A09166 Summary:

BILL NOA09166
 
SAME ASSAME AS S06384-A
 
SPONSORFahy
 
COSPNSR
 
MLTSPNSRMosley
 
Rpld §412 sub 9, §422 sub 4 ¶(E), amd §422, Soc Serv L
 
Relates to the statewide central register of child abuse and maltreatment.
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A09166 Actions:

BILL NOA09166
 
02/01/2016referred to children and families
02/24/2016reported referred to codes
03/01/2016reported
03/03/2016advanced to third reading cal.426
03/07/2016substituted by s6384a
 S06384 AMEND=A AMEDORE
 01/08/2016REFERRED TO RULES
 01/11/2016ORDERED TO THIRD READING CAL.15
 01/12/2016PASSED SENATE
 01/12/2016DELIVERED TO ASSEMBLY
 01/12/2016referred to children and families
 02/02/2016RECALLED FROM ASSEMBLY
 02/02/2016returned to senate
 02/02/2016VOTE RECONSIDERED - RESTORED TO THIRD READING
 02/02/2016AMENDED ON THIRD READING 6384A
 02/08/2016REPASSED SENATE
 02/08/2016RETURNED TO ASSEMBLY
 02/08/2016referred to children and families
 03/07/2016substituted for a9166
 03/07/2016ordered to third reading cal.426
 03/07/2016passed assembly
 03/07/2016returned to senate
 03/11/2016DELIVERED TO GOVERNOR
 03/21/2016SIGNED CHAP.13
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A09166 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9166
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the social services law, in relation to the statewide central register of child abuse and maltreatment; and to repeal certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To clarify the statute providing law enforcement entities with access to child protective records.   SUMMARY OF SPECIFIC PROVISIONS: Section one would repeal the definition of criminal justice agency added by chapter 436 of 2015. Section two would define criminal justice agency for the purposes of section 422 of the Social Services Law; would lower the threshold for receiving records by providing them upon the criminal justice agency's statement that: they suspect a child's parent, guardian or other person legally responsible may be, rather than is, the subject of a report, or the child or child's sibling may be, rather than is, another person named in a report, and such information may be needed to further the investigation. This section would also repeal the option for OCFS review of a local district decision not to provide such records. Section three would repeal a provision relating to OCFS review of a local district decision not to provide such records. Section four provides that the act shall take effect on the same date as that of Chapter 436 of the laws of 2015.   JUSTIFICATION: Time is of the essence when a child goes missing. Law enforcement must be equipped to act immediately to locate that child by all appropriate means. Sometimes, this includes accessing certain child protective records maintained by local social services departments that may shed light on events related to the disappearance of the child. Current law does provide access to such records in the case of missing children however such statute is not interpreted the same way throughout the state. Discrepancies can cause confusion regarding when it is appropri- ate to release records to law enforcement thereby creating unnecessary delays. In such a crisis situation, it is vital that the law is clearly understood and applied. This bill would seek to remedy this by simplifying the process for crim- inal justice agencies to receive child abuse and neglect records from local social services districts. The bill would allow criminal justice agencies to request such records in the case of a missing child and state that there is reason to believe certain family members may be the subject of a report of child abuse or maltreatment. These provisions will make access to such records quicker and more efficient.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as chapter 436 of the Laws of 2015.
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A09166 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9166
 
                   IN ASSEMBLY
 
                                    February 1, 2016
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Children and Families
 
        AN ACT to amend the social services law, in relation  to  the  statewide
          central  register  of  child  abuse  and  maltreatment;  and to repeal
          certain provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 9 of section 412 of the social services law, as
     2  added  by a chapter of the laws of 2015 amending the social services law
     3  relating to the statewide central register of child abuse and  maltreat-
     4  ment,  as  proposed in legislative bills numbers S.3520-A and A.5803, is
     5  REPEALED.
     6    § 2. Subparagraph (1) of paragraph (A) of subdivision 4 of section 422
     7  of the social services law, as amended by a chapter of the laws of  2015
     8  amending  the  social  services  law  relating  to the statewide central
     9  register of child abuse and maltreatment,  as  proposed  in  legislative
    10  bills numbers S.3520-A and A.5803, is amended to read as follows:
    11    (l) a criminal justice agency, which for the purposes of this subdivi-
    12  sion  shall  mean a district attorney, an assistant district attorney or
    13  an investigator employed in the office of a district attorney;  a  sworn
    14  officer  of  the  division  of  state police, of the regional state park
    15  police, of a county department of parks, of a city police department, or
    16  of a county, town or  village  police  department  or  county  sheriff's
    17  office or department; or an Indian police officer, when:
    18    (i)  such  criminal  justice  agency requests such information stating
    19  that such information is necessary to conduct a  criminal  investigation
    20  or  criminal  prosecution of a person, that there is reasonable cause to
    21  believe that such person is the subject of a  report,  and  that  it  is
    22  reasonable to believe that due to the nature of the crime under investi-
    23  gation  or prosecution, such person is the subject of a report, and that
    24  it is reasonable to believe that due to that nature of the  crime  under
    25  investigation  or prosecution, such records may be related to the crimi-
    26  nal investigation or prosecution; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09078-06-6

        A. 9166                             2
 
     1    (ii) such criminal justice agency requests  such  information  stating
     2  that:  such  agency  is  conducting  an investigation of a missing child
     3  [where]; such agency has reason to suspect such child's parent, guardian
     4  or other person legally responsible for such child  is  or  may  be  the
     5  subject of a report, or, such child or such child's sibling is or may be
     6  another person named in a report of child abuse or maltreatment and that
     7  any such information is or may be needed to further such investigation[.
     8  If,  upon  an  initial  determination made by the office of children and
     9  family services or local  social  services  district  pursuant  to  this
    10  clause,  it  is determined that such reports, information or photographs
    11  are not available to such  criminal  justice  agency  pursuant  to  this
    12  subdivision,  the  criminal  justice agency conducting the investigation
    13  may contact the office of children and family services  and  request  an
    14  immediate  administrative review by a supervisor or designated employee,
    15  as applicable, pursuant to paragraph (E) of this subdivision. The  local
    16  social  services district shall provide the criminal justice agency with
    17  the most expedient and appropriate method to contact the office of chil-
    18  dren and family services in order to  request  such  review.  Once  such
    19  request is received, and after consultation with the requesting criminal
    20  justice  agency,  the individual designated pursuant to paragraph (E) of
    21  this subdivision shall immediately review the request and  determine  de
    22  novo  whether the provisions of this clause apply and, therefore, access
    23  to the requested materials should be granted. If it is  determined  that
    24  the  criminal justice agency may have access to the requested materials,
    25  such materials shall be supplied by the office of  children  and  family
    26  services  or  directed  to  be  supplied  by  the  local social services
    27  district  in  possession  of  such  materials  immediately   after   the
    28  completion of such administrative review];
    29    §  3.  Paragraph  (E)  of  subdivision  4 of section 422 of the social
    30  services law, as added by a chapter of the laws  of  2015  amending  the
    31  social  services law relating to the statewide central register of child
    32  abuse  and  maltreatment,  as  proposed  in  legislative  bills  numbers
    33  S.3520-A and A.5803, is REPEALED.
    34    §  4.  This  act  shall  take  effect on the same date and in the same
    35  manner as a chapter of the laws of 2015 amending the social services law
    36  relating to the statewide central register of child abuse and  maltreat-
    37  ment, as proposed in legislative bills numbers S.3520-A and A.5803.
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