Bill Text: NY A08108 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to access to records of the differential response program for child protection assessments or investigations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-03 - signed chap.377 [A08108 Detail]
Download: New_York-2011-A08108-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8108--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 1, 2011
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Children and Families -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the social services law, in relation to access to
records of the differential response program for child protection
assessments or investigations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (c) of subdivision 4 of section 427-a of the
2 social services law, as added by chapter 452 of the laws of 2007, is
3 amended to read as follows:
4 (c) For those reports which are included in the family assessment and
5 services track, the social services district shall not be subject to the
6 requirements of this title concerning initial investigation of reports
7 of suspected abuse and maltreatment of children, including notification
8 requirements. For reports assigned to the family assessment and services
9 track, the social services district shall be responsible for ensuring
10 that the children are safe in their homes. Such safety [check] ASSESS-
11 MENT shall be commenced within twenty-four hours of receipt of the
12 report and completed within seven days. Based on the initial safety
13 [check] ASSESSMENT, the district shall determine if the report shall
14 continue under the family assessment and services track. This safety
15 [check] ASSESSMENT must be documented in the manner specified by the
16 office of children and family services. Should the children be found to
17 be safe in the home, the social services district shall then identify
18 service needs and family issues, if any, that should be addressed.
19 (i) Where the social services district determines, based on the
20 initial safety [check] ASSESSMENT, that the report is appropriate to be
21 included in the family assessment and services track, the social
22 services district shall document the reason for that determination in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11907-08-1
A. 8108--A 2
1 the initial safety [check] ASSESSMENT and inform the statewide central
2 register of child abuse and maltreatment that the report is part of the
3 family assessment and services track and request that the records of the
4 statewide central register of child abuse and maltreatment of such
5 report be classified as an assessment track case and be legally sealed
6 [in accordance with the provisions of paragraph (a) of subdivision five
7 of section four hundred twenty-two of this title]. Such sealed reports
8 shall be maintained at the statewide central register of child abuse and
9 maltreatment for ten years after the report was made. ACCESS TO REPORTS
10 ASSIGNED TO, AND RECORDS CREATED UNDER THE FAMILY ASSESSMENT AND
11 SERVICES TRACK AND INFORMATION CONCERNING SUCH REPORTS AND RECORDS IS
12 GOVERNED BY PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION.
13 (ii) Where the social services district determines, based on the
14 initial safety [check] ASSESSMENT, to investigate the report as a report
15 of suspected child abuse or maltreatment, the social services district
16 shall document the reason for that decision in the initial safety
17 [check] ASSESSMENT. Where the social services district makes the deter-
18 mination to investigate the report, all of the requirements of this
19 title concerning investigations of reports of suspected child abuse and
20 maltreatment shall apply, including the notification requirements. The
21 report shall no longer be eligible to be included in the family assess-
22 ment and services track.
23 S 2. Paragraph (b) of subdivision 5 of section 427-a of the social
24 services law, as added by chapter 452 of the laws of 2007, is amended to
25 read as follows:
26 (b) All records created as part of the family assessment and services
27 track shall include, but not be limited to, documentation of the initial
28 safety [check] ASSESSMENT, the examination of the family's strengths,
29 concerns and needs, all services offered and accepted by the family, the
30 plan for supportive services for the family, all evaluations and assess-
31 ments of the family's progress, and all periodic risk assessments.
32 S 3. Subdivision 5-a of section 422 of the social services law, as
33 added by chapter 452 of the laws of 2007, is amended to read as follows:
