S6563-2011 Actions

• May 8, 2012: referred to children and families
• May 8, 2012: DELIVERED TO ASSEMBLY
• May 8, 2012: PASSED SENATE
• May 2, 2012: ADVANCED TO THIRD READING
• May 1, 2012: 2ND REPORT CAL.
• Apr 30, 2012: 1ST REPORT CAL.619
• Feb 27, 2012: REFERRED TO CHILDREN AND FAMILIES

S6563-2011 Meetings

S6563-2011 Calendars

S6563-2011 Votes

S6563-2011 Memo

BILL NUMBER:S6563

TITLE OF BILL:

An  act  to amend the social services law and the mental hygiene law, in
relation to reports of abuse or neglect  in  residential  facilities  or
programs

PURPOSE:

Relates to reports of abuse or neglect of children in residential facil-
ities or programs.

SUMMARY OF PROVISIONS:

Section  1.  Amends  section 424-c of the social services law to provide
that the Commissioner of Children and  Family  Services  give  telephone
notice  and  immediately  forward a copy of statutorily required reports
detailing delineated acts of sexual of physical  abuse  of  a  child  to
appropriate law enforcement. Provides a local law enforcement agency may
afford  the  office  of  children  and family services an opportunity to
conduct any resulting investigation jointly.  Provides that law enforce-
ment may request in writing that there be additional reports for  speci-
fied  allegations.  Clarifies that nothing prohibits the office of chil-
dren and family services from consulting with local law  enforcement  on
any child abuse or maltreatment report.

Section  2.  Amends  section  45.07 of the mental hygiene law to provide
that the Commission on Quality of Care and  Advocacy  for  Persons  with
Disabilities  give  telephone  notice  and immediately forward a copy of
statutorily required reports detailing  delineated  acts  of  sexual  of
physical  abuse  of  a  child to appropriate law enforcement. Provides a
local law enforcement agency may afford the office of children and fami-
ly services an opportunity to conduct any resulting investigation joint-
ly. Provides that law enforcement may request in writing that  there  be
additional  reports  for  specified  allegations. Clarifies that nothing
prohibits the office of children and  family  services  from  consulting
with local law enforcement on any child abuse or maltreatment report.

Section 3. Effective Date.

JUSTIFICATION:

When  children  are  placed  in residential care throughout our state we
entrust the State to safeguard their interests and welfare. Children can
be placed in residential care for a number of reasons, including but not
limited to, placement through the foster care system or as a  result  of
significant  mental  health,  substance  abuse  or  juvenile delinquency
issues. As such, these children should be considered to be some  of  our
more  vulnerable  youth,  particularly  with  respect  to their care and
treatment. It is critically important that we ensure that  the  children

in  residential  facilities  receive  the same attention and response to
reports of abuse as those in home settings.

Under  current  law,  when  there  is a reported case of child abuse and
neglect in the home, local child protective services are required  under
Social Services Law � 424(5-a) to immediately forward suspected cases of
physical  injury,  sexual  abuse, or the death of a child to appropriate
law enforcement. These cases are traditionally  investigated  by  multi-
disciplinary  teams  within  participating  counties. Multi-disciplinary
teams can include representatives from child  protective  services,  law
enforcement,  a  district  attorney's  office,  a  physician  or medical
provider trained in forensic pediatrics,  mental  health  professionals,
victim  advocacy  personnel and, if one exists, a child advocacy center.
As a result, an alleged case of physical or sexual abuse of a  child  in
the  home  is  immediately  addressed  by  a  comprehensive  team of law
enforcement and providers that can appropriately investigate the alleged
case as well as see to the needs of the child.

In contrast, when there is a reported case of child abuse or neglect  of
a  child  in placement it is transmitted from the state registry to "the
agency responsible for investigating the  report,"  rather  than  a  law
enforcement  entity.  NY.  Soc. Serv. Law � 415. The Commissioner of the
Office of Children and Family Services or the Commission on  Quality  of
Care  and Advocacy for Persons with Disabilities (CQC), depending on the
institution, is then required, if the complaint falls under their juris-
diction, to commence an internal investigation within twenty-four  hours
and  determine  within  sixty days, that among other things, "it appears
likely that a crime may have been committed against the child." NY. Soc.
Serv. Law �  424-C;  NY.  Ment.  Hyg.  Law  �  45.07.  While  there  are
provisions  for  immediate notification to a District Attorney regarding
the death of a child in residential placement, or  any  reports  that  a
District  Attorney  has  made a prior request for, there are no require-
ments for immediate and direct  law  enforcement  notification  as  they
relate  to  specific  crimes or injuries to a child in residential care.
This procedure gives the unfortunate impression that agencies that  have
complaints  in  their  facilities  are then empowered to investigate the
complaint rather than law enforcement. By extension, there is a foresee-
able delay in time that can take  place  in  investigations  due  to  an
absence  of  notification  to  law enforcement, thereby compromising the
collection of evidence, the result of an investigation, and the ultimate
quality of care that we demand of our residential facilities.

