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STATE OF NEW YORK
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7942

2011-2012 Regular Sessions

IN ASSEMBLY

May 25, 2011
___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the social services law, in relation  to  investigations
  of  the homes of adults about whom reports have been filed and requir-
  ing officials to obtain a supervisor's approval or otherwise requiring
  application for a court order allowing access  to  the  home;  and  to
  amend  the  penal law, in relation to criminalizing the act of denying
  access to an individual who is the subject of a  report  to  child  or
  adult protective services

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Laura Cummings Law".
  S  2.  The section heading and opening paragraph of section 421 of the
social services law, as amended by chapter 718 of the laws of 1986,  are
amended to read as follows:
  Responsibility  of  the  [department]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES.   The [department] OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
shall:
  S  3.    Paragraph  (a)  of subdivision 1 of section 473 of the social
services law, as amended by chapter 395 of the laws of 1995, is  amended
to read as follows:
  (a) receiving and investigating reports of seriously impaired individ-
uals who may be in need of protection; SUCH INVESTIGATIONS SHALL INCLUDE
INVESTIGATION OF THE HOME OF AN IMPAIRED INDIVIDUAL NAMED IN THE REPORT,
INCLUDING  BY  THE  AUTHORITY  OF IMMEDIATE COURT ORDERS WHENEVER ACCESS
THERETO IS DENIED AS SET FORTH IN SECTION FOUR  HUNDRED  SEVENTY-THREE-A
OF THIS ARTICLE;
  S  4.  Section 473-c of the social services law is amended by adding a
new subdivision 1-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08593-09-1
A. 7942                             2