34 5-a. Upon notification from a local social services district, that a
35 report is part of the family assessment and services track pursuant to
36 subparagraph (i) of paragraph (c) of subdivision four of section four
37 hundred twenty-seven-a of this title, the central register shall forth-
38 with identify the report as an assessment track case and legally seal
39 such report. ACCESS TO REPORTS ASSIGNED TO, AND RECORDS CREATED UNDER
40 THE FAMILY ASSESSMENT AND SERVICES TRACK AND INFORMATION CONCERNING SUCH
41 REPORTS AND RECORDS IS GOVERNED BY PARAGRAPH (D) OF SUBDIVISION FIVE OF
42 SECTION FOUR HUNDRED TWENTY-SEVEN-A OF THIS TITLE.
43 S 4. Paragraph (d) of subdivision 5 of section 427-a of the social
44 services law, as added by chapter 452 of the laws of 2007, is amended to
45 read as follows:
46 (d) All REPORTS ASSIGNED TO, AND records created [as part of] UNDER,
47 the family assessment and services track, INCLUDING BUT NOT LIMITED TO
48 REPORTS MADE OR WRITTEN AS WELL AS ANY OTHER INFORMATION OBTAINED OR
49 PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS OR RECORDS shall be confiden-
50 tial and shall be made available only to:
51 (I) staff of the office of children and family services and persons
52 designated by the office of children and family services;
53 (II) the social services district responsible for the FAMILY ASSESS-
54 MENT AND SERVICES TRACK case;
A. 8108--A 3
1 (III) community-based agencies that have contracts with the social
2 services district to carry out activities for the district under the
3 family assessment and services track; [and]
4 (IV) providers of services under the family assessment and services
5 track; [and]
6 (V) any social services district investigating a subsequent report of
7 abuse or maltreatment involving the same subject or the same child or
8 children named in the report;
