Relates to protocol for release of reports by local social services districts on the death of certain children

1 Co-sponsor

• Timothy M. Kennedy

BILL NUMBER:S1518

Title of bill

An act to amend the social services law, in relation to report protocol, and to amend chapter 544 of the laws of 2014, amending the social services law relating to requiring written comments to be included in reports by local social services districts on the death of certain children, in relation to the effectiveness thereof

Purpose or general idea of bill

To improve the content of child fatality reports

Summary of specific provisions

This bill would amend Chapter 544 of the Laws of 2014.

Section one would clarify that comments by the local social services district that are included in a fatality report must adhere to current confidentiality requirements concerning the child, the child's family and the source of the report, and that such comments must be relevant and factually accurate. This section would also require that the Office of Children and Family Services (OCFS) forward the proposed report to the local social services district twenty days prior to its release, rather than thirty, and that such district may provide comments within ten days of receiving the report, rather than twenty. The comments must be submitted in the form and manner required by OCFS.

Section two would amend the effective date to 90 days after enactment rather than immediately.

Justification

Chapter 544 of the Laws of 2014 requires OCFS to accept written comments submitted by the applicable local social services district for inclusion in fatality reports issued in regards to the death of a child. The inclusion of such comments enhances the information in the report by providing additional perspective on the circumstances surrounding the child's death that may help to prevent future tragedies. In order to further this intent, this bill would clarify that such comments must protect the confidentiality of the family and the source of the report, and be relevant and factually accurate. The bill would also provide OCFS with the time necessary to complete the proposed report prior to sending it to the local district for comment.

While such language was not included in the bill, it was agreed upon and reiterated in the Approval Memo for Chapter 544 of the Laws of 2014 issued by the Governor that comments included in the fatality report submitted by the districts may be up to 2000 characters in length. Local social services districts will be informed of this requirement by an informational letter distributed by OCFS.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately and shall be deemed to have been in full force and effect on the same date as chapter 544 of the laws of 2014 took effect, provided that the amendments made by section one of this act shall take effect on the same date and in the same manner as chapter 544 of the laws of 2014, takes effect.