A. 2321 2
inspection, of such complaints. The office of children and family
services may provide for such investigations through purchase of
services. The office of children and family services shall develop a
process for publicizing such toll-free telephone number to the public
for making inquiries or complaints about child day care homes, programs
or facilities.
(iv) Nothing in this paragraph shall be construed to require or permit
the disclosure either orally or in writing of any information that is
confidential pursuant to law. THE OFFICE SHALL NOT DISCLOSE ANY RECORDS
THAT COULD IDENTIFY PERSONS WHO HAVE MADE COMPLAINTS TO THE TOLL-FREE
TELEPHONE NUMBER EXCEPT: WITH SUCH PERSON'S WRITTEN PERMISSION; TO AN
APPROPRIATE LAW ENFORCEMENT AGENCY WHERE SUCH AGENCY STATES IN WRITING
THAT SUCH INFORMATION IS NECESSARY TO CONDUCT A CRIMINAL INVESTIGATION
OR CRIMINAL PROSECUTION; OR IN ACCORDANCE WITH A COURT ORDER WHERE THE
COURT HAS MADE A FINDING THAT SUCH INFORMATION IS NECESSARY FOR THE
DETERMINATION OF AN ISSUE BEFORE THE COURT.
S 3. Paragraph (c) of subdivision 2 of section 422 of the social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
(c) Whenever a telephone call to the statewide central register
described in this section is received by the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES, and the [department] OFFICE finds that the
person allegedly responsible for abuse or maltreatment of a child cannot
be a subject of a report as defined in subdivision four of section four
hundred twelve of this chapter, but believes that the alleged acts or
circumstances against a child described in the telephone call may
constitute a crime or an immediate threat to the child's health or safe-
ty, the [department] OFFICE shall convey by the most expedient means
available the information contained in such telephone call to the appro-
priate law enforcement agency, district attorney or other public offi-
cial empowered to provide necessary aid or assistance. ANY RECORD OF ANY
SUCH TELEPHONE CALL SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED
EXCEPT AS PROVIDED IN THIS PARAGRAPH.
S 4. Subdivision 2 of section 422 of the social services law is
amended by adding a new paragraph (d) to read as follows:
(D) ANY RECORD MAINTAINED BY THE STATEWIDE CENTRAL REGISTER CONCERNING
A CALL TO THE STATEWIDE CENTRAL REGISTER THAT DOES NOT CONSTITUTE A
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT FOR A REASON OTHER THAN
THAT SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL BE CONFIDEN-
TIAL AND SHALL BE AVAILABLE ONLY TO AN APPROPRIATE LAW ENFORCEMENT AGEN-
CY WHERE SUCH AGENCY STATES IN WRITING THAT SUCH INFORMATION IS NECES-
SARY TO CONDUCT A CRIMINAL INVESTIGATION OR CRIMINAL PROSECUTION, OR IN
ACCORDANCE WITH A COURT ORDER WHERE THE COURT HAS MADE A FINDING THAT
SUCH INFORMATION IS NECESSARY FOR THE DETERMINATION OF AN ISSUE BEFORE
THE COURT. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE THE
STATEWIDE CENTRAL REGISTER TO MAINTAIN ANY RECORD NOT OTHERWISE REQUIRED
BY LAW OF ANY CALL TO THE STATEWIDE CENTRAL REGISTER THAT DOES NOT
CONSTITUTE A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT.
S 5. Subdivision 4 of section 422 of the social services law, as
amended by chapter 677 of the laws of 1985, paragraph (A) as amended by
chapter 12 of the laws of 1996, subparagraph (k) of paragraph (A) as
amended by section 153 of subpart B of part C of chapter 62 of the laws
of 2011, subparagraph (1) of paragraph (A) as amended by chapter 35 of
the laws of 2001, subparagraphs (r) and (t) of paragraph (A) as amended
by chapter 41 of the laws of 2010, clause (ii) of subparagraph (v) of
paragraph (A) as amended and subparagraph (w) of paragraph (A) as added
A. 2321 3
by chapter 136 of the laws of 1999, subparagraph (x) of paragraph (A) as
amended by section 1 of part A of chapter 327 of the laws of 2007 and
subparagraphs (y) and (z) of paragraph (A) as amended and subparagraph
(aa) of paragraph (A) as added by chapter 440 of the laws of 2011, is
amended to read as follows:
4. (A) Reports made pursuant to this title [as well as] AND any other
information obtained, reports written or photographs taken concerning
such reports, AS WELL AS RECORDS PERTAINING TO TELEPHONE CALLS RECEIVED
PURSUANT TO THIS SECTION, in the possession of the [department] OFFICE
OF CHILDREN AND FAMILY SERVICES, local departments, or the commission on
quality of care [for the mentally disabled] AND ADVOCACY FOR PERSONS
WITH DISABILITIES, shall be confidential and shall only be made avail-
able to:
(a) a physician who has before him or her a child whom he or she
reasonably suspects may be abused or maltreated;
(b) a person authorized to place a child in protective custody when
such person has before him or her a child whom he or she reasonably
suspects may be abused or maltreated and such person requires the infor-
mation in the record to determine whether to place the child in protec-
tive custody;
(c) a duly authorized agency having the responsibility for the care or
supervision of a child who is reported to the central register of abuse
and maltreatment;
(d) any person who is the subject of the report or other persons named
in the report;
(e) a court, upon a finding that the information in the record is
necessary for the determination of an issue before the court;
(f) a grand jury, upon a finding that the information in the record is
necessary for the determination of charges before the grand jury;
(g) any appropriate state legislative committee responsible for child
protective legislation;
(h) any person engaged in a bona fide research purpose provided,
however, that no information identifying the subjects of the report or
other persons named in the report shall be made available to the
researcher unless it is absolutely essential to the research purpose and
the department gives prior approval;
(i) a provider agency as defined by subdivision three of section four
hundred twenty-four-a of this [chapter] TITLE, or a licensing agency as
defined by subdivision four of section four hundred twenty-four-a of
this [chapter] TITLE, subject to the provisions of such section;
(j) the state commission on quality of care for the mentally disabled
in connection with an investigation being conducted by the commission
pursuant to article forty-five of the mental hygiene law;
(k) a probation service conducting an investigation pursuant to arti-
cle three or seven or section six hundred fifty-three of the family
court act where there is reason to suspect the child or the child's
sibling may have been abused or maltreated and such child or sibling,
parent, guardian or other person legally responsible for the child is a
person named in an indicated report of child abuse or maltreatment and
that such information is necessary for the making of a determination or
recommendation to the court; or a probation service regarding a person
about whom it is conducting an investigation pursuant to article three
hundred ninety of the criminal procedure law, or a probation service or
the department of corrections and community supervision regarding a
person to whom the service or department is providing supervision pursu-
ant to article sixty of the penal law or article eight of the correction
A. 2321 4
law, where the subject of investigation or supervision has been
convicted of a felony under article one hundred twenty, one hundred
twenty-five or one hundred thirty-five of the penal law or any felony or
misdemeanor under article one hundred thirty, two hundred thirty-five,
two hundred forty-five, two hundred sixty or two hundred sixty-three of
the penal law, or has been indicted for any such felony and, as a
result, has been convicted of a crime under the penal law, where the
service or department requests the information upon a certification that
such information is necessary to conduct its investigation, that there
is reasonable cause to believe that the subject of an investigation is
the subject of an indicated report and that there is reasonable cause to
believe that such records are necessary to the investigation by the
probation service or the department, provided, however, that only indi-
cated reports shall be furnished pursuant to this subdivision;
(l) a district attorney, an assistant district attorney or investi-
gator employed in the office of a district attorney, a sworn officer of
the division of state police, of the regional state park police, of a
city police department, or of a county, town or village police depart-
ment or county sheriff's office or department when such official
requests such information stating that such information is necessary to
conduct a criminal investigation or criminal prosecution of a person,
that there is reasonable cause to believe that such person is the
subject of a report, and that it is reasonable to believe that due to
the nature of the crime under investigation or prosecution, such person
is the subject of a report, and that it is reasonable to believe that
due to that nature of the crime under investigation or prosecution, such
records may be related to the criminal investigation or prosecution;
(m) the New York city department of investigation provided however,
that no information identifying the subjects of the report or other
persons named in the report shall be made available to the department of
investigation unless such information is essential to an investigation
within the legal authority of the department of investigation and the
state department of social services gives prior approval;
(n) chief executive officers of authorized agencies, directors of day
care centers and directors of facilities operated or supervised by the
department of education, the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES, the office of mental health or the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities, in
