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CHAPTER 28

AN ACT to amend chapter 934 of the laws of 1985, amending the public health law and the New York state medical care facilities finance agency act relating to authorizing issuance of special hospital project bonds on behalf of certain secured hospital borrowers to assist in providing adequate health care to low income persons, in relation to extending the effective date thereof

Became a law March 27, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 12 of chapter 934 of the laws of 1985, amending the public health law and the New York state medical care facilities finance agency act relating to authorizing issuance of special hospital project bonds on behalf of certain secured hospital borrowers to assist in providing adequate health care to low income persons, as amended by chapter 35 of the laws of 1991, is amended to read as follows:

§ 12. This act shall take effect immediately and shall expire on [March 31, 1992] December 31, 1993 provided, however, that the expiration of the provisions of law as amended and added, respectively, by the provisions of this act shall not affect or impair in any manner any bonds issued, or any mortgage loan made to any eligible borrower, or any service contract entered into pursuant to the provisions of this act prior to its expiration.

§ 2. This act shall take effect immediately.

CHAPTER 29

AN ACT to amend chapter 407 of the laws of 1986 amending the public health law relating to establishing a coordinated approach for ensuring the maintenance and development of primary health care services for underserved populations and geographic areas and chapter 533 of the laws of 1987 amending the public health law, relating to primary health care services initiatives, in relation to extending the expiration dates thereof

Became a law March 27, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 4 of chapter 407 of the laws of 1986 amending the public health law relating to establishing a coordinated approach for ensuring the maintenance and development of primary health care services for underserved populations and geographic areas, as amended by chapter 533 of the laws of 1987, is amended to read as follows:

§ 4. This act shall take effect immediately and shall expire on March [thirty-first, nineteen hundred ninety-two] 31, 1995, at which time such provisions shall be deemed to be repealed.

§ 2. Section 4 of chapter 533 of the laws of 1987 amending the public health law relating to the primary health care services initiatives is amended to read as follows:

§ 4. This act shall take effect immediately, except that section one of this act shall take effect April [first, nineteen hundred eightyeight] 1, 1988; and except that this act shall expire on March [thirtyfirst, nineteen hundred ninety-two] 31, 1995, at which time the provisions of this act shall be deemed to be repealed.

§ 3. This act shall take effect immediately.

CHAPTER 30

dis

AN ACT to repeal section 177 of the domestic relations law, relating to the cancellation of an interest in a life insurance policy upon solution of marriage on the grounds of adultery

Became a law March 27, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 177 of the domestic relations law is repealed. § 2. This act shall take effect immediately.

CHAPTER 31

AN ACT to amend the judiciary law, in relation to the solemnization of marriages by former justices

Became a law March 27, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (k) of subdivision 2 of section 212 of the judiciary law, as amended by chapter 153 of the laws of 1990, is amended to read as follows:

(k) Upon application, certify former judges or justices of the unified court system and former housing judges of the civil court of the city of New York who served for at least [six] two years in such position to solemnize marriages.

§ 2. This act shall take effect immediately.

CHAPTER 32

AN ACT to amend the social services law, the mental hygiene law, the education law, the executive law, chapter 676 of the laws of 1985 relating to enacting a portion of the child abuse prevention act of 1985, chapter 717 of the laws of 1986 amending the social services law, relating to a statewide central register of child abuse and maltreatment, chapter 718 of the laws of 1986 amending the social services law relating to child abuse and maltreatment, chapter 719 of the laws of 1986 amending the social services law and other laws, relating to child abuse and maltreatment, chapter 543 of the laws of 1988 amending the social services law, relating to reporting incidents of child abuse and maltreatment of children with handicapping conditions, chapter 545 of the laws of 1988 amending the social services law, relating to the creation of an open express line for reporting suspected child abuse and maltreatment, chapter 634 of the laws of 1988 amending the social services law and the mental hygiene law, relating to protection of children from child abuse and maltreatment, chapter 194 of the laws of 1989 amending the social services law and the education law, relating to requiring dental hygienists to report suspected cases of child abuse or neglect, chapter 292 of the laws of 1989 amending the social services law, relating to reports by a statewide central register be made available involving child abuse and maltreatment and chapter 434 of the laws of 1989 amending the social services law, relating to disclosure by employers in reporting child abuse and maltreatment, in relation to the investigation and prevention of abuse of children in residential care facilities and to make permanent the provisions of the child abuse prevention act of 1985 and to repeal certain provisions of the social services law, relating thereto

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

Became a law March 27, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2 of section 412 of the social services law, as amended by chapter 543 of the laws of 1988, subparagraph (iii) of paragraph (a) as separately amended by chapter 634 of the laws of 1988, is amended to read as follows:

2. A "maltreated child" includes:

(a) a child under eighteen years of age not in "residential care" as defined in subdivision seven of this section:

