Extends the provisions of chapter 329 of the laws of 2009

BILL NUMBER:S6926A

Title of bill

An act to amend chapter 329 of the laws of 2009, amending the family court act and the social services law, relating to removing special powers granted to the society for the prevention of cruelty to children, in relation to extending certain provisions thereof

Purpose

This bill extends the sunset period from 2014 to 2019 which exempts Erie and Rockland counties from certain provisions repealing special powers granted to the Society for Prevention of Cruelty to Children (SPCC).

Summary of provisions

Section 1 amends section 13 of chapter 329 of the laws of 2009 to extend Erie County's exemption from the following provisions of chapter 329 of the laws of 2009:

(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 protective custody;

(5) Amends subdivision 2 of section 386 of the social services law, by removing SPCCs 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;

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

(12) Removes SPCCs authority to investigate reports of child abuse.

Section 1 also amends section 14 of chapter 329 of the laws of 2009 to continue to authorize officers or agents of an SPCC in Rockland County to obtain peace officer status and to exempt Erie County from the provisions above until August 11, 2019.

Section 2 states that this act shall take effect immediately.

Justification

In 2009, the Senate passed a bill that repealed special powers granted to the Society for Prevention of Cruelty to Children (SPCC). Erie County was specifically granted a five year sunset period from certain

provisions in the bill due to its fiscal circumstances. After five years, Erie County's fiscal circumstances have not improved and it still relies on this exemption to provide after hours CPS services to Erie County children and families through a contract arrangement with Child and Family Services, an SPCC agency. Without this exemption, after hours CPS services would have to be provided directly from the Erie County Department of Social Services at an extremely high cost to the agency. This bill extends the original sunset period for five more years until August 11, 2019. Additionally, under the original 2009 bill, Rockland County was also granted a specific exemption to continue to authorize officers or agents of an SPCC in the county to obtain peace officer status. This bill extends this exemption to August 11, 2019 as well.

Legislative history

New bill.

Fiscal implications

None to the state

Effective date

Immediately.