  1-A. EXCEPT IN A CITY WITH A POPULATION OF ONE  MILLION  OR  MORE,  IN
EVERY  SITUATION  WHERE A SOCIAL SERVICES OFFICIAL OR CASEWORKER, WHO IS
INVESTIGATING WHETHER AN ADULT IS IN NEED  OF  PROTECTIVE  SERVICES,  IS
DENIED  ACCESS  TO THAT ADULT TO SUFFICIENTLY ASSESS IF THAT ADULT IS IN
NEED  OF  SUCH  SERVICES,  THE  OFFICIAL OR CASEWORKER SHALL IMMEDIATELY
DISCUSS THE MATTER WITH THE SUPERVISOR OF THE ADULT SERVICES DIVISION OF
THE SOCIAL SERVICES DISTRICT AS WELL  AS  WITH  THE  APPROPRIATE  COUNTY
LEGAL  COUNSEL ASSIGNED TO SUCH MATTERS, AND A DECISION SHALL BE MADE AS
TO THE APPROPRIATENESS OF SEEKING A COURT ORDER OF  ACCESS  PURSUANT  TO
THIS SECTION. IF THE DECISION IS MADE TO SEEK AN ORDER, THAT SHALL OCCUR
FORTHWITH, AND IF THE DECISION IS NOT TO SEEK SUCH AN ORDER, IT SHALL BE
RECORDED WITH THE RATIONALE FOR SUCH DECISION IN THE RECORDS.
  S  5.  Subdivision  4  of section 473-c of the social services law, as
added by chapter 413 of the laws of 1986, is amended to read as follows:
  4. If the court is satisfied that there is reasonable cause to believe
that a person in need of protective services for adults may be found  at
the  premises  described  in the application, that such person may be in
need of protective services for adults, and that access to  such  person
has  been  refused,  it  shall  grant the application and issue an order
authorizing the social services official and such other  individuals  as
may be designated by the said official, accompanied by a police officer,
to  enter the premises to conduct an assessment to determine whether the
person named in the application is in need of  protective  services  for
adults. The [standard for proof and] procedure for such an authorization
shall  be  the same as for a search warrant under the criminal procedure
law.
  S 6.  Subparagraphs (y) and (z) of paragraph (A) of subdivision  4  of
section  422 of the social services law, subparagraph (y) as amended and
subparagraph (z) as added by section 1 of part A of chapter 327  of  the
laws  of  2007, are amended and a new subparagraph (aa) is added to read
as follows:
  (y) members of a citizen  review  panel  as  established  pursuant  to
section  three hundred seventy-one-b of this article; provided, however,
members of a citizen review panel shall not disclose to  any  person  or
government official any identifying information which the panel has been
provided  and  shall  not make public other information unless otherwise
authorized by statute; [and]
  (z) an entity with appropriate legal authority  in  another  state  to
license,  certify  or  otherwise approve prospective foster and adoptive
parents where disclosure of information regarding the prospective foster
or adoptive parents and other persons over the age of eighteen  residing
in  the home of such prospective parents is required by paragraph twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code[.]; AND
  (AA) A SOCIAL SERVICES OFFICIAL WHO IS INVESTIGATING WHETHER AN  ADULT
IS  IN  NEED OF PROTECTIVE SERVICES IN ACCORDANCE WITH THE PROVISIONS OF
SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER, AND WHEN SUCH  OFFI-
CIAL  STATES  THAT  HE  OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT SUCH
PERSON MAY BE IN NEED OF PROTECTIVE SERVICES AND THAT  SUCH  PERSON  MAY
HAVE  BEEN THE SUBJECT OF A CHILD PROTECTIVE REPORT WITHIN THE LAST FIVE
YEARS.  SUCH INFORMATION MAY BE REQUESTED AND RELEASED ACROSS ALL SOCIAL
SERVICES DISTRICTS IN THE STATE.
  S 7.  Paragraphs (B), (C) and (D) of subdivision 4 of section  422  of
the  social services law, as amended by chapter 677 of the laws of 1985,
are amended to read as follows:
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  (B) Notwithstanding any inconsistent provision of law to the contrary,
a city or county social services commissioner may withhold, in whole  or
in part, the release of any information which he or she is authorized to
make  available  to persons or agencies identified in subparagraphs (a),
(k),  [(l),] (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this
subdivision if such commissioner determines that such information is not
related to the purposes for which such information is requested or  when
such disclosure will be detrimental to the child named in the report.
  (C) A city or county social services commissioner who denies access by
persons  or  agencies  identified in subparagraphs (a), (k), [(l),] (m),
(n)[,] AND (o)[, (p) and (q)] of paragraph (A) of  this  subdivision  to
records,  reports  or  other  information or parts thereof maintained by
such commissioner in accordance with this title shall, within  ten  days
from  the date of receipt of the request fully explain in writing to the
person requesting the records, reports or other information the  reasons
for the denial.
  (D)  A  person  or agency identified in subparagraphs (a), (k), [(l),]
(m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this  subdivision
who  is  denied access to records, reports or other information or parts
thereof maintained by a local department  pursuant  to  this  title  may
bring  a proceeding for review of such denial pursuant to article seven-
ty-eight of the civil practice law and rules.
  S 8. Section 195.05 of the penal law, as amended by chapter 269 of the
laws of 1998, is amended to read as follows:
S 195.05 Obstructing governmental administration in the second degree.
  A person is guilty of obstructing governmental administration  IN  THE
SECOND  DEGREE  when  he  OR  SHE  intentionally  obstructs,  impairs or
perverts the administration of law or  other  governmental  function  or
prevents  or  attempts  to  prevent  a public servant from performing an
official function[,]:
  1. by means of intimidation, physical force  or  interference,  or  by
means of any independently unlawful act[, or];
  2. by means of interfering, whether or not physical force is involved,
with  radio,  telephone,  television or other telecommunications systems
owned or operated by the state, or a county, city, town,  village,  fire
district or emergency medical service [or];
  3. by means of releasing a dangerous animal under circumstances evinc-
ing  the  actor's  intent that the animal obstruct governmental adminis-
tration; OR
  4. BY, WITH  INTENT  TO  CONCEAL  ABUSE  AND/OR  NEGLECT,  DENYING  OR
ATTEMPTING  TO  DENY AN INVESTIGATION OF CHILD PROTECTIVE SERVICES OR OF
ADULT PROTECTIVE SERVICES, ACCESS TO INTERVIEW AN ALLEGED VICTIM.
  Obstructing governmental administration IN  THE  SECOND  DEGREE  is  a
class A misdemeanor.
  S 9. This act shall take effect immediately.