Requires child protective services to document home visits as part of a treatment plan, supervision and monitoring, pursuant to a court order, or on an emergency basis with photographs.
STATE OF NEW YORK
________________________________________________________________________
5357
2015-2016 Regular Sessions
IN ASSEMBLY
February 18, 2015
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to requiring child
protective services to document home visits with photographs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Marchella
2 Pierce's Law".
3 § 2. Subdivision 3 of section 421 of the social services law, as
4 amended by chapter 718 of the laws of 1986, paragraph (a) as amended by
5 chapter 110 of the laws of 1989 and the closing paragraph as amended by
6 chapter 320 of the laws of 1990, is amended to read as follows:
7 3. promulgate regulations setting forth requirements for the perform-
8 ance by local social services departments of the duties and powers
9 imposed and conferred upon them by the provisions of this title and of
10 article ten of the family court act. Such regulations shall establish
11 uniform requirements for the investigation of reports of child abuse or
12 maltreatment under this title. The department shall also issue guide-
13 lines which shall set forth the circumstances or conditions under which:
14 (a) personal contact shall be made with the child named in the report
15 and any other children in the same household, including interviewing
16 such child or children absent the subject of the report whenever possi-
17 ble and appropriate;
18 (b) photographs of visible physical injuries or trauma of children who
19 may be the victims of abuse or maltreatment shall be taken or arranged
20 for;
21 (c) medical examination of a child who may be a victim of abuse or
22 maltreatment and documentation of findings of such examination, shall be
23 required.
24 The department shall promulgate regulations to establish standards for
25 intervention, criteria for case closings, criteria for determining
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08574-01-5
A. 5357 2
1 whether or not to initiate a child protective proceeding, and criteria
2 for the formulation of treatment plans and for the delivery of child
3 protective services including specification of the services to be clas-
4 sified as child protective services, which shall also apply to any soci-
5 ety for the prevention of cruelty to children which has entered into a
6 currently valid contract with a local department of social services to
7 investigate child abuse or maltreatment reports. The department shall
8 promulgate regulations establishing minimum standards and practices for
9 the delivery of child protective services in connection with monitoring
10 and supervising respondents and their families as ordered by a family
11 court pursuant to section ten hundred thirty-nine and paragraphs (i),
12 (iii), (iv) and (v) of subdivision (a) of section ten hundred fifty-two
13 of the family court act. The department shall require that every case-
14 worker, child protective services employee or any person acting pursuant
15 to a contract for services with a local social services department who
16 has contact with a child as part of a treatment plan or supervision and
17 monitoring, to document each such contact with a time stamped photograph
18 of the front door of the residence where such child is domiciled during
19 such visit or contact using a tablet, cellular phone or comparable
20 device that is global positioning satellite device capable. Such photo-
21 graph shall be part of the confidential case record for such child and
22 shall be subject to periodic review by the supervisor of the case. Such
23 photograph must be of sufficient quality to clearly identify the front
24 door of the residence where the child is domiciled, and contain accurate
25 data with regard to the time and date of the photograph. The supervising
26 authority shall also require that the caseworker geographically document
27 such visit utilizing technology allowing for the geographic documenta-
28 tion. If the parent or legal guardian objects to the photograph of the
29 entrance to the residence where the child is domiciled or for the
30 geographic documentation of the visit, the caseworker shall provide a
31 form, supplied by the caseworker's agency of employment, stating that
32 the caseworker conducted the visit with the child and verified the well
33 being of the child. Such form shall indicate which procedure or proce-
34 dures prescribed in this section were objected to and shall be signed
35 and dated by both the child's parent or legal guardian and the casework-
36 er. Such form shall be utilized at each visit where either a photograph
37 is not taken or the visit is not geographically documented. Such regu-
38 lations required under this subdivision shall also require local child
39 protective services to comply with notification requirements of the
40 family court act in connection with such monitoring and supervisory
41 responsibilities.
42 § 3. Section 372 of the social services law is amended by adding a new
43 subdivision 4-c to read as follows:
44 4-c. The records maintained pursuant to this section by any casework-
45 er, child protective services employee or authorized agency as defined
46 in section three hundred seventy-one of this title who has contact with
47 a foster child as part of a treatment plan or supervision and monitor-
48 ing, shall document each such contact in accordance with the require-
49 ments set forth in subdivision three of section four hundred twenty-one
50 of this article.
51 § 4. This act shall take effect immediately.
