Provides that certain camps may make inquiries of and be provided with information from the statewide central register of child abuse and maltreatment to determine if any person who may have contact with children is on file on such register.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins
TITLE OF BILL: An act to amend the social services law, in relation to the access of certain information contained in the central register of child abuse and maltreatment
PURPOSE: Provides child protective services units with access to criminal history reports of certain persons residing with children alleged or suspected to be abused, maltreated, or neglected.
SUMMARY OF PROVISIONS: Section 1 amends subdivision 9 of section 835 of the executive law adding child protective services unit of a local social services district; section 2 amends subdivision 6 of section 424 of the social services law to permit the supervisor of the child protective services to have access to criminal history reports of persons residing with children alleged or suspected to be abused, maltreated, or neglected.
JUSTIFICATION: NYS Child Protective Service workers, who do not have arrest authority, are virtually defenseless and at risk when responding to alleged complaints of child abuse/neglect or maltreatment. In addition to risking their own safety when making required unannounced home visits, these workers are required to make assessments about the safety and risk to a child victim and other children living in the home. Access to criminal history record checks of persons residing in the residence, or who are named in a report of a child alleged to be abused/neglected or maltreated, will assist CPS workers in making appropriate assessments about the safety of the child(ren), and would reveal persons who have violent criminal histories or who have previously committed crimes against children. Children Protective Service supervisors already handle confidential information and there are penalties in existing law which cover the inappropriate release of confidential information. By having this information in advance, CPS workers could make appropriate decisions for a safer response and would themselves be less at risk as well as having a fuller understanding of the child's situation.
LEGISLATIVE HISTORY: 2008 - 2010 Referred to Social Services, Children and Families
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 734 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. ROBACH -- 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 the access of certain information contained in the central register of child abuse and maltreatment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iv) of paragraph (b) of subdivision 1 of section 424-a of the social services law is renumbered subparagraph (v) and a new subparagraph (iv) is added to read as follows: (IV) A CAMP SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-A OR THIR- TEEN-B OF THE PUBLIC HEALTH LAW MAY INQUIRE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE OFFICE SHALL, UPON RECEIPT OF SUCH INQUIRY AND SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION, INFORM SUCH AGENCY AND THE SUBJECT OF THE INQUIRY WHETHER ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR EMPLOYMENT AND WHO WILL HAVE THE POTEN- TIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY THE AGENCY, IS THE SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREAT- MENT REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02000-01-1