This legislation will amend the relevant duties of the  Commissioner  of
the  Office  of  Children  and  Family  Services and the board of CQC to
provide that upon receipt of a complaint  alleging  physical  injury  or
sexual  abuse  to a child in residential facility, they must immediately
forward such a report to appropriate law enforcement. It is  the  intent
that  this  provision will minor the protections we afford to victims of
alleged abuse and neglect in home settings. The Office of  Children  and
Family Services will not be prohibited by the legislation from assisting
in  the  investigation,  nor  will  it abrogate their duty to conduct an
internal investigation as required by Social Services Law,  however,  it

will  clarify that in cases alleging serious crimes, an immediate inves-
tigation will be conducted by independent law enforcement entities.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S6563-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6563
 I N  SENATE
 February 27, 2012
 
 Introduced  by  Sens. SALAND, McDONALD, SAVINO -- 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 and the mental hygiene  law,  in
 relation  to  reports of abuse or neglect in residential facilities or
 programs
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.    Subdivisions  6, 7 and 8 of section 424-c of the social
 services law are renumbered subdivisions 7, 8 and 9 and a  new  subdivi
 sion 6 is added to read as follows:

 6.  GIVE  TELEPHONE  NOTICE  AND FORWARD IMMEDIATELY A COPY OF REPORTS
 MADE PURSUANT TO SECTION FOUR  HUNDRED  TWELVE-A  OF  THIS  TITLE  WHICH
 INVOLVE AN ABUSED CHILD IN RESIDENTIAL CARE AS DEFINED IN PARAGRAPH (B),
 (C)  OR  (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWELVE-A OF THIS
 TITLE TO THE APPROPRIATE LOCAL LAW ENFORCEMENT.  A LOCAL LAW ENFORCEMENT
 AGENCY MAY AFFORD THE OFFICE OF CHILDREN AND FAMILY SERVICES AN OPPORTU
 NITY TO CONDUCT ANY RESULTING INVESTIGATION  JOINTLY.    THE  LOCAL  LAW
 ENFORCEMENT  AGENCY MAY REQUEST IN WRITING ADDITIONAL REPORTS, AND SHALL
 SPECIFY THE KINDS OF ALLEGATIONS FOR WHICH NOTICE AND COPIES OF  REPORTS
 SHALL  BE  REQUIRED  PURSUANT  TO  THIS SUBDIVISION. NOTHING WITHIN THIS
 SUBDIVISION SHALL PROHIBIT THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
 FROM  CONSULTING  WITH  LOCAL  LAW  ENFORCEMENT  ON  ANY  CHILD ABUSE OR
 MALTREATMENT REPORT;
 

S 2. Subparagraphs f, g and h of paragraph 2  of  subdivision  (c)  of
 section  45.07 of the mental hygiene law are relettered subparagraphs g,
 h and i and a new subparagraph f is added to read as follows:

 F. GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY  A  COPY  OF  REPORTS
 MADE  PURSUANT  TO  SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES
 LAW WHICH INVOLVE AN ABUSED CHILD IN  RESIDENTIAL  CARE  AS  DEFINED  IN
 PARAGRAPH  (B),  (C)  OR  (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
 TWELVE-A OF THE  SOCIAL  SERVICES  LAW  TO  THE  APPROPRIATE  LOCAL  LAW
 ENFORCEMENT.    A  LOCAL LAW ENFORCEMENT AGENCY MAY AFFORD THE OFFICE OF
 CHILDREN AND FAMILY SERVICES AN OPPORTUNITY  TO  CONDUCT  ANY  RESULTING
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13885-05-2
 
       S. 6563                             2
 INVESTIGATION  JOINTLY.  THE LOCAL LAW ENFORCEMENT AGENCY MAY REQUEST IN
 WRITING ADDITIONAL REPORTS, AND SHALL SPECIFY THE KINDS  OF  ALLEGATIONS
 FOR  WHICH  NOTICE  AND  COPIES OF REPORTS SHALL BE REQUIRED PURSUANT TO
 THIS  SUBPARAGRAPH.  NOTHING WITHIN THIS SUBPARAGRAPH SHALL PROHIBIT THE
 OFFICE OF CHILDREN AND FAMILY SERVICES FROM CONSULTING  WITH  LOCAL  LAW
 ENFORCEMENT ON ANY CHILD ABUSE OR MALTREATMENT REPORT;
 

S 3. This act shall take effect immediately.

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