This bill has been amended

Bill S7062-2013

Relates to providing counsel for the local department of social services the authority to subpoena records

Provides the counsel for a local social services district, or his or her designee, the authority to subpoena records for use in any investigation of any report received from the state central register or proceeding relating to severe abuse, abuse or neglect.

Details

Actions

  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.671
  • Apr 23, 2014: REFERRED TO CHILDREN AND FAMILIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Children and Families - May 13, 2014
Ayes (4): Felder, Bonacic, Savino, Young
Ayes W/R (2): Montgomery, Tkaczyk

Memo

BILL NUMBER:S7062

TITLE OF BILL: An act to amend the family court act, in relation to allowing the counsel for a local department of social services the authority to subpoena records for use in any investigation or proceeding relating to abuse or neglect

PURPOSE:

To give the counsel for a department of social services or his/her designee the authority to subpoena records for use in any investigation of any report received from the State Central Register or proceeding relating to abuse or neglect.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1038 of the Family Court Act to make three changes regarding obtaining subpoenas in child abuse and neglect proceedings:

It adds the counsel for a department of social services or his/her designee, and the designee of the county attorney to the list of officials able to subpoena records, photographs or other evidence relating to abuse or neglect from hospitals and any other public or private agencies;

It also expands the use of subpoenaed records from use in proceedings to also include use in investigations of a report received from the State Central Register;

and it also allows service of any such subpoena upon a hospital to be made by personal service to the hospital director.

Section 2: Effective Date.

EXISTING LAW:

New bill.

JUSTIFICATION:

Child protection agencies do not have an established right to records, photographs or other evidence relating to abuse or neglect. It is therefore often difficult for child protection workers to conduct a meaningful investigation when the subject of the investigation refuses access to the records, photographs or other evidence. This legislation would establish a mechanism by which child protective agencies can get access to these records, photographs or other evidence during the initial stages of an investigation through a subpoena issued by the counsel for the department of social services or his/her designee. This new subpoena power will allow for a more complete and rapid investigation and therefore has the potential to better protect children, will save children from further acts of abuse and neglect and ultimately may save the lives of children who have experienced abuse or neglect. 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:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7062 IN SENATE 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 family court act, in relation to allowing the coun- sel for a local department of social services the authority to subpoe- na records for use in any investigation or proceeding relating to abuse or neglect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 1038 of the family court act, as separately amended by chapters 272 and 724 of the laws of 1989, is amended to read as follows: (a) Each hospital and any other public or private agency having custo- dy of any records, photographs or other evidence relating to abuse or neglect, upon the subpoena of the court, the corporation counsel, county attorney OR HIS OR HER DESIGNEE, COUNSEL FOR THE LOCAL DEPARTMENT OF SOCIAL SERVICES OR HIS OR HER DESIGNEE, district attorney, counsel for the child, or one of the parties to the proceeding OR AN INVESTIGATION OF A REPORT RECEIVED FROM THE STATE CENTRAL REGISTER, shall be required to send such records, photographs or evidence to the court for use in any INVESTIGATION OF A REPORT RECEIVED FROM THE STATE CENTRAL REGISTER OR proceeding relating to abuse or neglect under this article. Notwith- standing any other provision of law to the contrary, service of any such subpoena on a hospital may be made by certified mail, return receipt requested, OR BY PERSONAL SERVICE, to the director of the hospital. The court shall establish procedures for the receipt and safeguarding of such records. S 2. This act shall take effect immediately.

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