Assembly Bill A9805

2013-2014 Legislative Session

Relates to providing counsel for the local department of social services the authority to subpoena records

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9805 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §1038, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2015-2016: A2583
2017-2018: A3152

2013-A9805 (ACTIVE) - Summary

Provides the counsel for a department of social services or his/her designee the authority to subpoena records for use in any investigation of any report received from the state central register or proceeding relating to abuse or neglect.

2013-A9805 (ACTIVE) - Bill Text download pdf 

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

                                  9805

                          I N  A S S E M B L Y

                              May 23, 2014
                               ___________

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

AN ACT to amend the family court act, in relation to allowing the  coun-
  sel for a local department of social services the authority to subpoe-
  na  records  for  use  in  any investigation or proceeding relating to
  abuse or neglect

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

  Section 1. Subdivision (a) of section 1038 of the family court act, as
separately  amended  by  chapters  272  and  724 of the laws of 1989, is
amended to read as follows:
  (a) Each hospital and any other public or private agency having custo-
dy of any records, photographs or other evidence relating  to  abuse  or
neglect, upon the subpoena of the court, the corporation counsel, county
attorney  OR  HIS  OR  HER DESIGNEE, COUNSEL FOR THE LOCAL DEPARTMENT OF
SOCIAL SERVICES OR HIS OR HER DESIGNEE, district attorney,  counsel  for
the  child,  or one of the parties to the proceeding OR AN INVESTIGATION
OF A REPORT RECEIVED FROM THE STATE CENTRAL REGISTER, shall be  required
to  send  such  records, photographs or evidence to the court for use in
any INVESTIGATION OF A REPORT RECEIVED FROM THE STATE  CENTRAL  REGISTER
OR  proceeding relating to abuse or neglect under this article. Notwith-
standing any other provision of law to the contrary, service of any such
subpoena on a hospital may be made by  certified  mail,  return  receipt
requested, OR BY PERSONAL SERVICE, to the director of the hospital.  The
court  shall  establish  procedures  for the receipt and safeguarding of
such records.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14823-01-4

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