connection with a disciplinary investigation, action, or administrative
or judicial proceeding instituted by any of such officers or directors
against an employee of any such agency, center or facility who is the
subject of an indicated report when the incident of abuse or maltreat-
ment contained in the report occurred in the agency, center, facility or
program, and the purpose of such proceeding is to determine whether the
employee should be retained or discharged; provided, however, a person
given access to information pursuant to this subparagraph [(n)] shall,
notwithstanding any inconsistent provision of law, be authorized to
redisclose such information only if the purpose of such redisclosure is
to initiate or present evidence in a disciplinary, administrative or
judicial proceeding concerning the continued employment or the terms of
employment of an employee of such agency, center or facility who has
been named as a subject of an indicated report and, in addition, a
person or agency given access to information pursuant to this subpara-
graph [(n)] shall also be given information not otherwise provided
concerning the subject of an indicated report where the commission of an
A. 2321 5
act or acts by such subject has been determined in proceedings pursuant
to article ten of the family court act to constitute abuse or neglect;
(o) a provider or coordinator of services to which a child protective
service or social services district has referred a child or a child's
family or to whom the child or the child's family have referred them-
selves at the request of the child protective service or social services
district, where said child is reported to the register when the records,
reports or other information are necessary to enable the provider or
coordinator to establish and implement a plan of service for the child
or the child's family, or to monitor the provision and coordination of
services and the circumstances of the child and the child's family, or
to directly provide services; provided, however, that a provider of
services may include appropriate health care or school district person-
nel, as such terms shall be defined by the department; provided however,
a provider or coordinator of services given access to information
concerning a child pursuant to this subparagraph [(o)] shall, notwith-
standing any inconsistent provision of law, be authorized to redisclose
such information to other persons or agencies which also provide
services to the child or the child's family only if the consolidated
services plan prepared and approved pursuant to section thirty-four-a of
this chapter describes the agreement that has been or will be reached
between the provider or coordinator of service and the local district.
An agreement entered into pursuant to this subparagraph shall include
the specific agencies and categories of individuals to whom redisclosure
by the provider or coordinator of services is authorized. Persons or
agencies given access to information pursuant to this subparagraph may
exchange such information in order to facilitate the provision or coor-
dination of services to the child or the child's family;
(p) a disinterested person making an investigation pursuant to section
one hundred sixteen of the domestic relations law, provided that such
disinterested person shall only make this information available to the
judge before whom the adoption proceeding is pending;
(q) a criminal justice agency conducting an investigation of a missing
child where there is reason to suspect such child or such child's
sibling, parent, guardian or other person legally responsible for such
child is a person named in an indicated report of child abuse or
maltreatment and that such information is needed to further such inves-
tigation;
(r) in relation to a report involving a child in residential care, the
director or operator of the residential facility or program and, as
appropriate, the local social services commissioner or school district
placing the child, the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, the department of education, the commission on quality of
care for the mentally disabled, the office of mental health, the office
[of mental retardation and] FOR PEOPLE WITH developmental disabilities,
and any attorney appointed to represent the child whose appointment has
been continued by a family court judge during the term of the placement,
subject to the limitations contained in subdivisions nine and ten of
this section and subdivision five of section four hundred twenty-four-c
of this title;
(s) a child protective service of another state when such service
certifies that the records and reports are necessary in order to conduct
a child abuse or maltreatment investigation within its jurisdiction of
the subject of the report and shall be used only for purposes of
conducting such investigation and will not be redisclosed to any other
person or agency;
A. 2321 6
(t) an attorney for a child, appointed pursuant to the provisions of
section one thousand sixteen of the family court act, at any time such
appointment is in effect, in relation to any report in which the
respondent in the proceeding in which the attorney for a child has been
appointed is the subject or another person named in the report, pursuant
to sections one thousand thirty-nine-a and one thousand fifty-two-a of
the family court act;
(u) a child care resource and referral program subject to the
provisions of subdivision six of section four hundred twenty-four-a of
this title;
(v)(i) officers and employees of the state comptroller or of the city
comptroller of the city of New York, or of the county officer designated
by law or charter to perform the auditing function in any county not
wholly contained within a city, for purposes of a duly authorized
performance audit, provided that such comptroller shall have certified
to the keeper of such records that he or she has instituted procedures
developed in consultation with the department to limit access to client-
identifiable information to persons requiring such information for
purposes of the audit and that appropriate controls and prohibitions are
imposed on the dissemination of client-identifiable information
contained in the conduct of the audit. Information pertaining to the
substance or content of any psychological, psychiatric, therapeutic,
clinical or medical reports, evaluations or like materials or informa-
tion pertaining to such child or the child's family shall not be made
available to such officers and employees unless disclosure of such
information is absolutely essential to the specific audit activity and
the department gives prior written approval.
