A05357 Summary:

BILL NOA05357
 
SAME ASNo same as
 
SPONSORClark
 
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.
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A05357 Actions:

BILL NOA05357
 
02/18/2015referred to children and families
03/09/2015enacting clause stricken
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A05357 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5357
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    §  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    § 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    § 4. This act shall take effect immediately.
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