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S00137 Summary:

BILL NOS00137
 
SAME ASSAME AS A03900
 
SPONSORLITTLE
 
COSPNSRAKSHAR, CROCI, FUNKE, GOLDEN, JACOBS, KENNEDY, MARCHIONE, RITCHIE, SEWARD
 
MLTSPNSR
 
Amd 424, Soc Serv L; amd 1034, Fam Ct Act
 
Directs child protective services to investigate and test, for the presence of controlled substances, a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child; authorizes family courts to order the production of such a child for the purpose of conducting such testing; and directs the office of children and family services to compile data on such testing, and to submit a report thereon to the governor and the legislature.
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S00137 Actions:

BILL NOS00137
 
01/04/2017REFERRED TO SOCIAL SERVICES
01/17/20171ST REPORT CAL.34
01/18/20172ND REPORT CAL.
01/23/2017ADVANCED TO THIRD READING
01/24/2017PASSED SENATE
01/24/2017DELIVERED TO ASSEMBLY
01/24/2017referred to children and families
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S00137 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           137
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sens.  LITTLE, AKSHAR, FUNKE, GOLDEN, RITCHIE, SEWARD --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Social Services
 
        AN  ACT to amend the social services law, in relation to directing child
          protective services to investigate for child abuse or maltreatment, in
          any case where a child, under the age of 3 years is in the vicinity of
          a person arrested for a controlled substance offense when the arrested
          person is the parent or guardian of, or person legally responsible for
          such child, and requiring the testing of such a child for the presence
          of controlled substances in his or her system;  to  amend  the  family
          court  act,  in relation to authorizing courts to order the production
          of such a child for the purpose of testing; and directing  the  office
          of  children  and  family  services  to submit a report thereon to the
          governor and the legislature
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 424 of the social services law is amended by adding
     2  a new subdivision 15 to read as follows:
     3    15. upon the receipt of a report of suspected child abuse or maltreat-
     4  ment  of a child under the age of three years, made by a person required
     5  to report cases of suspected child abuse  or  maltreatment  pursuant  to
     6  section  four hundred thirteen of this title, when such child was in the
     7  vicinity of his or her parent or guardian, or a person legally responsi-
     8  ble for the child, who was arrested for an offense  defined  in  article
     9  two  hundred twenty of the penal law, immediately cause an investigation
    10  to be commenced to determine whether the child is abused and maltreated,
    11  and cause within ten days of such report, a hair follicle test or  other
    12  appropriate  test to be performed on the child to determine the presence
    13  of controlled substances in the child's system.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05725-01-7

        S. 137                              2
 
     1    § 2. Subparagraph (ii) of paragraph (a) of subdivision  2  of  section
     2  1034  of  the family court act, as amended by chapter 740 of the laws of
     3  2006, is amended to read as follows:
     4    (ii) Where a court order has been requested pursuant to this paragraph
     5  the  court  may  issue  an  order  under this section requiring that the
     6  parent or other persons legally responsible for the  child  or  children
     7  produce the child or children at a particular location which may include
     8  a  child  advocacy center, or to a particular person for an interview of
     9  the child or children, and for  observation  of  the  condition  of  the
    10  child,   outside   of  the  presence  of  the  parent  or  other  person
    11  responsible, and, in the case of a report submitted pursuant to subdivi-
    12  sion fifteen of section four hundred twenty-four of the social  services
    13  law,  for  the  purpose  of the testing of the child or children for the
    14  presence of controlled substances in accordance with such subdivision.
    15    § 3. Subparagraph (ii) of paragraph (b) of subdivision  2  of  section
    16  1034  of  the family court act, as amended by chapter 740 of the laws of
    17  2006, is amended to read as follows:
    18    (ii) Where a court order has been requested pursuant to this paragraph
    19  the court may issue an order under this section authorizing  the  person
    20  conducting the child protective investigation to enter the home in order
    21  to  determine  whether  such  child  or  children  are present and/or to
    22  conduct a home visit and evaluate the home environment of the  child  or
    23  children, and, in the case of a report submitted pursuant to subdivision
    24  fifteen  of section four hundred twenty-four of the social services law,
    25  cause the child to be tested for the  possible  presence  of  controlled
    26  substances in the child's body in accordance with such subdivision.
    27    §  4. Within one year of the effective date of this act, the office of
    28  children and family services shall compile data and submit a  report  to
    29  the  governor  and the legislature on the number of cases in which tests
    30  were conducted pursuant to subdivision 15 of section 424 of  the  social
    31  services  law, and such report shall include such additional information
    32  and data as the office of children and family services shall deem to  be
    33  necessary.
    34    §  5. This act shall take effect on the first of January next succeed-
    35  ing the date on which it shall have become a law.
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