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A03884 Summary:

BILL NOA03884
 
SAME ASNo Same As
 
SPONSORBarclay
 
COSPNSRBlankenbush, Butler, Crouch, DiPietro, Kolb, McDonough, Montesano, Walter
 
MLTSPNSRHawley, Oaks
 
Amd 424, Soc Serv L
 
Requires additional investigation when three or more claims of abuse or maltreatment of a child are made relating to the same person; requires such person to be investigated and evaluated at least once a year for the next five years from the date of the last report.
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A03884 Actions:

BILL NOA03884
 
01/30/2017referred to children and families
01/03/2018referred to children and families
03/06/2018held for consideration in children and families
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A03884 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3884
 
SPONSOR: Barclay (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to requiring additional investigation of certain claims of abuse or maltreatment   PURPOSE: This bill establishes that the Department of Social Services continue to investigate and evaluate any reports to the Child. Abuse Hotline, once a year for the next five years from the date of the last report when three or more reports are made relating to the same person.   SUMMARY OF PROVISIONS: Amends Section 1 Subdivision 3 of section 424 of the Social Service law by adding a new paragraph that states when three or more reports relat- ing to the same person are made to the Child Abuse Hotline, including unfounded and closed cases not found to be mistaken or false reports, this person shall be investigated and evaluated at least once a year for the next five years from the date of last report.   JUSTIFICATION: Children are our community's most important asset and we must do every- thing possible to ensure their safety. The Center for Disease Control reports that one in every 50 children under the age of one have experi- enced. some kind of abuse. Calls to the state Child Abuse Hotline, either by concerned citizens or mandated reporters, are required by law to be investigated within 24 hours from when the call was placed. Pend- ing the outcome of the investigation, cases that have been determined unfounded are closed. These cases are not reinvestigated unless another called is placed to the state Child Abuse hotline. The tragedy of Erin Maxwell is one of these cases. Erin Maxwell was an eleven-year old Palermo girl whose death was recently ruled a homicide. State troopers have released public information stating that the condi- tions in which she lived were deplorable and that the home was deemed unfit for occupancy. It was also reported that the Department of Social Services visited the house and closed the case stating that the guardi- ans provided reasonable and necessary care. providing an investigation review process will provide a check-back to what may occur, after a social worker's visit. Further, this would also give state workers the opportunity to work directly with the county to evaluate the conditions under which children are living by revisiting homes.   LEGISLATIVE HISTORY: 2009-2010: A.6791 - Referred to social services. Same as: S 4249. 2011-2012: A.4232 - Held for consideration in Social Services. 2013-2014: A.4264 - Held for consideration in Children and Families 02/27/15 A.5559 referred to children and families 01/06/16 A.5559 referred to children and families 05/25/16 A.5559 held for consideration in children and families
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A03884 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3884
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by  M. of A. BARCLAY, BLANKENBUSH, BUTLER, CROUCH, DiPIETRO,
          KOLB, McDONOUGH, McKEVITT, MONTESANO, WALTER -- Multi-Sponsored by  --
          M.  of A.   HAWLEY, OAKS -- read once and referred to the Committee on
          Children and Families
 
        AN ACT to amend the social services law, in relation to requiring  addi-
          tional investigation of certain claims of abuse or maltreatment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 424 of the social services law, as
     2  added by chapter 1039 of the  laws  of  1973,  is  amended  to  read  as
     3  follows:
     4    3.  upon  the  receipt  of  each  written report made pursuant to this
     5  title, transmit, forthwith, a copy thereof to the state central register
     6  of child abuse and maltreatment. In addition, not later than seven  days
     7  after  receipt of the initial report, the child protective service shall
     8  send a preliminary written report of the initial investigation,  includ-
     9  ing  evaluation  and actions taken or contemplated, to the state central
    10  register. Follow-up reports shall be made at regular intervals thereaft-
    11  er in a manner and form prescribed by the commissioner by regulation  to
    12  the  end  that  the  state  central  register is kept fully informed and
    13  up-to-date concerning the handling of reports; provided,  however,  that
    14  when three or more reports are made relating to the same person relating
    15  to  the abuse or maltreatment of a child, including unfounded and closed
    16  cases not found to be mistaken or false reports, such  person  shall  be
    17  investigated  and evaluated at least once a year for the next five years
    18  from the date of the last report;
    19    § 2. This act shall take effect on the one hundred twentieth day after
    20  it shall have become a law; provided, however, that effective immediate-
    21  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    22  necessary  for  the  implementation of this act on its effective date is
    23  authorized and directed to be made  and  completed  on  or  before  such
    24  effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05491-01-7
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