NY State Senate Bill 2013-S7061

Senate Bill S7061

2013-2014 Legislative Session

Requires the cooperation of various agencies in providing records pertaining to an active investigation of suspected child abuse or maltreatment

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Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2014	referred to children and families

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2013-S7061 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §424, Soc Serv L; amd §§837, 223, 259-k & 256-a, Exec L

2013-S7061 (ACTIVE) - Summary

Requires the cooperation of various agencies in providing records pertaining to an active investigation of suspected child abuse or maltreatment.

2013-S7061 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7061

TITLE OF BILL:  An act to amend the social services law and the
executive law, in relation to access to law enforcement records during
an active investigation of suspected child abuse or maltreatment
undertaken by a child protective service

PURPOSE:

To improve the quality, speed and safety of investigations of
suspected child abuse and neglect by requiring law enforcement to
provide within seventy-two hours of a request by a child protective
service a full and complete copy of any unsealed records that pertain
to an active investigation of suspected child abuse or maltreatment
undertaken by a child protective service.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 424 of the Social Services Law to
require the State Police, the Division of Criminal Justice Services,
the Division of Parole and any other department, agency, or division
of the state that holds relevant records, within seventy-two hours of
a request by a child protective service, provide a full and complete
copy of any unsealed record that pertain to an active investigation of
suspected child abuse or maltreatment undertaken by a child protective
service. The records include, but are not limited to, arrest and

conviction records, orders of protection, information indicating that
a person named in a report is currently under supervision of a
probation or parole agency of the state or of a local government and
the charge or charges related thereto, information indicating if there
is an outstanding arrest warrant, information indicating if a person
is a registered sex offender and information regarding requests for
police services or a police response to a specified address or
involving specified persons.

Section 1 also requires local municipal police departments, county
sheriff offices, all fire departments whether volunteer or not, all
911 dispatch operations, parole agencies or departments, all ambulance
services whether public or private and any other department, agency,
or division of a local government that hold relevant records shall,
within seventy-two hours of a request by a child protective service,
provide a full and complete copy of any unsealed records. The records
include, but are not limited to, arrest and conviction records, orders
of protection, information indicating that a person named in a report
is currently under supervision of a probation or parole agency or
department of the state or of a local government and the charge or
charges related thereto, information indicating if there is an
outstanding arrest warrant, information indicating if a person is a
registered sex offender and information regarding requests for police
services, information that there has been a request for a police
response or other emergency response to a specified address or
involving specified persons.

Section 1 also keeps these records confidential and requires this
information be provided at no cost to the child protective service.


Section 2 of the bill adds subdivision 20 to Section 837 by making a
typographical change.

Section 3 of the bill amends Section 837 of the Executive Law by
making it a duty of the Division of Criminal Justice Services to
supply records requested by a child protective service.

Section 4 Section 4 of the bill amends Section 223 of the Executive
Law by making it a duty of the state police to provide all relevant
records that are requested by a child protective service. Section 4 of
the bill amends Section 223 of the Executive Law by making it a duty
of the state police to provide all relevant records that are requested
by a child protective service.

Section 5 of the bill amends Section 259-k of the Executive Law by
making it a duty of the Division of Parole to supply records requested
by a child protective service.

Section 6 of the bill amends Section 256-a of the Executive Law by
making it a duty of any Probation agency or department to supply
records requested by a child protective service

Section 7 is the effective date.

EXISTING LAW:

New bill.

JUSTIFICATION:

CPS investigation must be commenced virtually immediately after their
receipt by each child protective services unit in each county. Quick
access to criminal records of those persons named in a CPS report will
provide the responding CPS workers with what could prove to be
critically important information that will aid in their investigation
to protect children from new acts of violence and offer workers with
an added level of personal security. Should police records indicate
that a violent felon is in the home, the CPS worker will be warned and
may seek a police escort to accompany them to the home and might have
valuable information that could indicate the need for a firmer and
more rapid action to protect a child.

Child protective services workers are currently trained by the New
York State Office of Children and Family Services to examine the
criminal history of alleged perpetrators of child abuse or
maltreatment during an assessment or investigation. However, there is
no legal obligation from law enforcement entities to quickly provide
this information.

This is one in a series of measures being introduced to improve the
provision of child protective services to New York's children and
families.

LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately, provided that the amendments
to section 223 of the executive law made by section three of this act
shall be subject to the expiration and reversion of such section
pursuant to section 3 of chapter 428 of the laws of 1999, as amended,
when upon such date the provisions of section four of this act shall
take effect.

