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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5060
SPONSOR: Barclay (MS) TITLE OF BILL:
An act to amend the social services law, in relation to requiring addi-
tional investigation of certain claims of abuse or maltreatment
PURPOSE OR GENERAL IDEA OF BILL:
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 Subdivision 3 of section 424 of the Social Service law by adding
a new paragraph that states when three or more reports relating 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. Pending 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 2008 death was 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.
PRIOR LEGISLATIVE HISTORY:
2009-10 A6791 Referred to social services
2011-12 A4232 Held for consideration in Social Services
2013-14 A4264 Held for consideration in Children and Families
2001-16 A5559 Held for consideration in children and Families
2017-18 A3884 Held for consideration in Children and Families
2019-20 A5019 Held for consideration in Children and Families
2021-22 A6423 Referred to Children and Families
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.
