Provides the counsel for a department of social services or his/her designee the authority to subpoena records for use in any investigation of any report received from the state central register or proceeding relating to abuse or neglect.
STATE OF NEW YORK
________________________________________________________________________
2583
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. PEOPLES-STOKES, SCHIMMINGER -- read once and
referred to the Committee on Children and Families
AN ACT to amend the family court act, in relation to allowing the coun-
sel for a local department of social services the authority to subpoe-
na records for use in any investigation or proceeding relating to
abuse or neglect
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 1038 of the family court act, as
2 separately amended by chapters 272 and 724 of the laws of 1989, is
3 amended to read as follows:
4 (a) Each hospital and any other public or private agency having custo-
5 dy of any records, photographs or other evidence relating to abuse or
6 neglect, upon the subpoena of the court, the corporation counsel, county
7 attorney or his or her designee, counsel for the local department of
8 social services or his or her designee, district attorney, counsel for
9 the child, or one of the parties to the proceeding or an investigation
10 of a report received from the state central register, shall be required
11 to send such records, photographs or evidence to the court for use in
12 any investigation of a report received from the state central register
13 or proceeding relating to abuse or neglect under this article. Notwith-
14 standing any other provision of law to the contrary, service of any such
15 subpoena on a hospital may be made by certified mail, return receipt
16 requested, or by personal service, to the director of the hospital. The
17 court shall establish procedures for the receipt and safeguarding of
18 such records.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01719-01-5