2013-S7061 (ACTIVE) - Bill Text download pdf

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

                                  7061

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by  Sens.  FELDER, 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 and the executive law, in
  relation to access to law enforcement records during an active  inves-
  tigation  of  suspected  child  abuse  or maltreatment undertaken by a
  child protective service

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

  Section 1. Section 424 of the social services law is amended by adding
a new subdivision 15 to read as follows:
  15.  A.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY,
THE STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE SERVICES,  THE  DIVI-
SION  OF  PAROLE  AND  ANY  OTHER DEPARTMENT, AGENCY, OR DIVISION OF THE
STATE THAT HOLDS RELEVANT RECORDS SHALL, WITHIN SEVENTY-TWO HOURS  OF  A
REQUEST  BY A CHILD PROTECTIVE SERVICE, PROVIDE TO SUCH CHILD PROTECTIVE
SERVICE A FULL AND COMPLETE COPY OF ANY RECORDS THAT ARE NOT SEALED BY A
COURT OF COMPETENT JURISDICTION PURSUANT TO NEW  YORK  STATE  LAW,  THAT
PERTAIN TO AN ACTIVE INVESTIGATION OF SUSPECTED CHILD ABUSE OR MALTREAT-
MENT  UNDERTAKEN  BY  A CHILD PROTECTIVE SERVICE PURSUANT TO THIS TITLE.
THE RECORDS THAT ARE SUBJECT TO THIS SUBDIVISION SHALL INCLUDE, BUT  ARE
NOT  LIMITED  TO,  ARREST  AND CONVICTION RECORDS, ORDERS OF PROTECTION,
INFORMATION INDICATING THAT A PERSON NAMED  IN  A  REPORT  IS  CURRENTLY
UNDER  SUPERVISION  OF A PROBATION OR PAROLE AGENCY OF THE STATE OR OF A
LOCAL GOVERNMENT AND THE CHARGE OR CHARGES RELATED THERETO,  INFORMATION
INDICATING  IF THERE IS AN OUTSTANDING ARREST WARRANT, INFORMATION INDI-
CATING IF A PERSON IS A REGISTERED SEX OFFENDER AND INFORMATION  REGARD-
ING  REQUESTS  FOR  POLICE  SERVICES OR A POLICE RESPONSE TO A SPECIFIED
ADDRESS OR INVOLVING SPECIFIED PERSONS. SUCH REQUESTS  FOR  RECORDS  MAY
INCLUDE  A  REQUEST  FOR RECORDS NAMING ALL PERSONS NAMED IN A REPORT OF
SUSPECTED CHILD ABUSE OR MALTREATMENT. THIS SUBDIVISION DOES NOT AUTHOR-
IZE THE RELEASE OF CONFIDENTIAL MEDICAL  RECORDS  OR  OF  MENTAL  HEALTH
RECORDS  THAT  MAY  BE  HELD  BY AN AGENCY OF NEW YORK STATE. RECORDS OR
PARTS THEREOF MAY BE WITHHELD TO THE EXTENT NECESSARY TO NOT  COMPROMISE

