    49  child  abuse  or  maltreatment shall be kept confidential, shall be used
    50  only in connection with a  proceeding  under  this  article  or  related
    51  proceedings  under  this act and may not be redisclosed except as neces-
    52  sary for such proceeding  or  proceedings  and  as  authorized  by  law.
    53  Reports  under  this  paragraph  may  be  transmitted by any appropriate
    54  means, including, but not limited to, by electronic means  or  placement
    55  on  the  record during proceedings in family court] court and the attor-
    56  neys for the parties, including the attorney for the  child,  forthwith,

        S. 6951                             3

     1  but  not  later  than  one business day following either the decision to
     2  change the placement or the actual date the placement  change  occurred,
     3  whichever is sooner. Such notice shall indicate the date that the place-
     4  ment  change  is  anticipated  to occur or the date the placement change
     5  occurred, as applicable. Provided, however,  if  such  notice  lists  an
     6  anticipated  date  for  the  placement change, the local social services
     7  district or authorized agency shall subsequently notify  the  court  and
     8  attorneys  for the parties, including the attorney for the child, of the
     9  date the placement change occurred; such notice  shall  occur  no  later
    10  than one business day following the placement change.
    11    §  3.  Clause  (H) of subparagraph (vii) of paragraph 2 of subdivision
    12  (d) of section 1089 of the family court act, as added by  a  chapter  of
    13  the  laws  of 2019 amending the family court act and the social services
    14  law relating to notice of indicated reports of  child  maltreatment  and
    15  changes  of  placement  in  child  protective  and voluntary foster care
    16  placement and review  proceedings,  as  proposed  in  legislative  bills
    17  numbers S. 6215 and A. 7974, is amended to read as follows:
    18    (H) a direction that the social services official or authorized agency
    19  charged  with care and custody or guardianship and custody of the child,
    20  as applicable, report any anticipated change in placement to the [attor-
    21  neys for the parties and the attorney for the child not later  than  ten
    22  days  prior  to such change in any case in which the child is moved from
    23  the foster home or program into which he or she has been  placed  or  in
    24  which  the  foster  parents  move out of state with the child; provided,
    25  however, that where an immediate change of  placement  on  an  emergency
    26  basis  is  required,  the  report shall be transmitted no later than the
    27  next business day after such change in  placement  has  been  made.  The
    28  social services official or authorized agency shall also submit a report
    29  to  the  attorneys  for  the  parties  and the attorney for the child or
    30  include in the placement change report any  indicated  report  of  child
    31  abuse  or  maltreatment  concerning the child or (if a person or persons
    32  caring for the child is or are the subject of the report) another  child
    33  in  the  same home within five days of the indication of the report. The
    34  official or agency may protect the  confidentiality  of  identifying  or
    35  address   information  regarding  the  foster  or  prospective  adoptive
    36  parents. Reports under this paragraph shall not be sent to attorneys for
    37  birth parents whose parental rights have been  terminated  or  who  have
    38  surrendered their child or children. Reports regarding indicated reports
    39  of  child  abuse  or  maltreatment provided pursuant to this subdivision
    40  shall include a statement advising recipients that  the  information  in
    41  such  report  of child abuse or maltreatment shall be kept confidential,
    42  shall be used only in connection with a proceeding under this article or
    43  related proceedings under this act and may not be redisclosed except  as
    44  necessary  for  such proceeding or proceedings and as authorized by law.
    45  Reports under this paragraph may be transmitted by any appropriate means
    46  including, but not limited to, by electronic means or placement  on  the
    47  record  during  proceedings in family court] court and the attorneys for
    48  the parties, including the attorney for the child,  forthwith,  but  not
    49  later  than one business day following either the decision to change the
    50  placement or the actual date the placement change occurred, whichever is
    51  sooner. Such notice shall indicate the date that the placement change is
    52  anticipated to occur or the  date  the  placement  change  occurred,  as
    53  applicable.  Provided, however, if such notice lists an anticipated date
    54  for the placement change, the local social services district or  author-
    55  ized  agency  shall  subsequently notify the court and attorneys for the
    56  parties, including the attorney for the child, of the date the placement

        S. 6951                             4

     1  change occurred; such notice shall occur no later than one business  day
     2  following the placement change; and
     3    §  4.  Paragraph  (g)  of subdivision 3 of section 358-a of the social
     4  services law, as added by a chapter of the laws  of  2019  amending  the
     5  family court act and the social services law relating to notice of indi-
     6  cated  reports  of  child maltreatment and changes of placement in child
     7  protective and voluntary foster care placement and  review  proceedings,
     8  as proposed in legislative bills numbers S. 6215 and A. 7974, is amended
     9  to read as follows:
    10    (g)  In  any  case  in which an order has been issued pursuant to this
    11  section  approving  a  foster  care  placement  instrument,  the  social
    12  services  official  or authorized agency charged with custody or care of
    13  the child shall report  any  anticipated  change  in  placement  to  the
    14  [attorneys for the parties and the attorney for the child not later than
    15  ten  days  prior  to such change in any case in which the child is moved
    16  from the foster home or program into which he or she has been placed  or
    17  in  which the foster parents move out of state with the child; provided,
    18  however, that where an immediate change of  placement  on  an  emergency
    19  basis  is  required,  the  report shall be transmitted no later than the
    20  next business day after such change in placement has  been  made.    The
    21  social services official or authorized agency shall also submit a report
    22  to  the  attorneys  for  the  parties  and the attorney for the child or
    23  include in the placement change report any  indicated  report  of  child
    24  abuse  or  maltreatment  concerning the child or (if a person or persons
    25  caring for the child is or are the subject of the report) another  child
    26  in  the  same home within five days of the indication of the report. The
    27  official or agency may protect the  confidentiality  of  identifying  or
    28  address   information  regarding  the  foster  or  prospective  adoptive
    29  parents.    Reports  regarding  indicated  reports  of  child  abuse  or
    30  maltreatment  provided  pursuant  to  this  subdivision  shall include a
    31  statement advising recipients that the information  in  such  report  of
    32  child  abuse  or  maltreatment shall be kept confidential, shall be used
    33  only in connection with a  proceeding  under  this  section  or  related
    34  proceedings under the family court act and may not be redisclosed except
    35  as  necessary  for  such  proceeding or proceedings and as authorized by
    36  law.  Reports under this paragraph may be transmitted by any appropriate
    37  means including, but not limited to, by electronic means or placement on
    38  the record during proceedings in family court] court and  the  attorneys
    39  for  the  parties,  including the attorney for the child, forthwith, but
    40  not later than one business day following either the decision to  change
    41  the placement or the actual date the placement change occurred, whichev-
    42  er  is  sooner.  Such  notice shall indicate the date that the placement
    43  change is  anticipated  to  occur  or  the  date  the  placement  change
    44  occurred,  as  applicable.  Provided,  however,  if such notice lists an
    45  anticipated date for the placement change,  the  local  social  services
    46  district  or  authorized  agency shall subsequently notify the court and
    47  attorneys for the parties, including the attorney for the child, of  the
    48  date  the  placement  change  occurred; such notice shall occur no later
    49  than one business day following the placement change.
    50    § 5. This act shall take effect on the  same  date  and  in  the  same
    51  manner  as  a  chapter of the laws of 2019 amending the family court act
    52  and the social services law relating to notice of indicated  reports  of
    53  child  maltreatment  and  changes  of  placement in child protective and
    54  voluntary foster care placement and review proceedings, as  proposed  in
    55  legislative bills numbers S. 6215 and A. 7974, takes effect.