(ii) any failure to maintain the confidentiality of client-identifia-
ble information shall subject such comptroller or officer to denial of
any further access to records until such time as the audit agency has
reviewed its procedures concerning controls and prohibitions imposed on
the dissemination of such information and has taken all reasonable and
appropriate steps to eliminate such lapses in maintaining confidentiali-
ty to the satisfaction of the office of children and family services.
The office of children and family services shall establish the grounds
for denial of access to records contained under this section and shall
recommend as necessary a plan of remediation to the audit agency.
Except as provided in this section, nothing in this subparagraph shall
be construed as limiting the powers of such comptroller or officer to
access records which he or she is otherwise authorized to audit or
obtain under any other applicable provision of law. Any person given
access to information pursuant to this subparagraph who releases data or
information to persons or agencies not authorized to receive such infor-
mation shall be guilty of a class A misdemeanor;
(w) members of a local or regional fatality review team approved by
the office of children and family services in accordance with section
four hundred twenty-two-b of this title;
(x) members of a local or regional multidisciplinary investigative
team as established pursuant to subdivision six of section four hundred
twenty-three of this title;
(y) members of a citizen review panel as established pursuant to
section three hundred seventy-one-b of this article; provided, however,
members of a citizen review panel shall not disclose to any person or
government official any identifying information which the panel has been
provided and shall not make public other information unless otherwise
authorized by statute;
A. 2321 7
(z) an entity with appropriate legal authority in another state to
license, certify or otherwise approve prospective foster and adoptive
parents where disclosure of information regarding the prospective foster
or adoptive parents and other persons over the age of eighteen residing
in the home of such prospective parents is required by paragraph twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code; and
(aa) a social services official who is investigating whether an adult
is in need of a protective services in accordance with the provisions of
section four hundred seventy-three of this chapter, when such official
has reasonable cause to believe such adult may be in need of protective
services due to the conduct of an individual or individuals who had
access to such adult when such adult was a child and that such reports
and information are needed to further the present investigation.
After a child, other than a child in residential care, who is reported
to the central register of abuse or maltreatment reaches the age of
eighteen years, access to a child's record under subparagraphs (a) and
(b) of this paragraph shall be permitted only if a sibling or off-spring
of such child is before such person and is a suspected victim of child
abuse or maltreatment. In addition, a person or official required to
make a report of suspected child abuse or maltreatment pursuant to
section four hundred thirteen of this chapter shall receive, upon
request, the findings of an investigation made pursuant to this title or
section 45.07 of the mental hygiene law. However, no information may be
released unless the person or official's identity is confirmed by the
[department] OFFICE. If the request for such information is made prior
to the completion of an investigation of a report, the released informa-
tion shall be limited to whether the report is "indicated", "unfounded"
or "under investigation", whichever the case may be. If the request for
such information is made after the completion of an investigation of a
report, the released information shall be limited to whether the report
is "indicated" or "unfounded", whichever the case may be. A person given
access to the names or other information identifying the subjects of the
report, or other persons named in the report, except the subject of the
report or other persons named in the report, shall not divulge or make
public such identifying information unless he or she is a district
attorney or other law enforcement official and the purpose is to initi-
ate court action or the disclosure is necessary in connection with the
investigation or prosecution of the subject of the report for a crime
alleged to have been committed by the subject against another person
named in the report. Nothing in this section shall be construed to
permit any release, disclosure or identification of the names [or],
identifying descriptions, TELEPHONE NUMBERS OR OTHER CONTACT INFORMATION
of persons who have reported suspected child abuse or maltreatment to
the statewide central register or the agency, institution, organization,
program or other entity where such persons are employed or the agency,
institution, organization or program with which they are associated
without such persons' written permission except to persons, officials,
and agencies enumerated in subparagraphs (e), (f), (h), (j), (l), (m)
and (v) of this paragraph.
