A05357 Summary:

BILL NO    A05357 

SAME AS    No same as 

SPONSOR    Clark

COSPNSR    

MLTSPNSR   

Amd SS421 & 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.
Go to top

A05357 Actions:

BILL NO    A05357 

02/18/2015 referred to children and families
03/09/2015 enacting clause stricken
Go to top

A05357 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5357

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 18, 2015
                                      ___________

       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         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    S  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;
   21    (c) medical examination of a child who may be a  victim  of  abuse  or
   22  maltreatment and documentation of findings of such examination, shall be
   23  required.
   24    The department shall promulgate regulations to establish standards for
   25  intervention,  criteria  for  case  closings,  criteria  for determining

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08574-01-5
       A. 5357                             2

    1  whether or not to initiate a child protective proceeding,  and  criteria
    2  for  the  formulation  of  treatment plans and for the delivery of child
    3  protective services including specification of the services to be  clas-
    4  sified as child protective services, which shall also apply to any soci-
    5  ety  for  the prevention of cruelty to children which has entered into a
    6  currently valid contract with a local department of social  services  to
    7  investigate  child  abuse  or maltreatment reports. The department shall
    8  promulgate regulations establishing minimum standards and practices  for
    9  the  delivery of child protective services in connection with monitoring
   10  and supervising respondents and their families as ordered  by  a  family
   11  court  pursuant  to  section ten hundred thirty-nine and paragraphs (i),
   12  (iii), (iv) and (v) of subdivision (a) of section ten hundred  fifty-two
   13  of  the  family court act. THE DEPARTMENT SHALL REQUIRE THAT EVERY CASE-
   14  WORKER, CHILD PROTECTIVE SERVICES EMPLOYEE OR ANY PERSON ACTING PURSUANT
   15  TO A CONTRACT FOR SERVICES WITH A LOCAL SOCIAL SERVICES  DEPARTMENT  WHO
   16  HAS  CONTACT WITH A CHILD AS PART OF A TREATMENT PLAN OR SUPERVISION AND
   17  MONITORING, TO DOCUMENT EACH SUCH CONTACT WITH A TIME STAMPED PHOTOGRAPH
   18  OF THE FRONT DOOR OF THE RESIDENCE WHERE SUCH CHILD IS DOMICILED  DURING
   19  SUCH  VISIT  OR  CONTACT  USING  A  TABLET, CELLULAR PHONE OR COMPARABLE
   20  DEVICE THAT IS GLOBAL POSITIONING SATELLITE DEVICE CAPABLE. SUCH  PHOTO-
   21  GRAPH  SHALL  BE PART OF THE CONFIDENTIAL CASE RECORD FOR SUCH CHILD AND
   22  SHALL BE SUBJECT TO PERIODIC REVIEW BY THE SUPERVISOR OF THE CASE.  SUCH
   23  PHOTOGRAPH  MUST  BE OF SUFFICIENT QUALITY TO CLEARLY IDENTIFY THE FRONT
   24  DOOR OF THE RESIDENCE WHERE THE CHILD IS DOMICILED, AND CONTAIN ACCURATE
   25  DATA WITH REGARD TO THE TIME AND DATE OF THE PHOTOGRAPH. THE SUPERVISING
   26  AUTHORITY SHALL ALSO REQUIRE THAT THE CASEWORKER GEOGRAPHICALLY DOCUMENT
   27  SUCH VISIT UTILIZING TECHNOLOGY ALLOWING FOR THE  GEOGRAPHIC  DOCUMENTA-
   28  TION.  IF  THE PARENT OR LEGAL GUARDIAN OBJECTS TO THE PHOTOGRAPH OF THE
   29  ENTRANCE TO THE RESIDENCE WHERE  THE  CHILD  IS  DOMICILED  OR  FOR  THE
   30  GEOGRAPHIC  DOCUMENTATION  OF  THE VISIT, THE CASEWORKER SHALL PROVIDE A
   31  FORM, SUPPLIED BY THE CASEWORKER'S AGENCY OF  EMPLOYMENT,  STATING  THAT
   32  THE  CASEWORKER CONDUCTED THE VISIT WITH THE CHILD AND VERIFIED THE WELL
   33  BEING OF THE CHILD. SUCH FORM SHALL INDICATE WHICH PROCEDURE  OR  PROCE-
   34  DURES  PRESCRIBED  IN  THIS SECTION WERE OBJECTED TO AND SHALL BE SIGNED
   35  AND DATED BY BOTH THE CHILD'S PARENT OR LEGAL GUARDIAN AND THE CASEWORK-
   36  ER. SUCH FORM SHALL BE UTILIZED AT EACH VISIT WHERE EITHER A  PHOTOGRAPH
   37  IS  NOT TAKEN OR THE VISIT IS NOT GEOGRAPHICALLY DOCUMENTED.  Such regu-
   38  lations REQUIRED UNDER THIS SUBDIVISION shall also require  local  child
   39  protective  services  to  comply  with  notification requirements of the
   40  family court act in connection  with  such  monitoring  and  supervisory
   41  responsibilities.
   42    S 3. Section 372 of the social services law is amended by adding a new
   43  subdivision 4-c to read as follows:
   44    4-C.  THE RECORDS MAINTAINED PURSUANT TO THIS SECTION BY ANY CASEWORK-
   45  ER, CHILD PROTECTIVE SERVICES EMPLOYEE OR AUTHORIZED AGENCY  AS  DEFINED
   46  IN  SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE WHO HAS CONTACT WITH
   47  A FOSTER CHILD AS PART OF A TREATMENT PLAN OR SUPERVISION  AND  MONITOR-
   48  ING,  SHALL  DOCUMENT  EACH SUCH CONTACT IN ACCORDANCE WITH THE REQUIRE-
   49  MENTS SET FORTH IN SUBDIVISION THREE OF SECTION FOUR HUNDRED  TWENTY-ONE
   50  OF THIS ARTICLE.
   51    S 4. This act shall take effect immediately.
Go to top
Page display time = 0.1064 sec