Concerned that corners are being cut when it comes to assessing whether children are being abused or neglected by family members, Assemblyman William Colton (D—Gravesend, Bensonhurst, Bath Beach and Dyker Heights) has introduced legislation that, if signed into law, would provide strict guidelines for making such a determination by setting a framework for the investigation.

The legislation, dubbed “Clava’s Law,” seeks to ensure that allegations are thoroughly investigated so that any child who might be in danger is protected, while also protecting the rights of the parents or guardians, with the intent of preventing them from losing custody because of false allegations.

“It’s essential, when there is a possibility of child endangerment, that strict procedures are in place to protect the child as well as those who care for him or her,” said Assemblyman Colton. “All too often, shortcuts are taken which effectively shortchange everyone involved, because the law as it currently stands doesn’t specify the steps that must be taken. This legislation would change that, and work to protect our children while also making sure that parents or guardians are not inappropriately penalized.”

Among other things, the legislation requires that independent evaluations be made of the child’s physical and emotional health, and that crucial documentation, such as the child’s school records and medical records from birth onward, be thoroughly examined. In addition, consultation with all the child’s doctors would be mandatory, as would a review of all special education and intervention services provided to the child. Any medical provider or mental health professional involved in evaluating a child as part of an investigation would be required to let the caregivers know that they are participating in such an evaluation.

“Not everything that looks at first glance like child abuse actually is abuse, because there are medical conditions that may present in such a way that the child appears to have suffered abuse, when that is not the case,” said Assemblyman Colton. “This legislation would create a framework for making an accurate determination, based on the facts of the case.”

Additionally, the legislation would mandate that each suspected incident of neglect or abuse be reviewed, taking into account with whom the child was living with at the time the incident occurred. Communication with all the child’s caregivers would be mandated prior to any determination of neglect or abuse being made, and observation of the child interacting with all caregivers would be required. The legislation would also prohibit making a report of child abuse or neglect to law enforcement until the completion of the investigation.