http://www.assembly.state.ny.us/leg/?bn=A07823
This bill is one of several bills entitled, "Nixzmary's Law" in New York State. Of the several, this one, allowing cops to enter the home without a search warrant in cases of severe or repeated child abuse, pertains to Nixzmary Brown's situation directly. Had this bill been in effect when Nixzmary was alive it could've saved her life.
Wednesday, June 17, 2009
Summary - A07823
Back | New York State Bill Search | Assembly Home
See Text
A07823 Summary:
BILL NO A07823
SAME AS No same as
SPONSOR Towns (MS)
COSPNSR Lancman, Castro, Kolb, Weisenberg, Townsend, Errigo, Eddington
MLTSPNSR Crouch, Gabryszak, Giglio, Greene, Hooper, McDonough, McEneny, Quinn,
Saladino, Schimel, Walker
Add S690.37, CP L; amd SS384-a & 423, Soc Serv L
Enacts "Nixzmary's Law" providing for police officers to enter without a search
warrant for the purposes of investigating severe and repeated child abuse and
maltreatment or to investigate whether the safety of a child is endangered;
makes provisions relating to care and custody of children with parents
suffering with mental illness; and establishes the child advocacy audit office.
________________________________________
A07823 Actions:
BILL NO A07823
04/24/2009 referred to codes
________________________________________
A07823 Votes:
________________________________________
A07823 Memo:
BILL NUMBER:A7823
TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing Nixzmary's law and allowing police officers
to enter without a search warrant in certain cases; and to amend the
social services law, in relation to care and custody of children with
parents suffering with mental illness and establishing the child
advocacy audit office
SUMMARY OF SPECIFIC PROVISIONS: Section 1: This act shall be known
and may be cited as "Nixzmary's law."
Section 2: The criminal procedure law is amended by adding a new
section 690.37 titled Search warrants; special provisions relating to
child abuse and maltreatment. This section establishes that: 1) Before
a petition has been filed, under the provision of article ten of the
family court act, and before a search warrant has been issued, under
the provisions of this article, an officer may enter and conduct a
search of a designated premises for the purpose of investigating: (a)
severe and repeated child abuse and maltreatment; or (b) whether the
safety of a child is endangered.
2) States such search must be sustained with allegations of fact
supporting the statements of severe and repeated child abuse and
maltreatment.
3) States the entering police officer must inform such person of his
or her authority and purpose.
4) States in order to effect such an investigation, such police
officers may use such physical force, other than deadly, as is
necessary to execute the investigation.
5) States that following the investigation pursuant to this section
and upon the findings of severe or repeated child abuse and
maltreatment and child endangerment, the police officer shall also,
without unnecessary delay, file a written statement with the court to
issue a search warrant for the purposes of seizing property or making
an arrest.
Section 3: Subparagraph (iv) of paragraph (c) of subdivision 2 of
section 384-a of the social services law, as amended by chapter 256 of
the laws of 1990, is amended as follows:
(iv) States a parent, authorized relative or close friend or guardian
has a right to supportive services to visit the child, and to
determine jointly with the agency the terms of frequency of
visitation.
Section 4: Subparagraphs (i) and (ii) of paragraph (h) of subdivision
2 of section 384-a of the social services law, as added by chapter 477
of the laws of 2000, are amended as follows: (i) States where a local
social services official determines that a child is at significant
risk of placement because the custodial parent or legal guardian of
such child is suffering from a progressively chronic or irreversibly
fatal illness or mental illness and it is determined that there is
neither a relative nor a close friend identified by the
custodial.parent or the legal guardian able to assume legal
guardianship of the child, the custodial parent or legal guardian
shall be assisted in transferring the care and custody of the child to
an authorized agency.
(ii) States that where a local social services official determines
that a child is at significant risk of because the custodial parent or
legal guardian is suffering from a progressively chronic or
irreversibly fatal illness or mental illness and there is a relative
or close friend identified by the custodial parent or legal guardian
who is able and willing to assume care and custody of the child, but
who requires foster care services and financial support the custodial
parent or legal guardian shall be assisted by the local social
services district in transferring the care and custody of the child to
an authorized agency.
Section 5: The social services law is amended by adding a new section
422-d. 422-d establishes the child advocacy audit office
(a-c) Definitions
2. Establishes the Child advocacy audit office for the purposes of
administering an audit of programs publicly funded and services
provided to children and families through the office of children and
family services or local social services districts.
3. Specifies the composition of the agency
4. States that the child advocacy audit office shall conduct a
detailed performance evaluation of the delivery of. services by the
office of children and family services, local social services
districts and voluntary agencies, to children in the care, custody, or
guardianship of the office of children and family services or a local
social services district, and their families.
