Directs persons required to report child abuse or maltreatment in their professional or official capacity to report parents who have been convicted of abusing a child or had their parental rights terminated

BILL NUMBER:S3935

Title of bill

An act to amend the social services law, in relation to reports of suspected child abuse or maltreatment by certain officials and persons

Purpose

This bill will require mandated reporters to call the hotline when they have a reasonable suspicion that a person who was a previous child abuser or previously had their rights terminated, gives birth to/fathers another child.

Summary of provisions

Section 1. Amends paragraph (a) of subdivision 1 of section 413 of the social services law, as amended by chapter 554 of the laws of 2013, summarized as follows: This section will be amended to require that mandated reporters call the hotline when a person that they reasonably suspect to have previously been convicted of a crime related to physically or sexually abusing a child, or that has reasonable cause to believe that a court has previously terminated such parent's rights to a child for cause, has since given birth to or fathered a child.

Section 2 is the enacting clause.

Justification

When a parent has a child protective history so serious that they have had a criminal conviction for sexually or physically abusing a child, or have had their parental rights terminated, there is great concern about them parenting a new child. Newborn babies are extremely vulnerable. Should a parent's prior actions against an older child be so egregious as to result in a criminal conviction-and/or lead to a termination of their parental rights-the safety of a newborn should be checked to prevent similar abuse from reoccurring.

Currently, there is no requirement that the birth of a new child to such a parent is required to be reported for investigation. This bill makes the technical change needed to help keep newborns safe from potential harm at the hands of a parent(s) with a history of abuse. It requires mandated reporters to contact the state central registry if they have reasonable cause to believe that a parent has had a criminal history of child abuse or a prior termination of parental rights and now has a new infant.

Fiscal implications

Undetermined

Effective date

This act shall take effect on the same date and in the same manner as section 1 of chapter 205 of the laws of 2014 takes effect.