Requires written comments to be included in reports provided by local social services districts on the death of certain children

1 Co-sponsor

• Tony Avella

BILL NUMBER:S7667

Title of bill

An act to amend the social services law, in relation to requiring written comments to be included in reports by local social services districts on the death of certain children

Purpose

To prevent future child deaths by improving child fatality reports through inclusion of LDSS comments.

Summary of provisions

Section 1 amends section 20, subdivision 5-b of the Social Services law to allow for written comments by local social services districts in child fatality reports. Subdivision 5-C is amended to require the office of Children and family Services to forward the proposed report to local social service districts referenced in the report thirty days prior to its release, and allows the districts twenty days to provide written comments to the department to be included in the report.

Justification

OCFS child fatality reports do not detail circumstances of children's deaths. Instead, these reports audit LDSS actions. In the vast majority of fatalities LDSS actions are immaterial to the fatality. The statute does not provide localities the opportunity to comment. LDSS' have voiced two significant concerns. First, these reports detail state regulatory requirements immaterial to a child's death, creating a false impression that immaterial regulatory issues somehow are connected to fatality. More significantly, these reports do not adequately address circumstances of death, thereby missing valuable opportunities to learn from each child's fatality to enable our State to consider measures to prevent future child death. There are many examples. Reports about children dying from drug misuse, dangerous consumer products, drowning, fires, suicide, automobile collisions and window falls do not detail these circumstances with recommended measures to prevent future similar deaths. Permitting LDSS comments will provide a more balanced perspective on technical regulatory compliance issues. More significantly, LDSS' will be able to shed light on circumstances surrounding these children's deaths, thereby enhancing NY State's ability to pre vent future deaths. This will enable policymakers and lawmakers to use these reports as intended, as learning opportunities to prevent future child death. At no cost, this important amendment will save children's lives.

Legislative history

None.

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately.