N.Y. Social Services Law § 371-b: Citizen review panels

§ 371-b. Citizen review panels. 1. There shall be established at least

three citizen review panels. At least one panel shall be established for

the city of New York and at least two panels shall be established for

social services districts or combinations of districts outside of the

city of New York. The panel in the city of New York shall create one

subcommittee for each borough for the purposes of evaluating the extent

to which the state and the social services district are discharging

their child protection responsibilities within that particular borough,

in accordance with subsection three of this section. The office of

children and family services shall make available resources to support

the needs of each citizen review panel.

2. Each citizen review panel shall consist of thirteen members, seven

of whom shall be appointed by the governor, three of whom shall be

appointed by the temporary president of the senate, and three of whom

shall be appointed by the speaker of the assembly. Each panel shall duly

elect a chairperson of such panel. Each panel shall be composed of

volunteer members who are broadly representative of the community in

which such panel is established, including members who have expertise in

the prevention and treatment of child abuse and neglect. No person

employed by federal, state, county or municipal agencies which directly

deliver child welfare services may be appointed to a panel.

3. Each citizen review panel shall, by examining the policies and

procedures of the state and social services districts and, where

appropriate, specific cases, evaluate the extent to which the agencies

are effectively discharging their child protection responsibilities in

accordance with: (a) the state plan established pursuant to 42 U.S.C. §

5106a(b); (b) the child protection standards set forth in 42 U.S.C. §

5106a(b); and (c) any other criteria that the panel considers important

to ensure the protection of children. Each panel shall meet not less

than once every three months. Each panel may hold public hearings on

issues within the panel's jurisdiction.

4. Each citizen review panel shall have access to information on

specific cases in accordance with paragraph (A) of subdivision four of

section four hundred twenty-two of this chapter. Each panel shall also

have reasonable access to public and private facilities which are in

receipt of public funds and are providing child welfare services within

the panel's jurisdiction. Where necessary, the office shall assist a

panel in obtaining access to information or facilities as authorized in

accordance with this section. Each panel shall also have access to the

report prepared by the state pursuant to 42 U.S.C. § 5106a(d).

5. Each citizen review panel shall prepare and make available to the

public, on an annual basis, a report containing: (a) a summary of the

activities of the panel; and (b) the findings and recommendations of the

panel. Each report shall be submitted by February first and shall omit

all confidential information used to prepare the report.

6. The members of each citizen review panel shall not disclose to any

person or government official any identifying information about any

specific child protection case. A member who knowingly violates this

duty of confidentiality may be subject to a civil penalty not to exceed

one thousand dollars and removal from the panel.

7. The legal defense of a member of a citizen review panel shall be

governed by the terms of section seventeen of the public officers law.