N.Y. Comp. Codes R. & Regs. tit. 9 § 5.23

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.23 - Executive order no. 23: establishing a commission for the review of the child protective system in new york state

WHEREAS, protecting children from abuse and violence is the paramount obligation of government;

WHEREAS, the tragic death of Elisa Izquierdo has revealed serious shortcomings within the system designed to protect children from abuse and neglect;

WHEREAS, it is imperative that accountability within the child protective system be restored to ensure that children are receiving the help and protection that are due them; and

WHEREAS, to meet these imperatives, it is necessary that a comprehensive examination and review be undertaken of current state laws and regulations concerning child abuse, the child protective system, and the confidentiality laws related thereto;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the New York State Child Abuse Commission for the review of the child protective system in New York State.

I. Membership

Attorney General Dennis C. Vacco is hereby designated Chairman of the Commission. Other members of the Commission shall include Judith Flores, Associate Medical Director of Sunset Park Health Network of Lutheran Medical Center; Sharon Townsend, Erie County Family Court Justice; Barbara Blum, President of the Foundation for Child Development; John Wingate, Commissioner of Social Services for Suffolk County; Doug Besharov, American Enterprise Institute for Public Policy Research; Brian Wing, Acting Commissioner of the New York State Department of Social Services; Stephen M. Saland, State Senator and Chairman of the Senate Committee on Children and Families; Raoul Felder, Attorney at Law; and Paul Shechtman, New York State Director of Criminal Justice and Commissioner of the Division of Criminal Justice Services. Mr. Shechtman will also serve as the liaison between the Commission and the recently appointed panel to review New York City's Child Welfare Administration.

The members of the Commission shall receive no compensation but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties. Service on the Commission shall not constitute public employment for the purposes of disqualification from the holding of public office or employment.

II. Duties and Responsibilities of the Commission

The Commission will be responsible for conducting a comprehensive examination and review of current state laws and regulations concerning child abuse, the child protective system, and the confidentiality laws relating thereto. In discharging its responsibilities, the Commission shall:

1. Review and develop recommendations to improve accountability and the efficient and effective functioning of the State's child abuse system;

2. Review and develop recommendations regarding release of child protective information and the public's right to know;

3. Review and develop recommendations regarding the selection, training, supervision and retention of local child protective services staff and the appropriate role of automation;

4. Review reporting and paperwork requirements to ensure that case workers are in the field as much as possible rather than in the office;

5. Develop recommendations regarding the retention of unfounded child abuse allegations and information; and

6. Review statutory and policy criteria by which the child abuse hotline screens allegations of child abuse and neglect.

III. Report

The Commission shall prepare a written report to the Governor detailing its findings and making appropriate legislative, programmatic, and administrative recommendations for improvements. The Commission's report shall be submitted to the Governor by March 5, 1996.

IV. Assistance and Cooperation

All departments and units of the Executive Branch of State government are directed to cooperate fully with the Commission and to provide such assistance as it may require to fulfill its obligations. Such assignment may include the assignment of staff and the provisions of support services.

Signed: George E. PatakiDated: January 10, 1996

WHEREAS, the New York State Child Abuse Commission established by Executive Order No. 23 dated January 10, 1996 to examine the State's laws and regulations regarding child abuse and the child protective system, has requested additional time beyond March 5, 1996 to complete its investigation;

WHEREAS, the Commission has provided good cause as to why completion of its investigation was not possible by March 5, 1996; and

WHEREAS, it is in the best interest of the State that the findings and recommendations of the Commission be thorough and complete;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in be by the Constitution and Laws of the State of New York, do hereby continue Executive Order No. 23 dated January 10, 1996, except that subdivision III of such Executive Order is amended to read as follows:

Signed: George E. PatakiDated: March 8, 1996

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.23