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History
- Referred to children and families
- Referred to children and families
Companion bill
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Requires additional investigation of certain claims of abuse or maltreatment
In Assembly Committee · Social Services · Sponsor William A. Barclay
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to requiring additional investigation of certain claims of abuse or maltreatment
Purpose of bill
This bill establishes that the Department of Social Services shall 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 section 1 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 years for the next five year from the date of the last report.
Justification
Despite the best efforts of Departments of Social Services, many children in the state fall victim to abuse. Too frequently shortfalls in the system of reporting and investigation can result in a child's death. The federal Center for Disease Control reports that one in every 50 children under the age of one have experienced some kind of abuse. Frequently the abuse is part of a pattern of neglect and maltreatment and may progress over time from physical to sexual abuse.
Under current New York law, calls to the Child Abuse Hotline, whether by concerned citizens or mandated reporters, are required to be investigated by the local Child Protective Service within 24 hours from when the initial 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 Child Abuse Hotline. There is no provision allowing caseworkers to follow up with the subjects of prior reports to determine if details were missed or if conditions have deteriorated or if circumstances have gotten worse.
The tragic death of Erin M. in Oswego county is one such case where the system failed. Erin was an eleven-year old girl whose 2008 death has been ruled a homicide. Available public information makes it clear that the conditions in which she lived were deplorable and that the home was unfit for occupancy. It has also been reported that the Department of Social Services visited the house and closed the case stating that the guardians provided reasonable and necessary care.
Establishing a five year period of time from the date of the last report, during which time caseworkers will continue to investigate and evaluate a situation, will allow more opportunity to determine if details were missed or if conditions have deteriorated. 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.
Legislative history
New legislation.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.