Removes special powers granted to the society for the prevention of cruelty to children; repealer

Summary of specific provisions

1) Amends subdivision (i) of section 1012 of the family court act, by removing SPCCs from the definition as a child protective agency;

2) Amends subdivision (a) of section 1024 of the family court act, by removing SPCCs authority to take a child into protective custody;

3) Amends subdivision I of section 1034 of the family court act, by removing SPCCs authority to conduct child abuse investigations;

4) Amends paragraph (a) of subdivision I of section 417 of the social services law, by removing SPCCs authority to take a child into protec- tive custody;

5) Amends subdivision 2 of section 386 of the social services law, by removing SPCC's authority to visit group homes at its discretion;

6) Amends subdivision 5 of section 372 of the social services law by eliminating references to the SPCC;

7) Repeals subdivision 7-a of section 2.10 of the criminal procedure law by removing SPCC members authorization as peace officers;

8) Adds a new subdivision 7-a to section 2.10 of the criminal procedure law to authorize officers or agents of an SPCC in Rockland County to obtain peace officer status;

9) Removes the ability of SPCC in NYC to designate its members as peace officers;

10) Authorizes officers or agents of any SPCC in Rockland County to obtain peace officer status;

11) Removes the SPCC as being considered a duly authorized association within which children may be placed;

12) Removes SPCC's authority to investigate reports of child abuse.

13) Exempts Erie County from sections 1, 2, 3, 4, 5, 6, 11 and 12 of this Act for a period of five years from the effective date, upon which time the legislature shall review the fiscal circumstances which neces- sitated such exemption.

14) Sets an immediate effective date, provide that sections 8, 10 and

13 expire five years after the effective date.

Justification

Societies for the Prevention of Cruelty to Children (SPCC) were first established in New York State in the mid-1870s, in response to a need for protecting children from abuse and neglect. At that time, there were no state laws or authorities to protect children from abusive situ- ations. For over a century these organizations helped to protect the children of our state. However, with the enactment of the Child Protec- tive Services Act in 1973, the state assumed the role of protecting children against abuse and neglect.

In July of 2001, the New York State Commission of Investigation released a report that details many abuses of authority still committed by agents of the SPCCs. On numerous occasions, it has been documented that the agents of the SPCCs have misrepresented themselves as law enforcement officers by wearing uniforms, carrying shields, and using parking plac- ards, which falsely identified them as state law enforcement. These agents have also been reported to have interfered in police investi- gations, and to have asked school officials and hospitals to contact them if they identify any cases of abuse rather than informing the State hotline.

Despite these findings, SPCCs are still authorized to provide child protective services, and without any State oversight or regulation. The SPCCs played a very valuable role for the children of New York State for more than a hundred years, and many of the services they provide to the community are still very valuable and necessary. However, there is no longer a place for the SPCCs to provide child protective services, unless they have contracted with a local social services district like any other agency. The laws put in place over a hundred years ago are no longer necessary, and if anything, are dangerous to the system which has been established by the State to ensure the safety of all the children in New York State.

Prior legislative history

2008: A.10516-A/S.3153

Fiscal implications

None.

Effective date

Immediately, provided that sections 8, 10 and 13 shall expire five years after the effective date of this act.