New York State Assembly

Bill No.:  

 
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S05573 Summary:

BILL NO	S05573
SAME AS	No Same As
SPONSOR	MONTGOMERY
COSPNSR
MLTSPNSR
Amd §412, Soc Serv L
Relates to the standard of proof for unfounded and indicated reports of child abuse or maltreatment; requires a fair preponderance of evidence of the alleged abuse or maltreatment for a report to be indicated.

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S05573 Actions:

BILL NO	S05573
05/07/2019	REFERRED TO CHILDREN AND FAMILIES
01/08/2020	REFERRED TO CHILDREN AND FAMILIES

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S05573 Committee Votes:

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S05573 Floor Votes:

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S05573 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5573
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       May 7, 2019
                                       ___________
 
        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Children and Families
 
        AN ACT to amend the social services law, in relation to the standard  of
          proof for unfounded and indicated reports of abuse or maltreatment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 6 and 7 of section 412 of the social  services
     2  law,  as  added by chapter 1039 of the laws of 1973 and as renumbered by
     3  chapter 323 of the laws of 2008, are amended to read as follows:
     4    6. An "unfounded report" means any report made pursuant to this
     5    title unless an investigation determines that [some credible evidence]
     6  a fair preponderance of evidence of the alleged  abuse  or  maltreatment
     7  exists;
     8    7. An "indicated report" means a report made pursuant to this title if
     9  an investigation determines that [some credible evidence] a fair prepon-
    10  derance of evidence of the alleged abuse or maltreatment exists.
    11    §  2.  This  act  shall take effect on the sixtieth day after it shall
    12  have become a law.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11537-01-9

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