9 (VI) A COURT, BUT ONLY WHILE THE FAMILY IS RECEIVING SERVICES PROVIDED
10 UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK AND ONLY PURSUANT TO A
11 COURT ORDER OR JUDICIAL SUBPOENA, ISSUED AFTER NOTICE AND AN OPPORTUNITY
12 FOR THE SUBJECT OF THE REPORT AND ALL PARTIES TO THE PRESENT PROCEEDING
13 TO BE HEARD, BASED ON A JUDICIAL FINDING THAT SUCH REPORTS, RECORDS, AND
14 ANY INFORMATION CONCERNING SUCH REPORTS AND RECORDS, ARE NECESSARY FOR
15 THE DETERMINATION OF AN ISSUE BEFORE THE COURT. SUCH REPORTS, RECORDS
16 AND INFORMATION TO BE DISCLOSED PURSUANT TO A JUDICIAL SUBPOENA SHALL BE
17 SUBMITTED TO THE COURT FOR INSPECTION AND FOR SUCH DIRECTIONS AS MAY BE
18 NECESSARY TO PROTECT CONFIDENTIALITY, INCLUDING BUT NOT LIMITED TO
19 REDACTION OF PORTIONS OF THE REPORTS, RECORDS, AND INFORMATION AND TO
20 DETERMINE ANY FURTHER LIMITS ON REDISCLOSURE IN ADDITION TO THE LIMITA-
21 TIONS PROVIDED FOR IN THIS TITLE. A COURT SHALL NOT HAVE ACCESS TO THE
22 SEALED FAMILY ASSESSMENT AND SERVICES REPORTS, RECORDS, AND ANY INFORMA-
23 TION CONCERNING SUCH REPORTS AND RECORDS, AFTER THE CONCLUSION OF
24 SERVICES PROVIDED UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK; AND
25 (VII) THE SUBJECT OF THE REPORT INCLUDED IN THE RECORDS OF THE FAMILY
26 ASSESSMENT AND SERVICES TRACK.
27 S 5. Subdivision 5 of section 427-a of the social services law is
28 amended by adding a new paragraph (e) to read as follows:
