S734-2011: Provides that certain camps may make inquiries of and be provided with information from the statewide central register of child abuse and maltreatment


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Provides that certain camps may make inquiries of and be provided with information from the statewide central register of child abuse and maltreatment to determine if any person who may have contact with children is on file on such register.
Sponsor: ROBACH / Committee: CHILDREN AND FAMILIES
Law Section: Social Services Law / Law: Amd S424-a, Soc Serv L

S734-2011 Actions

S734-2011 Meetings

Rules: Jun 21, 2012

S734-2011 Calendars

Floor Calendar: Jun 18, 2012

S734-2011 Votes

VOTE: FLOOR VOTE: - Jun 18, 2012

Ayes (56): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins
VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2012

Ayes (22): Skelos, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Parker, Smith, Stewart-Cousins
Ayes W/R (1): Montgomery
Excused (2): Alesi, Perkins

S734-2011 Memo

BILL NUMBER:S734

TITLE OF BILL:
An act
to amend the social services law, in relation to the access of certain
information contained in the central register of child abuse and
maltreatment

PURPOSE:
Provides child protective services units with access to
criminal history reports of certain persons residing with children
alleged or suspected to be abused, maltreated, or neglected.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 9 of
section 835 of the executive law adding child protective services
unit of a local social services district; section 2 amends
subdivision 6 of section 424 of the social services law to permit
the supervisor of the child protective services to have access to
criminal history reports of persons residing with children alleged
or suspected to be abused, maltreated, or neglected.

JUSTIFICATION:
NYS Child Protective Service workers, who do not
have arrest authority, are virtually defenseless and at risk when
responding to alleged complaints of child abuse/neglect or
maltreatment. In addition to risking their own safety when making
required unannounced home visits, these workers are required to
make assessments about the safety and risk to a child victim and
other children living in the home. Access to criminal history
record checks of persons residing in the residence, or who are
named in a report of a child alleged to be abused/neglected or
maltreated, will assist CPS workers in making appropriate
assessments about the safety of the child(ren), and would reveal
persons who have violent criminal histories or who have previously
committed crimes against children. Children Protective Service
supervisors already handle confidential information and there are
penalties in existing law which cover the inappropriate release of
confidential information. By having this information in advance,
CPS workers could make appropriate decisions for a safer response
and would themselves be less at risk as well as having a fuller
understanding of the child's situation.

LEGISLATIVE HISTORY:
2008 - 2010 Referred to Social Services, Children and Families

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S734-2011 Text

 S T A T E   O F   N E W   Y O R K
 
734 2011-2012 Regular Sessions I N SENATE (PREFILED)
January 5, 2011
Introduced by Sen. ROBACH -- 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 access of certain information contained in the central register of child abuse and maltreatment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. Subparagraph (iv) of paragraph (b) of subdivision 1 of section 424-a of the social services law is renumbered subparagraph (v) and a new subparagraph (iv) is added to read as follows:
(IV) A CAMP SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-A OR THIR TEEN-B OF THE PUBLIC HEALTH LAW MAY INQUIRE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE OFFICE SHALL, UPON RECEIPT OF SUCH INQUIRY AND SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT AND WHO WILL HAVE THE POTEN TIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY THE AGENCY, IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREAT MENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.

S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02000-01-1

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