Bill > A08743

This bill, known as "Clava's Law", establishes comprehensive procedures for investigating suspected child abuse or neglect cases, with the goal of ensuring thorough and fair examinations. The bill requires that before reporting an allegation to law enforcement, a detailed investigation must be conducted, which includes reviewing the child's medical history, communicating with medical providers, collecting medical records from birth, examining school records, and evaluating the child's behavior and living situations. The legislation mandates that medical professionals performing investigations must transparently communicate their role to the child's parents or guardians, clarifying that their examination serves both investigative and treatment purposes. Parents are given the right to obtain an independent medical evaluation at their own expense, and the bill defines "pediatric specialty consultation" to include consultations with board-certified physicians in various pediatric specialties. The bill also requires investigators to inform subjects of an investigation about their rights, including the right to an attorney, the purpose of the investigation, and their obligations during the investigation process. Additionally, the bill specifies that physicians must make a good faith effort to review medical history and consult with relevant caregivers before determining a child has been abused or maltreated. The law will take effect on January 1, 2026, and apply to reports of suspected child abuse or neglect made on or after that date.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/A8743