29 (E) PERSONS GIVEN ACCESS TO SEALED REPORTS, RECORDS, AND ANY INFORMA-
30 TION CONCERNING SUCH REPORTS AND RECORDS, PURSUANT TO PARAGRAPH (D) OF
31 THIS SUBDIVISION SHALL NOT REDISCLOSE SUCH REPORTS, RECORDS AND INFORMA-
32 TION EXCEPT AS FOLLOWS:
33 (I) THE OFFICE OF CHILDREN AND FAMILY SERVICES AND SOCIAL SERVICES
34 DISTRICTS MAY DISCLOSE AGGREGATE, NON-CLIENT IDENTIFIABLE INFORMATION;
35 (II) SOCIAL SERVICES DISTRICTS, COMMUNITY-BASED AGENCIES THAT HAVE
36 CONTRACTS WITH A SOCIAL SERVICES DISTRICT TO CARRY OUT ACTIVITIES FOR
37 THE DISTRICT UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK, AND PROVID-
38 ERS OF SERVICES UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK, MAY
39 EXCHANGE SUCH REPORTS, RECORDS AND INFORMATION CONCERNING SUCH REPORTS
40 AND RECORDS AS NECESSARY TO CARRY OUT ACTIVITIES AND SERVICES RELATED TO
41 THE SAME PERSON OR PERSONS ADDRESSED IN THE RECORDS OF A FAMILY ASSESS-
42 MENT AND SERVICES TRACK CASE;
43 (III) THE CHILD PROTECTIVE SERVICE OF A SOCIAL SERVICES DISTRICT MAY
44 UNSEAL A REPORT, RECORD AND INFORMATION CONCERNING SUCH REPORT AND
45 RECORD OF A CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK IN THE
46 EVENT SUCH REPORT, RECORD OR INFORMATION IS RELEVANT TO A SUBSEQUENT
47 REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT. INFORMATION FROM SUCH
48 AN UNSEALED REPORT OR RECORD THAT IS RELEVANT TO THE SUBSEQUENT REPORT
49 OF SUSPECTED CHILD ABUSE AND MALTREATMENT MAY BE USED BY THE CHILD
50 PROTECTIVE SERVICE FOR PURPOSES OF INVESTIGATION AND FAMILY COURT ACTION
51 CONCERNING THE SUBSEQUENT REPORT AND MAY BE INCLUDED IN THE RECORD OF
52 THE INVESTIGATION OF THE SUBSEQUENT REPORT. IF THE SOCIAL SERVICES
53 DISTRICT INITIATES A PROCEEDING UNDER ARTICLE TEN OF THE FAMILY COURT
54 ACT IN CONNECTION WITH SUCH A SUBSEQUENT REPORT OF SUSPECTED CHILD ABUSE
55 AND MALTREATMENT AND THERE IS INFORMATION IN THE REPORT OR RECORD OF A
56 PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK THAT IS
A. 8108--A 4
1 RELEVANT TO THE PROCEEDING, THE SOCIAL SERVICES DISTRICT SHALL INCLUDE
2 SUCH INFORMATION IN THE RECORD OF THE INVESTIGATION OF THE SUBSEQUENT
3 REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT AND SHALL MAKE THAT
4 INFORMATION AVAILABLE TO THE FAMILY COURT AND THE OTHER PARTIES FOR USE
5 IN SUCH PROCEEDING PROVIDED, HOWEVER, THAT THE INFORMATION INCLUDED FROM
6 THE PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK SHALL
7 THEN BE SUBJECT TO ALL LAWS AND REGULATIONS REGARDING CONFIDENTIALITY
8 THAT APPLY TO THE RECORD OF THE INVESTIGATION OF SUCH SUBSEQUENT REPORT
9 OF SUSPECTED CHILD ABUSE OR MALTREATMENT. THE FAMILY COURT MAY CONSIDER
10 THE INFORMATION FROM THE PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND
11 SERVICES TRACK THAT IS RELEVANT TO SUCH PROCEEDING IN MAKING ANY DETER-
12 MINATIONS IN THE PROCEEDING; AND
13 (IV) A SUBJECT OF THE REPORT MAY, AT HIS OR HER DISCRETION, PRESENT A
14 REPORT, RECORDS AND INFORMATION CONCERNING SUCH REPORT AND RECORDS FROM
15 THE FAMILY ASSESSMENT AND SERVICES TRACK CASE, IN WHOLE OR IN PART, IN
16 ANY PROCEEDING UNDER ARTICLE TEN OF THE FAMILY COURT ACT IN WHICH THE
17 SUBJECT IS A RESPONDENT. A SUBJECT OF THE REPORT ALSO MAY, AT HIS OR HER
18 DISCRETION, PRESENT A REPORT, RECORDS AND INFORMATION CONCERNING SUCH
19 REPORT AND RECORDS FROM THE FAMILY ASSESSMENT AND SERVICES TRACK, IN
20 WHOLE OR IN PART, IN ANY PROCEEDING INVOLVING THE CUSTODY OF, OR VISITA-
21 TION WITH THE SUBJECT'S CHILDREN, OR IN ANY OTHER RELEVANT PROCEEDING.
22 IN MAKING ANY DETERMINATION IN SUCH A PROCEEDING, THE COURT MAY CONSIDER
23 ANY PORTION OF THE FAMILY ASSESSMENT AND SERVICE TRACK REPORT, RECORDS
24 AND ANY INFORMATION CONCERNING SUCH REPORT AND RECORDS PRESENTED BY THE
25 SUBJECT OF THE REPORT THAT IS RELEVANT TO THE PROCEEDING. NOTHING IN
26 THIS SUBPARAGRAPH, HOWEVER, SHALL BE INTERPRETED TO AUTHORIZE A COURT TO
27 ORDER THE SUBJECT TO PRODUCE SUCH REPORT, RECORDS OR INFORMATION
28 CONCERNING SUCH REPORT AND RECORDS, IN WHOLE OR IN PART.
29 S 6. Section 426 of the social services law, as amended by chapter 676
30 of the laws of 1985, is amended to read as follows:
31 S 426. Annual reports. The commissioner shall prepare for inclusion in
32 the annual report required by subdivision (d) of section seventeen of
33 this chapter to be filed with the governor and the legislature prior to
34 December fifteenth of each year, a report on the operations of the state
35 central register of child abuse and maltreatment and the various local
36 child protective services. The report shall include a full statistical
37 analysis of the reports made to the central register together with a
38 report on the implementation of this title, his evaluation of services
39 offered under this chapter and his recommendations for additional legis-
40 lation to fulfill the purposes of this title. Such report shall indicate
41 the number of child abuse and maltreatment reports and cases received by
42 the statewide central register of child abuse and maltreatment by each
43 district in the preceding year, the number of such cases determined to
44 have been indicated and the number of such cases determined to be
45 unfounded by each district in the preceding year, the number of such
46 cases which have not been indicated or unfounded within the time period
47 required by subdivision seven of section four hundred twenty-four of
48 this chapter by each district in the preceding year and the number of
49 workers assigned to the child protective service in each district in the
50 preceding year. SUCH REPORT SHALL INCLUDE, AMONG OTHER INFORMATION,
51 AVAILABLE DEMOGRAPHIC INFORMATION AND AVAILABLE INFORMATION CONCERNING
52 THE RACIAL AND ETHNIC CHARACTERISTICS OF THE FAMILY MEMBERS AND PERSONS
53 SERVED BY THE DIFFERENTIAL RESPONSE PROGRAM PURSUANT TO SECTION FOUR
54 HUNDRED TWENTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AS WELL AS AVAILABLE
55 INFORMATION CONCERNING THE RACIAL AND ETHNIC CHARACTERISTICS OF THE
56 FAMILY MEMBERS AND PERSONS SERVICED UNDER THE TRADITIONAL CHILD PROTEC-
A. 8108--A 5
1 TIVE SERVICES PROGRAM, IN EACH LOCAL SOCIAL SERVICES DISTRICT IN THE
2 STATE. The report shall also contain data on the protection of children
3 in residential care from abuse and maltreatment, including reports
4 received, results of investigations by types of facilities and programs,
5 types of corrective action taken, as well as efforts undertaken by the
6 department, the division for youth and the state education department to
7 provide training pursuant to standards established by section four
8 hundred sixty-two of this chapter, section five hundred one of the exec-
9 utive law and sections forty-four hundred three, forty-three hundred
10 fourteen, forty-three hundred fifty-eight and forty-two hundred twelve
11 of the education law.
12 S 7. This act shall take effect immediately; provided that section six
13 of this act shall take effect January 1, 2014.