(i) defined as a neglected child by the family court act[; ], or

(ii) who has had serious physical injury inflicted upon him by other than accidental means; or

[(iii) is defined as a neglected] (b) a child in residential care [pursuant to] as defined in subdivision [nine] seven of this section[;

or

(b)] who is: (i) under eighteen years of age, except that a child with a handicapping condition, as defined in subdivision one of section forty-four hundred one of the education law, who is eighteen years of age or older, is in residential care in a school or facility described in paragraph (c), (d), (e) or (f) of subdivision seven of this section, [and is defined as a neglected child pursuant to subdivision nine of this section; ] provided that such term shall include a pupil with a handicapping condition in residential care in such a school or facility who is [defined as a neglected child pursuant to subdivision nine of this section, is] twenty-one years of age, and is entitled, pursuant to subdivision five of section forty-four hundred two of the éducation law, to remain in such school or facility until either the termination of the school year or the termination of the summer program, as applicable; and (ii) is a neglected child in residential care as defined in subdivision nine of this section;

§ 2. Subdivision 4 of section 412 of the social services law, as separately amended by chapters 717 and 875 of the laws of 1986, amended to read as follows:

is

4. "Subject of the report" means any parent of, guardian of, custodian of or other person eighteen years of age or older legally responsible for, as defined in subdivision (g) of section one thousand twelve of the family court act, a child reported to the central register of child abuse and maltreatment who is allegedly responsible for causing injury, abuse or maltreatment to such child or who allegedly allows such injury, abuse or maltreatment to be inflicted on such child, or a director or an operator of or employee or volunteer in a home operated or supervised by an authorized agency, the division for youth, or an office of the department of mental hygiene or in a family day-care home, a day-care center, a group family day care home or a day-services program, or a consultant or any person who is an employee or volunteer of a corporation, partnership, organization or any governmental entity which provides goods or services pursuant to a contract or other arrangement which provides for such consultant or person to have regular and substantial contact with children in residential care who is allegedly responsible for causing injury, abuse or maltreatment to a child who is reported to the central register of child abuse or maltreatment or who allegedly allows such injury, abuse or maltreatment to be inflicted on such child;

§ 3. Subdivision 7 of section 412 of the social services law is amended by adding a new paragraph (h) to read as follows:

(h) care provided by an authorized agency licensed to provide both care enumerated in paragraph (a) of this subdivision and care provided a child in a residential facility licensed or operated by the office of mental health or the office of mental retardation and developmental disabilities, excluding family care homes.

§ 4. Subdivision 8 of section 412 of the social services law is repealed and a new subdivision 8 is added to read as follows:

8. "Abused child in residential care" means a child whose custodian: (a) (i) inflicts any injury upon such child by other than accidental means which causes death, serious or protracted disfigurement, serious or protracted impairment of physical health, serious or protracted loss or impairment of the function of any organ, or a serious emotional injury; or

(ii) by their conduct and with knowledge or deliberate indifference allows any such injury to be inflicted upon such child; or

(b) (i) creates a substantial risk of any injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, protracted impairment of physical health, protracted loss or impairment of the function of any organ, or a serious emotional injury; or

(ii) by his or her conduct and with knowledge or deliberate indifference creates a substantial risk of such injury to such child; or

(c) commits, promotes or knowingly permits the commission of a sex offense against such child, as described in article one hundred thirty of the penal law; allows, permits or encourages such child to engage in any act described in article two hundred thirty of the penal law; commits any of the acts described in section 255.25 of the penal law; or allows or promotes or uses such child to engage in acts or conduct described in article two hundred sixty-three of the penal law, provided, however, that (i) the corroboration requirements in the penal law and (ii) the age requirements for the application of articles one hundred thirty, two hundred thirty and two hundred sixty-three of such law and any age based element of any crime described therein shall not apply to the provisions of this title; or

(d) fails to comply with a rule or regulation involving care, services or supervision of a child promulgated by a state agency operating, certifying or supervising a residential facility or program, and such failure to comply results in death, serious or protracted disfigurement, serious or protracted impairment of physical health, or serious or protracted loss or impairment of the function of any organ where such result was reasonably foreseeable.

§ 5. Subdivision 9 of section 412 of the social services law is repealed and a new subdivision 9 is added to read as follows:

9. "Neglected child in residential care" means a child whose custodian: (a) inflicts by act or omission physical injury, excluding minor injury, to such child by other than accidental means; (b) creates a substantial risk of physical injury, excluding minor inby other than accidental means; or

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jury to such chilly with a rule or regulation involving care, services or supervision of a child promulgated by a state agency operating, tifying, or supervising a residential facility or program, and such failure to comply results in physical injury, excluding minor injury, or serious emotional injury to such child where such result was reasonably foreseeable; or

(d) fails to meet a personal duty imposed by an agreed upon plan of prevention and remediation pursuant to this chapter or the mental hygiene law, the executive law or the education law, arising from abuse or neglect of a child in residential care and such failure results in physical injury, excluding minor injury, or serious emotional injury or the risk thereof to the child; or

(e) intentionally administers to the child any prescription drug other than in substantial compliance with a physician's, physician's assistant's or nurse practitioner's prescription.

