Relates to providing counsel for the local social services districts the authority to subpoena records

2 Co-sponsors

• Martin J. Golden
• Timothy M. Kennedy

BILL NUMBER:S7062A REVISED MEMO 06/17/2014

Title of bill

An act to amend the family court act, in relation to allowing the counsel for a local department of social services the authority to subpoena records for use in any investigation or proceeding relating to severe abuse, abuse or neglect

Purpose

To give the counsel for a department of social services the authority to subpoena records for use in any investigation of any report received from the State Central Register or proceeding relating to severe abuse, abuse or neglect.

Summary of provisions

Section 1 of the bill amends Section 1038 of the Family Court Act to make three changes regarding obtaining subpoenas in child abuse and neglect proceedings:

It adds the counsel for a department of social services to the list of officials able to subpoena records, photographs or other evidence relat- ing to abuse or neglect from hospitals and any other public or private agencies;

It also expands the use of subpoenaed records from use in proceedings to also include use in investigations of a report received from the State Central Register;

and it also allows service of any such subpoena upon a hospital to be made by personal service to the hospital director.

Section 2: Effective Date.

Justification

Child protection agencies do not have an established right to records, photographs or other evidence relating to abuse or neglect. It is there- fore often difficult for child protection workers to conduct a meaning- ful investigation when the subject of the investigation refuses access to the records, photographs or other evidence. This legislation would establish a mechanism by which child protective agencies can get access to these records, photographs or other evidence during the initial stag- es of an investigation through a subpoena issued by the counsel for the department of social services. This new subpoena power will allow for a more complete and rapid investigation and therefore has the potential to better protect children, will save children from further acts of abuse and neglect and ultimately may save the lives of children who have expe- rienced abuse or neglect. This is one in a series of measures being introduced to improve the provision of child protective services to New York's children and families.

Legislative history

None.

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately.