What's happening
This bill requires the appointment of a child advocate to mediate disagreements between healthcare professionals and child protective services regarding a child's care.
Why it matters
Ensures an independent advocate is appointed. when there is a conflict between healthcare professionals and child protective services, aiming to prioritize the child's best interests over institutional disagreements.
Creates a formal process for mediation. in contentious cases, which could lead to more balanced and child-focused decisions rather than unilateral actions by either medical staff or child welfare authorities.
May improve transparency and trust. in child welfare interventions by introducing a neutral party, potentially reducing adversarial situations and promoting collaborative solutions for a child's care.
Could affect timelines and procedures. in urgent or complex cases, as the requirement to appoint and involve a child advocate might add steps but also provide additional safeguards for vulnerable children.
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Who cares
Headline styles
Appoint Advocates for Children
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Reported and committed to finance
- Referred to children and families
- Reported and committed to rules
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Appoint Child Advocates in Disputes
In Assembly Committee · Children And Families · Sponsor Andrew Hevesi
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5932
2017-2018 Regular Sessions
IN SENATE
May 8, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law and the family court act, in relation to the appointment of a child advocate
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 421 of the social services law is amended by adding a new subdivision 9 to read as follows:
9. report to family court for the appointment of a child advocate pursuant to section one thousand eighteen of the family court act, following an incident that requires the care of a healthcare professional, and where the healthcare professional and child protective services do not agree on an appropriate course of action for the child.
§ 2. Section 1018 of the family court act, as added by section 11 of part A of chapter 3 of the laws of 2005, is amended to read as follows:
§ 1018. Conferencing and mediation. 1. In any proceeding initiated pursuant to this article, the court may, at its discretion, authorize the use of conferencing or mediation at any point in the proceedings to further a plan for the child that fosters the child's health, safety, and well-being. Such conferencing or mediation may involve interested relatives or other adults who are significant in the life of the child.
2. A child advocate shall be appointed by the court, when a report pursuant to subdivision nine of section four hundred twenty-one of the social services law, is received. Such advocate shall mediate any disputes between health care professionals and child protective services workers on the best course of action for the child.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02466-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law and the family court act, in relation to the appointment of a child advocate
Purpose
The purpose of this bill is to appoint a child advocate in cases where a child protective services worker and a health professional that has treated the child in response to a reported incident disagree on whether or not an allegation of abuse is founded.
Summary of provisions
This legislation adds a new subdivision 9 to section 421 of the social services law, and amends section 1018 of the Family Court Act.
Justification
Healthcare professionals are trained to, among other things, identify and treat wounds caused as a result of violence or abuse. Testimony offered at a public hearing sponsored by the New York State Assembly in November 2013 highlighted the need for healthcare professionals' medical opinions to play a role in determining whether a reported claim of suspected abuse or neglect is founded or unfounded. This legislation would require a family court judge to appoint a neutral third party as a child advocate in cases where a child protective services worker and the healthcare professional treating the child disagree on the best course of action for the child.
Legislative history
A.164 (2017); A.2934 (2015-16); A.9713 (2013-14)
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.