Relates to individuals who refuse to participate in an investigation being conducted by child protective services

Summary of specific provisions

Adds a new subsection (e) to section 422-a of the social service law. Subsection (i) states that if a child protective worker identifies themselves and is carrying an ID card proving that they are, in fact, a child protective worker, and the subject of the investigation (i.e. parent or guardian) blatantly refuses to meet with the worker or let them into the home, the parent or guardian will have twenty-four hours to comply with the request for a meeting or a home visit.

Subsection (ii) states that the child protective agency will be responsible for informing the parent or guardian that the twenty·four hours have lapsed. If the individual is still refusing to meet with child protective workers than this should indicate a need for a more thorough investigation and an immediate warrant will be issued in order to evaluate the safety and well-being of the child or children. This action will be taken upon the first blatant refusal of the parent or guardian. Blatant refusal is defined as verbally refusing a meeting or refusing to meet with investigators by using physical force.

Effects of present law which this bill would alter

There is currently no action or lack of action that calls for an immediate warrant for child protective workers to investigate a case under current law. Presently, if the agency pursues a warrant or not depends upon the judgment of each individual case worker's opinions on each individual case.

This bill provides child protective workers with the power and authority to pursue an immediate warrant if the subject of the investigation (i.e. parent or guardian) blatantly refuse to participate in the investigation by refusing to meet with workers or by refusing a home visit. This would occur upon the first refusal to participate and would provide an opportunity for child protective workers to meet with the family in order to evaluate if the child/children are in imminent danger.

Justification

After the tragic death of Nixzmary Brown, age 7, who was brutally tortured and murdered by her stepfather, some sources have indicated that her stepfather refused to comply with the child protective worker's request for a meeting with the family within their home. There was talk of pursuing a warrant, but child protective services never followed through. It has now become clear that some of the subjective nature of child protective investigations must be removed.

Defining specific circumstances that would issue an immediate warrant would eliminate the subjectivity of when a warrant would be issued and for what behaviors or actions. One specific' circumstance that should be an indication that an immediate warrant be issued is a parent or guardian's blatant refusal to meet with a investigator from child protective services or allow such an investigator into their home. Meeting with investigators, especially within the family's home, provides critical information regarding the safety and well-being of the child or children. These meetings are necessary in helping to keep children out of harm's way.

Legislative history

S.2156 of 2007 02/01/07 Referred to Social Services, Children & Families S.131 of 2009 01/07/09 REFERRED TO SOCIAL SERVICES, CHILDREN & FAMILIES 01/16/09 REFERRED TO CHILDREN & FAMILIES 01/06/10 REFERRED TO SOCIAL SERVICES, CHILDREN & FAMILIES 01/20/10 COMMITTEE DISCHARGED AND COMMITTED TO CHILDREN & FAMILIES

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.