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A05060 Summary:

BILL NOA05060
 
SAME ASNo Same As
 
SPONSORBarclay (MS)
 
COSPNSRMorinello, Giglio JM, Byrnes, Lemondes, DeStefano
 
MLTSPNSRBrown K, Manktelow
 
Amd §424, Soc Serv L
 
Requires additional investigation when three or more claims of abuse or maltreatment of a child are made relating to the same person; requires such person to be investigated and evaluated at least once a year for the next five years from the date of the last report.
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A05060 Actions:

BILL NOA05060
 
03/02/2023referred to children and families
05/23/2023held for consideration in children and families
01/03/2024referred to children and families
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A05060 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5060
 
SPONSOR: Barclay (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to requiring addi- tional investigation of certain claims of abuse or maltreatment   PURPOSE OR GENERAL IDEA OF BILL: This bill establishes that the Department of Social Services continue to investigate and evaluate any reports to the Child Abuse Hotline, once a year for the next five years from the date of the last report when three or more reports are made relating to the same person.   SUMMARY OF PROVISIONS: Amends Subdivision 3 of section 424 of the Social Service law by adding a new paragraph that states when three or more reports relating to the same person are made to the Child Abuse Hotline, including unfounded and closed cases not found to be mistaken or false reports, this person shall be investigated and evaluated at least once a year for the next five years from the date of last report.   JUSTIFICATION: Children are our community's most important asset and we must do every- thing possible to ensure their safety. The Center for Disease Control reports that one in every 50 children under the age of one have experi- enced some kind of abuse. Calls to the state Child Abuse Hotline, either by concerned citizens or mandated reporters, are required by law to be investigated within 24 hours from when the call was placed. Pending the outcome of the investigation, cases that have been determined unfounded are closed. These cases are not reinvestigated unless another called is placed to the state Child Abuse hotline. The tragedy of Erin Maxwell is one of these cases. Erin Maxwell was an eleven-year old Palermo girl whose 2008 death was ruled a homicide. State troopers have released public information stating that the condi- tions in which she lived were deplorable and that the home was deemed unfit for occupancy. It was also reported that the Department of Social Services visited the house and closed the case stating that the guardi- ans provided reasonable and necessary care. Providing an investigation review process will provide a check-back to what may occur, after a social worker's visit. Further, this would also give state workers the opportunity to work directly with the county to evaluate the conditions under which children are living by revisiting homes.   PRIOR LEGISLATIVE HISTORY: 2009-10 A6791 Referred to social services 2011-12 A4232 Held for consideration in Social Services 2013-14 A4264 Held for consideration in Children and Families 2001-16 A5559 Held for consideration in children and Families 2017-18 A3884 Held for consideration in Children and Families 2019-20 A5019 Held for consideration in Children and Families 2021-22 A6423 Referred to Children and Families   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
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A05060 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5060
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BARCLAY,  MORINELLO,  J. M. GIGLIO,  BYRNES,
          LEMONDES, DeSTEFANO -- Multi-Sponsored by -- M. of A. K. BROWN,  MANK-
          TELOW -- read once and referred to the Committee on Children and Fami-
          lies
 
        AN  ACT to amend the social services law, in relation to requiring addi-
          tional investigation of certain claims 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. Subdivision 3 of section 424 of the social services law, as
     2  added  by  chapter  1039  of  the  laws  of  1973, is amended to read as
     3  follows:
     4    3. upon the receipt of each  written  report  made  pursuant  to  this
     5  title, transmit, forthwith, a copy thereof to the state central register
     6  of  child abuse and maltreatment. In addition, not later than seven days
     7  after receipt of the initial report, the child protective service  shall
     8  send  a preliminary written report of the initial investigation, includ-
     9  ing evaluation and actions taken or contemplated, to the  state  central
    10  register. Follow-up reports shall be made at regular intervals thereaft-
    11  er  in a manner and form prescribed by the commissioner by regulation to
    12  the end that the state central  register  is  kept  fully  informed  and
    13  up-to-date  concerning  the handling of reports; provided, however, that
    14  when three or more reports are made relating to the same person relating
    15  to the abuse or maltreatment of a child, including unfounded and  closed
    16  cases  not  found  to be mistaken or false reports, such person shall be
    17  investigated and evaluated at least once a year for the next five  years
    18  from the date of the last report;
    19    § 2. This act shall take effect on the one hundred twentieth day after
    20  it  shall have become a law. Effective immediately, the addition, amend-
    21  ment and/or repeal of any rule or regulation necessary for the implemen-
    22  tation of this act on its effective date are authorized to be  made  and
    23  completed on or before such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04904-01-3
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