S1669-2011 Actions

• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 11, 2011: REFERRED TO CHILDREN AND FAMILIES

S1669-2011 Memo

BILL NUMBER:S1669

TITLE OF BILL:
An act
to amend the social services law, in relation to individuals who refuse
to participate in an investigation being conducted by child protective
services

PURPOSE OR GENERAL IDEA OF BILL:
To create a system where a failure to participate (blatantly refusing
to allow an investigator in the home or meet with investigators) in a
child protective investigation would indicate that a more thorough
investigation is needed and would immediately issue a warrant:

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new subsection (e) to section 422-a of the social service law.
Subsection (i) states that if a child protective worker identifies
themselves and is carrying an ID card proving that they are, in fact,
a child protective worker, and the subject of the investigation (i.e.
parent or guardian) blatantly refuses to meet with the worker or let
them into the home, the parent or guardian will have twenty-four
hours to comply with the request for a meeting or a home visit.

Subsection (ii) states that the child protective agency will be
responsible for informing the parent or guardian that the twenty�four
hours have lapsed. If the individual is still refusing to meet with
child protective workers than this should indicate a need for a more
thorough investigation and an immediate warrant will be issued in
order to evaluate the safety and well-being of the child or children.
This action will be taken upon the first blatant refusal of the parent
or guardian.
Blatant refusal is defined as verbally refusing a meeting or refusing
to meet with investigators by using physical force.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
There is currently no action or lack of action that calls for an
immediate warrant for child protective workers to investigate a case
under current law. Presently, if the agency pursues a warrant or not
depends
upon the judgment of each individual case worker's opinions on each
individual case.

This bill provides child protective workers with the power and
authority to pursue an immediate warrant if the subject of the
investigation (i.e. parent or guardian) blatantly refuse to
participate in the investigation by refusing to meet with workers or
by refusing a home visit. This would occur upon the first refusal to
participate and would provide an opportunity for child protective
workers to meet with the family in order to evaluate if the
child/children are in imminent danger.

JUSTIFICATION:
After the tragic death of Nixzmary Brown, age 7, who was brutally
tortured and murdered by her stepfather, some sources have indicated
that her stepfather refused to comply with the child protective
worker's request for a meeting with the family within their home.
There was talk of pursuing a warrant, but child protective services
never followed through. It has now become clear that some of the
subjective nature of child protective investigations must be removed.

Defining specific circumstances that would issue an immediate warrant
would eliminate the subjectivity of when a warrant would be issued
and for what behaviors or actions. One specific' circumstance that
should be an indication that an immediate warrant be issued is a
parent or guardian's blatant refusal to meet with a investigator from
child protective services or allow such an investigator into their
home. Meeting with investigators, especially within the family's
home, provides critical information regarding the safety and
well-being of the child or children. These meetings are necessary in
helping to keep children out of harm's way.

LEGISLATIVE HISTORY:
S.2156 of 2007
02/01/07 Referred to Social Services, Children & Families
S.131 of 2009
01/07/09 REFERRED TO SOCIAL SERVICES, CHILDREN & FAMILIES
01/16/09 REFERRED TO CHILDREN & FAMILIES
01/06/10 REFERRED TO SOCIAL SERVICES, CHILDREN & FAMILIES
01/20/10 COMMITTEE DISCHARGED AND COMMITTED TO CHILDREN & FAMILIES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1669-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1669
 2011-2012 Regular Sessions
 I N  SENATE
 January 11, 2011
 
 Introduced  by  Sen. SAMPSON -- 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 individuals  who
 refuse  to  participate  in  an investigation being conducted by child
 protective services
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 1 of section 422-a of the social services law,
 as added by chapter 12 of the laws of 1996 and paragraph (d) as  amended
 by chapter 136 of the laws of 1999, is amended to read as follows:

 1.  Notwithstanding any inconsistent provision of law to the contrary,
 the  commissioner  or  a city or county social services commissioner may
 disclose information regarding the abuse or maltreatment of a  child  as
 set  forth  in  this  section,  and  the  investigation  thereof and any
 services related thereto if he or she determines  that  such  disclosure
 shall  not  be  contrary to the best interests of the child, the child's
 siblings or other children in the household and any one of the following
 factors are present:

 (a) the subject of the  report  has  been  charged  in  an  accusatory
 instrument with committing a crime related to a report maintained in the
 statewide central register; or
 (b) the investigation of the abuse or maltreatment of the child by the
 local  child  protective  service  or  the provision of services by such
 service has been publicly disclosed in a report required to be disclosed
 in the course of their official duties, by a law enforcement  agency  or
 official,  a  district  attorney, any other state or local investigative
 agency or official or by judge of the unified court system; or
 (c) there has been a prior knowing, voluntary, public disclosure by an
 individual concerning a report of child abuse or maltreatment  in  which
 such  individual  is  named  as  the subject of the report as defined by
 subdivision four of section four hundred twelve of this title; [or]
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05898-01-1
 
       S. 1669                             2
 (d) the child named in the report has died or the report involves  the
 near fatality of a child. For the purposes of this section, "near fatal
 ity"  means  an act that results in the child being placed, as certified
 by a physician, in serious or critical condition; OR
 (E)  (I)  WHERE  THE  CHILD PROTECTIVE SERVICE REPRESENTATIVE DECLARES
 HIMSELF OR HERSELF AS AN EMPLOYEE OF SUCH CHILD PROTECTIVE  SERVICE  AND
 PRESENTS  AN IDENTIFICATION CARD PROVING SUCH EMPLOYMENT AND AN INDIVID
 UAL BLATANTLY REFUSES TO ALLOW SUCH CHILD PROTECTIVE  SERVICE  REPRESEN
 TATIVE ENTRANCE INTO SUCH INDIVIDUAL'S HOME OR REFUSES TO MEET WITH SUCH
 REPRESENTATIVE.   SUCH INDIVIDUAL WHO IS THE SUBJECT OF AN INVESTIGATION
 AND WHO IS BLATANTLY REFUSING SHALL HAVE  TWENTY-FOUR  HOURS  TO  COMPLY
 WITH SUCH MEETING OR HOME VISIT WITH SUCH REPRESENTATIVE.
 (II)  THE CHILD WELFARE AGENCY SHALL BE RESPONSIBLE FOR NOTIFYING SUCH
 INDIVIDUAL THAT THE TWENTY-FOUR HOURS HAVE LAPSED. IF AT SUCH TIME, SUCH
 INDIVIDUAL BLATANTLY REFUSES TO A MEETING OR HOME VISIT WITH SUCH REPRE
 SENTATIVE OF THE CHILD WELFARE AGENCY, SUCH  REFUSAL  SHALL  INDICATE  A
 NEED  FOR A MORE THOROUGH INVESTIGATION AND SHALL BE GROUNDS FOR ISSUING
 AN IMMEDIATE WARRANT TO ENTER SUCH INDIVIDUAL'S HOME TO INVESTIGATE  THE
 SAFETY AND WELL-BEING OF THE CHILD OR CHILDREN.  THIS ACTION SHALL OCCUR
 UPON  THE FIRST INSTANCE THAT SUCH INDIVIDUAL BLATANTLY REFUSES TO COOP
 ERATE WITH SUCH REPRESENTATIVE.   FOR  THE  PURPOSES  OF  THIS  SECTION,
 "BLATANT  REFUSAL" MEANS VERBALLY REFUSING OR REFUSING BY USING PHYSICAL
 FORCE.
 

S 2. This act shall take effect immediately.

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