§ 6. Subdivisions 10 and 11 of section 412 of the social services law are renumbered subdivisions 11 and 12 and a new subdivision 10 is added to read as follows:

10. "Institutionally neglected child in residential care" means a child whose health, safety or welfare is harmed or placed in imminent danger of harm as a result of a lack of compliance with applicable standards of the state agency operating, certifying or supervising such facility or program for the care and treatment of such child or an agreed upon plan of prevention and remediation pursuant to this chapter or the mental hygiene law, the executive law or the education law, arising from abuse or neglect of a child in residential care, including, but not limited to, the provision of supervision, food, clothing, shelter, education, medical, dental, optometric or surgical care.

§ 7. Section 418 of the social services law, as added by chapter 1039 of the laws of 1973, is amended to read as follows:

§ 418. Mandatory reporting to and post-mortem investigation of deaths by medical examiner or coroner. Any person or official required to report cases of suspected child abuse or maltreatment, including workers of the local child protective service, as well as an employee of or ofEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted.

ficial of a state agency responsible for the investigation of a report of abuse or maltreatment of a child in residential care, who has reasonable cause to suspect that a child died as a result of child abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report his finding to the police, the appropriate district attorney, the local child protective service and, if the institution making the report is a hospital, the hospital.

§ 8. Subdivision 2 of section 422 of the social services law is amended by adding a new paragraph (d) to read as follows:

(d) A telephone call made to the statewide central register described in this section alleging facts that support a finding of the institutional neglect of a child in residential care pursuant to subdivision ten of section four hundred twelve of this article and that, if true, clearly could not support a finding that the child is an abused or neglected child in residential care, shall not constitute a report, and shall immediately be transmitted to the state agency responsible for the operation or supervision of the residential facility or program and, in the case of a facility operated or certified by an office of the state department of mental hygiene, to the state commission on quality of care for the mentally disabled, for appropriate action.

§ 9. Paragraph (A) of subdivision 4 of section 422 of the social services law, as amended by chapter 188 of the laws of 1991, is amended to read as follows:

may be

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(A) Reports made pursuant to this title as well as any other information obtained, reports written or photographs taken concerning such reports in the possession of the department [or], local departments, or the commission on quality of care for the mentally disabled, shall be confidential and shall only be made available to (a) a physician who has before him or her a child whom he or she reasonably suspects abused or maltreated; (b) a person authorized to place a child in protective custody when such person has before him or her a child whom he or she reasonably suspects may be abused or maltreated and such person requires the information in the record to determine whether to place the child in protective custody; (c) a duly authorized agency having the responsibility for the care or supervision of a child who is reported to the central register of abuse and maltreatment; (d) any person who is the subject of the report or other persons named in the report; (e) a court, upon a finding that the information in the record is necessary for the determination of an issue before the court; (f) a grand jury, upon a finding that the information in the record is necessary for the determination of charges before the grand jury; (g) any appropriate state legislative committee responsible for child protective legislation; (h) any person engaged in a bona fide research purpose, provided, however, that no information identifying the subjects of the report or other persons named in the report shall be made available to the searcher unless it is absolutely essential to the research purpose and the department gives prior approval; (i) a provider agency as defined by subdivision three of section four hundred twenty-four-a of this chapter, or a licensing agency as defined by subdivision four of section four hundred twenty-four-a of this chapter, subject to the provisions of such section; (j) the state commission on quality of care for the mentally disabled in connection with an investigation being conducted by the commission pursuant to article forty-five of the mental hygiene law; (k) a probation service conducting an investigation pursuant to article three or seven or section six hundred fifty-three of the family court act where there is reason to suspect the child or the child's sibling may have been abused or maltreated and such child or sibling, parent, guardian or other person legally responsible for the child is a person named in an indicated report of child abuse or maltreatment and that such formation is necessary for the making of a determination or recommendation to the court; (1) a district attorney, an assistant district attorney or investigator employed in the office of a district attorney, a sworn officer of the division of state police, of a city police department, or of a county, town or village police department or county sheriff's office or department when such official requests such information stating that such information is necessary to conduct a criminal investigation or criminal prosecution of a person, that there is reasonable cause to believe that such person is the subject of a report, and that it is reasonable to believe that due to the nature of the crime under investigation or prosecution, such records may be related to the criminal investigation or prosecution; (m) the New York city department

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