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.
STATE OF NEW YORK
________________________________________________________________________
3900
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Children and Families
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.
14 § 2. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
15 1034 of the family court act, as amended by chapter 740 of the laws of
16 2006, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05725-01-7
A. 3900 2
1 (ii) Where a court order has been requested pursuant to this paragraph
2 the court may issue an order under this section requiring that the
3 parent or other persons legally responsible for the child or children
4 produce the child or children at a particular location which may include
5 a child advocacy center, or to a particular person for an interview of
6 the child or children, and for observation of the condition of the
7 child, outside of the presence of the parent or other person
8 responsible, and, in the case of a report submitted pursuant to subdivi-
9 sion fifteen of section four hundred twenty-four of the social services
10 law, for the purpose of the testing of the child or children for the
11 presence of controlled substances in accordance with such subdivision.
12 § 3. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
13 1034 of the family court act, as amended by chapter 740 of the laws of
14 2006, is amended to read as follows:
15 (ii) Where a court order has been requested pursuant to this paragraph
16 the court may issue an order under this section authorizing the person
17 conducting the child protective investigation to enter the home in order
18 to determine whether such child or children are present and/or to
19 conduct a home visit and evaluate the home environment of the child or
20 children, and, in the case of a report submitted pursuant to subdivision
21 fifteen of section four hundred twenty-four of the social services law,
22 cause the child to be tested for the possible presence of controlled
23 substances in the child's body in accordance with such subdivision.
24 § 4. Within one year of the effective date of this act, the office of
25 children and family services shall compile data and submit a report to
26 the governor and the legislature on the number of cases in which tests
27 were conducted pursuant to subdivision 15 of section 424 of the social
28 services law, and such report shall include such additional information
29 and data as the office of children and family services shall deem to be
30 necessary.
31 § 5. This act shall take effect on the first of January next succeed-
32 ing the date on which it shall have become a law.
