Bill S4844-2015

Relates to expanding orders of protection to cover child protective services workers

Expands orders of protection to cover child protective services workers.

Details

Actions

  • Apr 21, 2015: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S4844

TITLE OF BILL:

An act to amend the family court act, in relation to expanding orders of protection to cover child protective services caseworkers

PURPOSE:

SUMMARY OF PROVISIONS:

Section 1: paragraph (i) of subdivision 1 of section 1056 of family court act, is relettered paragraph (j) and a new paragraph (i) is added.

Section 2: Sets effective date.

JUSTIFICATION:

CPS caseworkers operate in exceptionally difficult circumstances that frequently become dangerous. The job of the caseworker is to go into family settings and look for signs of physical, sexual, and emotional abuse as well as passive and active neglect. By law, caseworkers must take appropriate action to protect the victim, often inciting anger and aggressive behavior from another member of the family.

Under current law, CPS caseworkers cannot be granted an order of protection in Family Court, only in Criminal Court. The result is CPS caseworkers, who are being threatened, harassed or otherwise intimidated, remain vulnerable while they unnecessarily wait to go before a criminal court judge.

By allowing Family Court Judges to issue orders of protection for CPS caseworkers, this bill will provide the protection caseworkers deserve as they work to protect New York State's vulnerable children.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4844 2015-2016 Regular Sessions IN SENATE April 21, 2015 ___________
Introduced by Sen. AMEDORE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to expanding orders of protection to cover child protective services caseworkers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (i) of subdivision 1 of section 1056 of the fami- ly court act, is relettered paragraph (j) and a new paragraph (i) is added to read as follows: (I) TO STAY AWAY FROM THE HOME OR PLACE OF EMPLOYMENT OF ANY CASEWORK- ER CURRENTLY ASSIGNED TO THE CHILD BY THE APPROPRIATE CHILD PROTECTIVE AGENCY, AS DEFINED BY SUBDIVISION (I) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE; S 2. This act shall take effect immediately.

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