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A01028 Summary:

COSPNSRAbbate, Arroyo, Blake, Cook, Gottfried, Jaffee, Joyner, Montesano, Mosley, Perry, Raia, Skartados, Steck, Weprin, Sepulveda, D'Urso
MLTSPNSRBarnwell, Carroll, Crouch, Gunther, Lawrence, McDonough, Rivera
Amd 421 & 372, Soc Serv L
Requires child protective services to document home visits as part of a treatment plan, supervision and monitoring, pursuant to a court order, or on an emergency basis with photographs.
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A01028 Actions:

01/10/2017referred to children and families
01/03/2018referred to children and families
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A01028 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
        Introduced  by  M.  of A. SIMON, ABBATE, ARROYO, BLAKE, COOK, GOTTFRIED,
          WEPRIN  --  Multi-Sponsored by -- M. of A. CROUCH, GUNTHER, McDONOUGH,
          McLAUGHLIN, RIVERA, SALADINO -- read once and referred to the  Commit-
          tee on Children and Families

        AN  ACT to amend the social services law, in relation to requiring child
          protective services to document home visits with photographs
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    This  act shall be known and may be cited as "Marchella
     2  Pierce's Law".
     3    § 2.  Subdivision 3 of section 421 of  the  social  services  law,  as
     4  amended  by chapter 718 of the laws of 1986, paragraph (a) as amended by
     5  chapter 110 of the laws of 1989 and the closing paragraph as amended  by
     6  chapter 320 of the laws of 1990, is amended to read as follows:
     7    3.  promulgate regulations setting forth requirements for the perform-
     8  ance by local social services  departments  of  the  duties  and  powers
     9  imposed  and  conferred upon them by the provisions of this title and of
    10  article ten of the family court act. Such  regulations  shall  establish
    11  uniform  requirements for the investigation of reports of child abuse or
    12  maltreatment under this title. The department shall  also  issue  guide-
    13  lines which shall set forth the circumstances or conditions under which:
    14    (a)  personal contact shall be made with the child named in the report
    15  and any other children in the  same  household,  including  interviewing
    16  such  child or children absent the subject of the report whenever possi-
    17  ble and appropriate;
    18    (b) photographs of visible physical injuries or trauma of children who
    19  may be the victims of abuse or maltreatment shall be taken  or  arranged
    20  for;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1028                             2
     1    (c)  medical  examination  of  a child who may be a victim of abuse or
     2  maltreatment and documentation of findings of such examination, shall be
     3  required.
     4    The department shall promulgate regulations to establish standards for
     5  intervention,  criteria  for  case  closings,  criteria  for determining
     6  whether or not to initiate a child protective proceeding,  and  criteria
     7  for  the  formulation  of  treatment plans and for the delivery of child
     8  protective services including specification of the services to be  clas-
     9  sified as child protective services, which shall also apply to any soci-
    10  ety  for  the prevention of cruelty to children which has entered into a
    11  currently valid contract with a local department of social  services  to
    12  investigate  child  abuse  or maltreatment reports. The department shall
    13  promulgate regulations establishing minimum standards and practices  for
    14  the  delivery of child protective services in connection with monitoring
    15  and supervising respondents and their families as ordered  by  a  family
    16  court  pursuant  to  section ten hundred thirty-nine and paragraphs (i),
    17  (iii), (iv) and (v) of subdivision (a) of section ten hundred  fifty-two
    18  of  the family court act.  The department shall require that every case-
    19  worker, child protective services employee or any person acting pursuant
    20  to a contract for services with a local social services  department  who
    21  has  contact with a child as part of a treatment plan or supervision and
    22  monitoring, document each such contact with a photograph  taken  of  the
    23  child during such visit or contact. Such photograph shall be part of the
    24  confidential case record for such child and shall be subject to periodic
    25  review by the supervisor of the case.  Such photograph must be of suffi-
    26  cient  quality  to clearly identify the child, and contain accurate data
    27  with regard to the time and date of the photograph.  Where the parent or
    28  legal guardian of the child objects to the caseworker  taking  a  photo-
    29  graph  of  the  child  during  the visit, the caseworker shall provide a
    30  form, supplied by the caseworker's agency of  employment,  stating  that
    31  the  caseworker conducted the visit with the child and verified the well
    32  being of the child. Such form shall be signed  and  dated  by  both  the
    33  child's  parent or legal guardian and the caseworker at each visit where
    34  a photograph is not taken. Such regulations  shall  also  require  local
    35  child  protective  services  to comply with notification requirements of
    36  the family court act in connection with such monitoring and  supervisory
    37  responsibilities.
    38    § 3. Section 372 of the social services law is amended by adding a new
    39  subdivision 4-c to read as follows:
    40    4-c.  The records maintained pursuant to this section by any casework-
    41  er, child protective services employee or authorized agency  as  defined
    42  in  section three hundred seventy-one of this title who has contact with
    43  a foster child as part of a treatment plan or supervision  and  monitor-
    44  ing,  shall  document  each  such contact with a photograph taken of the
    45  child during such visit or contact consistent with the requirements  set
    46  forth  in  subdivision  three of section four hundred twenty-one of this
    47  article.
    48    § 4. This act shall take effect immediately.
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