Relates to permitting social services officials in an adult protective service investigation access to certain confidential records under the child abuse and maltreatment registry when such official has reasonable cause to believe that such person may be in need of protective services due to the actions of an individual or individuals that had access to such adult when he or she was a child.
TITLE OF BILL: An act to amend the social services law, in relation to permitting social services officials investigating whether an adult is in need of protective services to have access to certain confidential reports
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to equip adult protective services workers with information that will better enable them to investigate a case of a person who may be in need of protective services.
SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill would add to the list of entities which may receive records of indicated reports of child abuse and maltreatment maintained in the Statewide Central Register of Child Abuse and Maltreatment (SCR); a social services official who is investigating a case of a person who may be in need of protective services. The social services official would have access to such information if he or she has reasonable cause to believe that an adult is in need of protective services due to the actions of a person who had access to him or her as a child, and such information is necessary to assist in the investigation.
Section two sets an effective date of immediately.
JUSTIFICATION: Each local social services district is charged with investigating cases of adults who, due to physical or mental impairments, may be unable to care for themselves. In some cases, these adults may be in need of protective services due to abuse or neglect on the part of caretakers who abused or neglected them as children. Currently, adult protective services workers are unable to access information regarding abuse or neglect of a child who, due to becoming 13 years old, has become the subject of an adult protective services rather than child protective services case. Such information would be critical to an ongoing investigation by establishing patterns which may shed light on the circumstances in the home. This was the case in the death of Laura Cummings, a 2.3 year old developmentally disabled adult who was murdered by her caretakers in January of 2010. Despite a history of child protective services involvement with the family, the adult protective services workers were not privy to information that might have better informed them of her need for protective services.
This bill would allow a social services official to access information related to indicated reports of child abuse and neglect if such information is necessary to further and adult protective services investigation, and the social services official has reasonable cause to believe that an adult may be in need of protective services due to the actions of an individual who had access to him or her as a child.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 5470 2011-2012 Regular Sessions IN SENATE May 25, 2011 ___________Introduced by Sen. MAZIARZ -- 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 permitting social services officials investigating whether an adult is in need of protective services to have access to certain confidential reports 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 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, WHEN SUCH OFFICIAL HAS REASONABLE CAUSE TO BELIEVE SUCH ADULT MAY BE IN NEED OF PROTECTIVE SERVICES DUE TO THE CONDUCT OF AN INDIVIDUAL OR INDIVIDUALS WHO HAD ACCESS TO SUCH ADULT WHEN SUCH ADULT WAS A CHILD AND THAT SUCH REPORTS AND INFORMATION ARE NEEDED TO FURTHER THE PRESENT 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. LBD11521-01-1