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

                                                           LBD14824-01-4

S. 7061                             2

AN  ACTIVE CRIMINAL INVESTIGATION THAT IS BEING UNDERTAKEN BY THE AGENCY
THAT HOLDS SUCH RECORDS.
  B.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, LOCAL
MUNICIPAL POLICE DEPARTMENTS, COUNTY SHERIFF OFFICES, ALL  FIRE  DEPART-
MENTS  WHETHER  VOLUNTEER  OR  NOT,  ALL 911 DISPATCH OPERATIONS, PAROLE
AGENCIES OR  DEPARTMENTS,  ALL  AMBULANCE  SERVICES  WHETHER  PUBLIC  OR
PRIVATE AND ANY OTHER DEPARTMENT, AGENCY, OR DIVISION OF A LOCAL GOVERN-
MENT  THAT  HOLD  RELEVANT  RECORDS SHALL, WITHIN SEVENTY-TWO HOURS OF A
REQUEST BY A CHILD PROTECTIVE SERVICE, PROVIDE TO SUCH CHILD  PROTECTIVE
SERVICE A FULL AND COMPLETE COPY OF ANY RECORDS THAT ARE NOT SEALED BY A
COURT  OF  COMPETENT  JURISDICTION  PURSUANT TO NEW YORK STATE LAW, THAT
PERTAIN TO AN ACTIVE INVESTIGATION OF SUSPECTED CHILD ABUSE OR MALTREAT-
MENT UNDERTAKEN BY A CHILD PROTECTIVE SERVICE PURSUANT  TO  THIS  TITLE.
THE  RECORDS THAT ARE SUBJECT TO THIS SUBDIVISION SHALL INCLUDE, BUT ARE
NOT LIMITED TO, ARREST AND CONVICTION  RECORDS,  ORDERS  OF  PROTECTION,
INFORMATION  INDICATING  THAT  A  PERSON  NAMED IN A REPORT IS CURRENTLY
UNDER SUPERVISION OF A PROBATION OR PAROLE AGENCY OR DEPARTMENT  OF  THE
STATE  OR OF A LOCAL GOVERNMENT AND THE CHARGE OR CHARGES RELATED THERE-
TO, INFORMATION INDICATING IF THERE IS AN  OUTSTANDING  ARREST  WARRANT,
INFORMATION  INDICATING  IF  A  PERSON  IS A REGISTERED SEX OFFENDER AND
INFORMATION REGARDING REQUESTS FOR  POLICE  SERVICES,  INFORMATION  THAT
THERE  HAS  BEEN  A  REQUEST  FOR  A  POLICE RESPONSE OR OTHER EMERGENCY
RESPONSE TO A SPECIFIED ADDRESS OR  INVOLVING  SPECIFIED  PERSONS.  SUCH
REQUESTS  FOR  RECORDS  MAY  INCLUDE  A  REQUEST  FOR RECORDS NAMING ALL
PERSONS NAMED IN A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT. THIS
SUBDIVISION DOES NOT  AUTHORIZE  THE  RELEASE  OF  CONFIDENTIAL  MEDICAL
RECORDS OR OF MENTAL HEALTH RECORDS THAT MAY BE HELD BY AN AGENCY OF NEW
YORK  STATE.  RECORDS  OR  PARTS  THEREOF  MAY BE WITHHELD TO THE EXTENT
NECESSARY TO NOT COMPROMISE AN ACTIVE  CRIMINAL  INVESTIGATION  THAT  IS
BEING UNDERTAKEN BY THE AGENCY THAT HOLDS SUCH RECORDS.
  C.  RECORDS  OBTAINED  BY A CHILD PROTECTIVE SERVICE PURSUANT TO PARA-
GRAPH A OR B OF THIS SUBDIVISION SHALL BE CONSIDERED PART OF A REPORT OF
SUSPECTED CHILD ABUSE OR  MALTREATMENT  AND  SHALL  BE  CONFIDENTIAL  AS
PROVIDED  FOR IN SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE AND MAY
ONLY BE DISCLOSED AS AUTHORIZED IN  SUBDIVISION  FOUR  OF  SECTION  FOUR
HUNDRED TWENTY-TWO OF THIS ARTICLE. THE PENALTIES PRESCRIBED IN SUBDIVI-
SION  TWELVE OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE APPLY TO
ANY UNAUTHORIZED RELEASE OF ANY REPORT OBTAINED PURSUANT TO THIS  SUBDI-
VISION.
  D.  ALL  RECORDS THAT ARE TO BE PROVIDED TO A CHILD PROTECTIVE SERVICE
PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL BE PROVIDED  AT
NO COST TO THE CHILD PROTECTIVE SERVICE THAT HAS REQUESTED SUCH RECORD.
  S  2.  Subdivision 19 of section 837 of the executive law, as added by
chapter 1 of the laws of 2013, is amended and a new  subdivision  20  is
added to read as follows:
  19.  Receive  names  and  other  non-clinical  identifying information
pursuant to section 9.46 of the mental hygiene law;  provided,  however,
any  such  information shall be destroyed five years after such receipt,
or pursuant to a proceeding brought under article seventy-eight  of  the
civil  practice law and rules determining that an individual is eligible
for a license pursuant to section 400.00 of the penal law and  otherwise
permitted to possess a firearm[.];
  20.  SUPPLY  ALL  RECORDS  REQUESTED  BY A CHILD PROTECTIVE SERVICE AS
AUTHORIZED BY SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF
THE SOCIAL SERVICES LAW.

