A00872 Summary:

BILL NOA00872
 
SAME ASSAME AS S01518
 
SPONSORLupardo
 
COSPNSR
 
MLTSPNSR
 
Amd S20, Soc Serv L; amd S2, Chap 544 of 2014
 
Relates to protocol for release of reports by local social services districts on the death of certain children.
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A00872 Actions:

BILL NOA00872
 
01/07/2015referred to children and families
03/03/2015reported
03/05/2015advanced to third reading cal.61
03/09/2015substituted by s1518
 S01518 AMEND= FELDER
 01/13/2015REFERRED TO RULES
 01/21/2015ORDERED TO THIRD READING CAL.23
 02/02/2015PASSED SENATE
 02/02/2015DELIVERED TO ASSEMBLY
 02/02/2015referred to children and families
 03/09/2015substituted for a872
 03/09/2015ordered to third reading cal.61
 03/09/2015passed assembly
 03/09/2015returned to senate
 08/03/2015DELIVERED TO GOVERNOR
 08/13/2015SIGNED CHAP.145
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A00872 Committee Votes:

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A00872 Floor Votes:

There are no votes for this bill in this legislative session.
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A00872 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           872
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Children and Families
 
        AN ACT to amend the social services law, in relation to report protocol,
          and to amend chapter 544 of the laws  of  2014,  amending  the  social
          services  law relating to requiring written comments to be included in
          reports by local social services districts on  the  death  of  certain
          children, in relation to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (b) and (c) of subdivision 5 of  section  20  of
     2  the  social services law, as amended by chapter 544 of the laws of 2014,
     3  are amended to read as follows:
     4    (b) Such report shall include (i) the cause  of  death,  whether  from
     5  natural  or  other  causes,  (ii)  identification of child protective or
     6  other services provided or actions taken regarding such child and his or
     7  her family, (iii) any extraordinary or pertinent information  concerning
     8  the  circumstances  of  the child's death, (iv) whether the child or the
     9  child's family had received assistance, care or services from the social
    10  services district prior to such child's death, (v) any action or further
    11  investigation undertaken by  the  department  or  by  the  local  social
    12  services  district  since  the  death of the child, (vi) as appropriate,
    13  recommendations for local or state administrative or policy changes, and
    14  (vii) written comments as may be provided by any local  social  services
    15  district  referenced  in  such report, to the extent that such comments:
    16  (A) protect the confidentiality and privacy of the deceased  child,  his
    17  or her siblings, the parent or other person legally responsible for such
    18  child, any other members of such child's household and the source of any
    19  report of suspected child abuse or maltreatment, and (B) are relevant to
    20  the  fatality  reported and pertain to any of the provisions of subpara-
    21  graph (i), (ii), (iii), (iv), (v) or (vi) of  this  paragraph,  provided
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07382-01-5

        A. 872                              2
 
     1  that  any  comments that pertain to subparagraphs (i), (ii), (iii), (iv)
     2  or (v) of this paragraph must be factually accurate.
     3    Such  report shall contain no information that would identify the name
     4  of the deceased child, his or her siblings, the parent or  other  person
     5  legally  responsible  for  the child or any other members of the child's
     6  household, but shall refer instead to the case, which may be denoted  in
     7  any  fashion  determined appropriate by the department or a local social
     8  services district. In making a fatality report available to  the  public
     9  pursuant  to  paragraph  (c)  of  this  subdivision,  the department may
    10  respond to a child specific request for such report if the  commissioner
    11  determines that such disclosure is not contrary to the best interests of
    12  the deceased child's siblings or other children in the household, pursu-
    13  ant  to  subdivision  five  of section four hundred twenty-two-a of this
    14  chapter. Except as it may apply directly to the cause of  the  death  of
    15  the  child,  nothing  herein shall be deemed to authorize the release or
    16  disclosure to the public of the substance or content of  any  psycholog-
    17  ical, psychiatric, therapeutic, clinical or medical reports, evaluations
    18  or like materials or information pertaining to such child or the child's
    19  family.
    20    (c)  [Thirty]  Twenty  days  prior  to  the  release of the report the
    21  department shall forward  the  proposed  report  to  each  local  social
    22  services  district  referenced  in  the report. Within [twenty] ten days
    23  thereafter, each local social  services  district  may  provide  written
    24  comments  [which the] in accordance with subparagraph (vii) of paragraph
    25  (b) of this subdivision  to  the  department  in  the  form  and  manner
    26  required  by  the  department  to  be  included by the department [shall
    27  include] within the report.  No later than six months from the  date  of
    28  the  death of such child, the department shall forward its report to the
    29  social services district, chief county executive officer, chairperson of
    30  the local legislative  body  of  the  county  where  the  child's  death
    31  occurred  and the social services district which had care and custody or
    32  custody and guardianship of the  child,  if  different.  The  department
    33  shall  notify  the  temporary president of the senate and the speaker of
    34  the assembly as to the issuance of such reports and, in addition to  the
    35  requirements of section seventeen of this chapter, shall submit an annu-
    36  al  cumulative  report to the governor and the legislature incorporating
    37  the data in the above reports and  including  appropriate  findings  and
    38  recommendations.  Such  reports concerning the death of a child and such
    39  cumulative reports shall immediately thereafter be made available to the
    40  public after such forwarding or submittal.
    41    § 2. Section 2 of chapter 544 of the laws of 2014, amending the social
    42  services law relating to requiring written comments to  be  included  in
    43  reports by local social services districts on the death of certain chil-
    44  dren, is amended to read as follows:
    45    §  2.  This  act  shall take effect [immediately] on the ninetieth day
    46  after it shall have become a law and shall  apply  to  fatality  reports
    47  issued on or after such date.
    48    §  3.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on the same date as  chapter  544  of
    50  the  laws  of  2014  took  effect,  provided that the amendments made by
    51  section one of this act shall take effect on the same date  and  in  the
    52  same manner as chapter 544 the laws of 2014, takes effect.
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