Requires child protective services to provide notice to the appropriate probation service or the state board of parole when subject of a child abuse or maltreatment report may be on probation or parole

BILL NUMBER:S3937

Title of bill

An act to amend the social services law, in relation to reports of child abuse or maltreatment

Purpose

This bill will require SCR to ask if the subject of a report is on probation or parole and CPS must tell probation or parole of allegations during the investigation.

Summary of provisions

Section 1. Amends paragraph (a) of subdivision 2 of Section 422 of the Social Services Law to require that the state central registry ask callers if they suspect that a subject of a report is on probation or parole, and transmit that information to the local district.

Section 2. Amends subparagraph (k) of paragraph (A) of subdivision 3 of Section 422 of the Social Services Law, to permit local districts to share information with probation or parole where they have reason to believe that the subject may be on probation or parole.

Section 3. Amends paragraph (a) of subdivision 6 of Section 424 of the Social Services Law to require if at any time during an investigation there is reason to believe that the subject is on probation or parole, CPS shall notify the proper probation services or state board of parole.

Section 4 is the enacting clause.

Justification

It is critical during a child protective investigation that the investigating caseworker learns all they can about the subject of the report as it may be relevant to the allegations and to the appropriate response needed. Key information would include criminal convictions and the fact that a subject is under court ordered supervision by a probation officer, or has recently been incarcerated and is now under the supervision of a parole officer. A probation or parole officer should also be aware of allegations that the person under supervision is the subject of a child abuse or neglect investigation in order to provide relevant information to the child protective investigator, and to determine if there has been any violation of parole or probation terms. Currently the law does not permit the child protective investigator to learn if the person is on parole or probation as there is no clarity that they can communicate with such an officer. The inability to share such critical information puts vulnerable children at risk.

The measures in this bill would require that the state central registry personnel ask if there is any information regarding parole or probation and, if so, include it in their information to the local district. The bill would permit a child protective investigator to communicate with a parole or probation officer during an investigation and require the investigator to provide information to the officer about the investigation and its status. This will result in a more

complete assessment of the allegations and provide needed information to both child protective services and probation and parole officers.

Community entities should work together to determine if a family is in crisis and needs community-wide assistance. Obtaining timely, pertinent information from a probation or parole officer could reveal that a child's safety may be at risk.

Fiscal implications

Undetermined

Effective date

This act shall take effect on the sixtieth day after it shall have become law.