S. 7061                             3

  S 3. Section 223 of the executive law  is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  THE  SUPERINTENDENT  SHALL FULLY AND PROMPTLY PROVIDE ALL RELEVANT
RECORDS THAT ARE REQUESTED BY A CHILD  PROTECTIVE  SERVICE  PURSUANT  TO
SUBDIVISION  FIFTEEN  OF  SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL
SERVICES LAW UNLESS SUCH RECORD OR PART THEREOF IS ALLOWED TO  BE  WITH-
HELD  BY  SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
SOCIAL SERVICES LAW. ALL RELEVANT RECORDS THAT ARE CONTAINED  WITHIN  OR
AVAILABLE  THROUGH  THE  BASIC SYSTEM ESTABLISHED BY SECTION TWO HUNDRED
EIGHTEEN OF THIS ARTICLE AND THE COMPUTER SYSTEM ESTABLISHED BY  SECTION
TWO  HUNDRED  TWENTY-ONE-A  OF THIS ARTICLE SHALL BE PROVIDED TO A CHILD
PROTECTIVE SERVICE. IN ADDITION, ANY RELEVANT RECORD THAT  IS  CONTAINED
IN  ANY OTHER SYSTEM UNDER THE CONTROL OR SUPERVISION OF THE SUPERINTEN-
DENT THAT NOW EXISTS OR IS CREATED IN THE FUTURE SHALL BE PROVIDED TO  A
CHILD PROTECTIVE SERVICE.
  S  4.  Section  223 of the executive law, as amended by chapter 843 of
the laws of 1980, is amended to read as follows:
  S 223. Duties and powers of the superintendent of state police and  of
members  of the state police. 1. It shall be the duty of the superinten-
dent of the state police and of members of the state police  to  prevent
and  detect crime and apprehend criminals. They shall also be subject to
the call of the governor and are empowered to co-operate with any  other
department of the state or with local authorities. They shall have power
to  arrest,  without  a  warrant, any person committing or attempting to
commit within their presence or view a breach  of  the  peace  or  other
violation  of  law,  to  serve  and execute warrants of arrest or search
issued by proper authority and to exercise all other  powers  of  police
officers  of  the  state  of  New  York. Any such warrants issued by any
magistrate of the state may be executed by them in any part of the state
according to the tenor thereof without indorsement. But they  shall  not
exercise  their powers within the limits of any city to suppress rioting
and disorder except by direction of the governor or upon the request  of
the  mayor  of the city with the approval of the governor. Any member of
the rank of sergeant or above may take  pre-arraignment  bail  from  any
defendant in the amounts and under the circumstances and conditions that
police may take bail.
  2.  THE  SUPERINTENDENT  SHALL FULLY AND PROMPTLY PROVIDE ALL RELEVANT
RECORDS THAT ARE REQUESTED BY A CHILD  PROTECTIVE  SERVICE  PURSUANT  TO
SUBDIVISION  FIFTEEN  OF  SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL
SERVICES LAW UNLESS SUCH RECORD OR PART THEREOF IS ALLOWED TO  BE  WITH-
HELD  BY  SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
SOCIAL SERVICES LAW. ALL RELEVANT RECORDS THAT ARE CONTAINED  WITHIN  OR
AVAILABLE  THROUGH  THE  BASIC SYSTEM ESTABLISHED BY SECTION TWO HUNDRED
EIGHTEEN OF THIS ARTICLE AND THE COMPUTER SYSTEM ESTABLISHED BY  SECTION
TWO  HUNDRED  TWENTY-ONE-A  OF THIS ARTICLE SHALL BE PROVIDED TO A CHILD
PROTECTIVE SERVICE. IN ADDITION, ANY RELEVANT RECORD THAT  IS  CONTAINED
IN  ANY OTHER SYSTEM UNDER THE CONTROL OR SUPERVISION OF THE SUPERINTEN-
DENT THAT NOW EXISTS OR IS CREATED IN THE FUTURE SHALL BE PROVIDED TO  A
CHILD PROTECTIVE SERVICE.
  S  5.  Section  259-k  of the executive law is amended by adding a new
subdivision 5 to read as follows:
  5. THE DIVISION OF PAROLE SHALL SUPPLY  ALL  RECORDS  REQUESTED  BY  A
CHILD PROTECTIVE SERVICE AS AUTHORIZED BY SUBDIVISION FIFTEEN OF SECTION
FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
  S  6.  Section  256-a of the executive law, as added by chapter 707 of
the laws of 1992, is amended to read as follows:

S. 7061                             4

  S 256-a. Providing information to child protection  services.  Upon  a
determination  by  a  probation  agency  or  department that its records
regarding an individual presently under the supervision of the agency or
department are relevant to an investigation of child abuse or  maltreat-
ment  conducted  by  a child protective service pursuant to title six of
article six of the social services law, the probation agency or  depart-
ment  shall  provide  the  records  or portions thereof determined to be
relevant to the child protective service conducting  the  investigation.
Each probation agency or department shall make provisions for the trans-
mission  of  records  required  to be provided under this section.  EACH
PROBATION AGENCY OR DEPARTMENT SHALL SUPPLY ALL RECORDS REQUESTED  BY  A
CHILD PROTECTIVE SERVICE AS AUTHORIZED BY SUBDIVISION FIFTEEN OF SECTION
FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
  S  7. This act shall take effect immediately, provided that the amend-
ments to section 223 of the executive law made by section three of  this
act  shall  be  subject  to the expiration and reversion of such section
pursuant to section 3 of chapter 428 of the laws of  1999,  as  amended,
when  upon  such  date  the provisions of section four of this act shall
take effect.

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Senate Bill S7061

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