Authorizes the release of child abuse reports to social services officials where such records and reports are necessary in order to conduct an adult protective service investigation.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the social services law, in relation to authorizing the release of child abuse reports to social services officials
SUMMARY OF PROVISIONS: SECTION 1 amends paragraph (A) of subdivision 4 of section 422 of the social services law to add a new subparagraph (aa) to add adult protective service officials to the list of persons to whom reports made pursuant to Social Services Law Title 6 regarding child abuse and maltreatment, together with any other records, may be made available when such information is necessary to conduct an adult protective service investigation.
SECTION 2 provides that this act shall take effect immediately.
PURPOSE AND JUSTIFICATION: In January, 2010, Laura Cummings, a twenty-three year old developmentally disabled young woman, was smothered to death by her mother. Evidence suggests that her death was preceded by years of torture and abuse. The local Adult Protective Services Department attempted to investigate complaints regarding her maltreatment, but was unable to access sealed records regarding child abuse and neglect that had been opened while Laura was a child that might have been of assistance in their investigation. If those records had been made available, this tragic death might have been avoided. Social Service Department officials indicate that there are many situations where an adult protective service investigation, intended to protect innocent adult victims of abuse, and particularly involving handicapped and developmentally disabled young people, can benefit from knowledge of the history of the family or the victim that is contained in the child abuse and maltreatment files.
EXISTING LAW: Social Services Law 422(4) lists persons to whom records regarding child abuse and maltreatment may be made available.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3224 2011-2012 Regular Sessions IN SENATE February 14, 2011 ___________Introduced by Sens. RANZENHOFER, MAZIARZ, DeFRANCISCO, GOLDEN -- 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 authorizing the release of child abuse reports to social services officials THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 UNDER ARTICLE NINE-B OF THIS CHAPTER WHEN SUCH OFFICIAL CERTIFIES THAT THE RECORDS AND REPORTS ARE NECESSARY IN ORDER TO CONDUCT AN ADULT PROTECTIVE SERVICE INVESTIGATION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01595-02-1