New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.23 - Executive order no. 23: establishing a commission for the review of the child protective system in new york state

Current through Register Vol. 46, No. 28, July 10, 2024
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.