JUSTIFICATION: In wake of the recent violent death of seven year old
Nixzmary Brown, New York State must take measures to prevent another
such ghastly event from occurring. In the case of Nixzmary, many
reports were filed for possible child abuse with the city
Administration for Child Services and because ACS did not obtain a
search warrant, the police department was not able to properly search
the residence of Nixzmary Brown. If a search would have been
conducted, the young life of Nixzmary Brown could have been saved.
Something must be done in order to prevent another child from
suffering abuse, maltreatment and possible death, as in the case of
Nixzmary Brown. This legislation would eliminate the need for a search
warrant in cases where child abuse is allegedly occurring.
PRIOR HISTORY: A9954 2005, Bill died in Codes Committee; A5192 2007,
Bill died in Codes Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
-------------------------------------------------------------------------------------
SOME PERSONAL THOUGHTS OF MINE. BY: DOVESBLOOD
When I first read this bill, the first two words that popped into my mind were: "Fourth Amendment". The Fourth Amendment to the United States Constitution guards against "unreasonable search and seizure". This Amendment is routinely violated everyday on the streets of New York City by cops doing illegal patdowns in the name of searching for weapons when they're really just looking for drugs. The last thing people want are cops busting open people's doors in the name of child abuse when they're really just looking to make a drug bust! I believe that the Fourth Amendment should be fiercely guarded and protected. Nixzmary didn't die because a search warrant was denied, she died because ACS never bothered to apply for one! I think getting a search warrant is the best route to go because that's the route that doesn't violate the Constitution. If anything, ACS should be mandated to apply for a search warrant if the child isn't seen within a specific time period. The search warrant would still allow authorities inside of the house to inspect the child, potentially saving a life.
It all comes back to ACS. If ACS never cared enough to apply for a search warrant, then even if this bill was in effect, the same lazy workers probably wouldn't care enough to get the cops to go in! Perhaps if ACS workes were held criminally responsible for any child that died due to their incompetance, they'd take their jobs more seriously if they knew that they were going to jail if anything happened to the child. ACS workers need to be forced into action.
This bill does away with the need for a search warrant which could cause problems Fourth Amendmnent wise. That being said, of all the bills in New York State being called "Nixzmary's Law", this one still comes the closest to Nixzmary's situation.
Had this bill been in effect when Nixzmary Brown was alive, it could've saved her life. When Nixzmary was missing from school in late December 2005, the social worker at the school, Margarita Cotto, went to Nixzmary's house to try and see her but Cesar refused to let her in. Cotto tried to push her way past Cesar but suffice it to say she was no match for him. If this bill was in effect when Nixzmary was alive, the cops could've gone in without a search warrant, whether Cesar liked it or not, seen Nixzmary emaciated and bruised with 2 black eyes and gotten her out of there saving her life.
When the ACS worker, Joyceline St.Hill went to the home on numerous occassions, Cesar also refused to let her in! He would tell her the family wasn't home. St.Hill of course bought all of his lies - hook, line and sinker! If this bill were in effect when Nixzmary were alive, the cops could've gone in, seen an emaciated looking skeletal child and saved her.
On December 30th. 2005 Nixzmary hadn't shown up to school for almost a month! ACS Supervisor, Andrew Bartley, wanted to wait another week to see if she showed up before applying for a search warrant! (as if a month wasn't long enough) Suffice it to say, Nixzmary never showed back up. She was murdered 2 weeks later while Bartley was still contemplating getting his search warrant! Another supervisor, Orlene Cummings, was even less concerned than Andrew Bartley was. Orlene Cummings told Nixzmary's caseworker, Joyceline St.Hill that if Nixzmary returned back to school, to send a note home with her to her parents! If this bill were in effect, they wouldn't need to apply for a search warrant if they suspected child abuse. They could've just gone in with the cops, seen Nixzmary bruised and beat up and saved her life!
On the night Nixzmary died, did any of the neighbors hear her crying? Hear her screaming? Maybe they could've called the cops and saved her?
Again, if this bill were in existance when Nixzmary Brown was alive it could've saved her life.
I have some mixed emotions about this bill. On the one hand, I'm happy that children's lives could be saved by this law. Cops will be able to go in and see if they're ok and if they're in a house emaciated with 2 black eyes, bruised and beaten up like Nixzmary was, they could get them out of there saving their life. I'm happy that children's lives will be saved. But, at the same time, Nixzmary Brown had to die for a bill like this to come into being.
Back to Index
WWW.CHILDABUSEHEADLINES.COM
