S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4225

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred to the
  Committee on Children and Families

AN ACT to amend the social services law, in relation to  information  in
  child fatality reports

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (b) and (c) of subdivision 5 of  section  20  of
the  social services law, as amended by chapter 544 of the laws of 2014,
are amended to read as follows:
  (b) Such report shall CONTAIN A FACTUAL SECTION WHICH WILL include (i)
the cause of death, whether from natural or other causes, (ii) identifi-
cation of child protective or other services provided or  actions  taken
regarding  such  child and his or her family, (iii) any extraordinary or
pertinent information concerning the circumstances of the child's death,
(iv) whether the child or the child's family  had  received  assistance,
care or services from the social services district prior to such child's
death,  AND  (v)  any  action or further investigation undertaken by the
[department] OFFICE OF CHILDREN AND FAMILY  SERVICES  or  by  the  local
social services district since the death of the child[, (vi)].  IT SHALL
ALSO  INCLUDE, as appropriate, A FINDINGS SECTION CONTAINING recommenda-
tions for local or state administrative or policy changes,  and  [(vii)]
written  comments  as  may  be  provided  by  any  local social services
district referenced in such report.
  Such report shall contain no information that would identify the  name
of  the  deceased child, his or her siblings, the parent or other person
legally responsible for the child or any other members  of  the  child's
household,  but shall refer instead to the case, which may be denoted in
any fashion determined appropriate by the [department] OFFICE  OF  CHIL-
DREN  AND FAMILY SERVICES or a local social services district. In making
THE FACTUAL SECTION OF a fatality report  available,  THE  OFFICE  SHALL
DETERMINE  WHETHER  DISCLOSURE  OF SUCH FACTUAL SECTION OF THE REPORT to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08193-01-5
              

A. 4225                             2

the public pursuant to paragraph (c) of this subdivision[,  the  depart-
ment  may  respond  to  a  child specific request for such report if the
commissioner determines that such disclosure is not] WILL BE contrary to
the best interests of the deceased child's siblings or other children in
the  household,  pursuant  to  subdivision  five of section four hundred
twenty-two-a of this chapter. Except as it may  apply  directly  to  the
cause  of  the  death  of  the  child, nothing herein shall be deemed to
authorize the release or disclosure to the public of  the  substance  or
content  of  any  psychological,  psychiatric,  therapeutic, clinical or
medical reports, evaluations or like materials or information pertaining
to such child or the child's family.
  (c) Thirty days prior to the release of the  report  the  [department]
OFFICE OF CHILDREN AND FAMILY SERVICES shall forward the proposed report
to  each local social services district referenced in the report. Within
twenty days thereafter each local social services district  may  provide
written  comments  which  the [department] OFFICE OF CHILDREN AND FAMILY
SERVICES shall include within the report.  No later than six months from
the date of the death of such child, the [department] OFFICE OF CHILDREN
AND FAMILY SERVICES shall forward its  report  to  the  social  services
district,  chief  county  executive  officer,  chairperson  of the local
legislative body of the county where the child's death occurred and  the
social services district which had care and custody or custody and guar-
dianship of the child, if different. The [department] OFFICE OF CHILDREN
AND  FAMILY  SERVICES shall notify the temporary president of the senate
and the speaker of the assembly as to the issuance of such reports  and,
in  addition  to  the requirements of section seventeen of this chapter,
shall submit an annual cumulative report to the governor and the  legis-
lature  incorporating the data in the above reports and including appro-
priate findings and recommendations. Such reports concerning  the  death
of  a  child and such cumulative reports shall immediately thereafter be
made available  to  the  public  after  such  forwarding  or  submittal;
PROVIDED, HOWEVER, THAT IF SUCH OFFICE DETERMINES THAT DISCLOSURE OF THE
FACTUAL  SECTION  OF  A  REPORT  CONCERNING THE DEATH OF A CHILD WILL BE
CONTRARY TO THE BEST INTERESTS OF THE DECEASED CHILD'S SIBLINGS OR OTHER
CHILDREN IN THE HOUSEHOLD PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
THEN ONLY THE FINDINGS SECTION OF THE REPORT SHALL BE  RELEASED  TO  THE
PUBLIC.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.