To the extent that persons or agencies are given access to information
pursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m)[,] AND (o)
[and (q)] of this paragraph, such persons or agencies may give and
receive such information to each other in order to facilitate an inves-
tigation conducted by such persons or agencies.
A. 2321 8
(B) Notwithstanding any inconsistent provision of law to the contrary,
a city or county social services commissioner may withhold, in whole or
in part, the release of any information which he or she is authorized to
make available to persons or agencies identified in subparagraphs (a),
(k), (l), (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this
subdivision if such commissioner determines that such information is not
related to the purposes for which such information is requested or when
such disclosure will be detrimental to the child named in the report.
(C) A city or county social services commissioner who denies access by
persons or agencies identified in subparagraphs (a), (k), (l), (m),
(n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this subdivision to
records, reports or other information or parts thereof maintained by
such commissioner in accordance with this title shall, within ten days
from the date of receipt of the request fully explain in writing to the
person requesting the records, reports or other information the reasons
for the denial.
(D) A person or agency identified in subparagraphs (a), (k), (l), (m),
(n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this subdivision who
is denied access to records, reports or other information or parts ther-
eof maintained by a local department pursuant to this title may bring a
proceeding for review of such denial pursuant to article seventy-eight
of the civil practice law and rules.
S 6. Subparagraph (v) of paragraph (a), paragraphs (b) and (c) of
subdivision 5 and subdivision 14 of section 422 of the social services
law, subparagraph (v) of paragraph (a) and paragraph (b) of subdivision
5 as amended, and paragraph (c) of subdivision 5 as added by chapter 555
of the laws of 2000 and subdivision 14 as added by chapter 477 of the
laws of 1989, are amended to read as follows:
(v) to a district attorney, an assistant district attorney, an inves-
tigator employed in the office of a district attorney, or to a sworn
officer of the division of state police, of a city, county, town or
village police department or of a county sheriff's office when such
official verifies that the report is necessary to conduct an active
investigation or prosecution of a violation of subdivision [three] FOUR
of section [240.55] 240.50 of the penal law.
(b) Persons given access to unfounded reports pursuant to subparagraph
(v) of paragraph (a) of this subdivision shall not redisclose such
reports except as necessary to conduct such appropriate investigation or
prosecution and shall request of the court that any copies of such
reports produced in any court proceeding be redacted to remove the names
of the subjects and other persons named in the reports or that the court
issue an order protecting the names of the subjects and other persons
named in the reports from public disclosure. The local child protective
service or state agency shall not indicate the subsequent report solely
based upon the existence of the prior unfounded report or reports.
Notwithstanding section four hundred fifteen of this title, section one
thousand forty-six of the family court act, or, except as set forth
herein, any other provision of law to the contrary, an unfounded report
shall not be admissible in any judicial or administrative proceeding or
action; provided, however, an unfounded report may be introduced into
evidence: (i) by the subject of the report where such subject is a
respondent in a proceeding under article ten of the family court act or
is a plaintiff or petitioner in a civil action or proceeding alleging
the false reporting of child abuse or maltreatment; or (ii) in a crimi-
nal court for the purpose of prosecuting a violation of subdivision
[three] FOUR of section [240.55] 240.50 of the penal law. Legally sealed
A. 2321 9
unfounded reports shall be expunged ten years after the receipt of the
report. Whenever the office of children and family services determines
that there is some credible evidence of abuse or maltreatment as a
result of an investigation of a report conducted pursuant to subdivision
(c) of section 45.07 of the mental hygiene law, the office of children
and family services shall notify the commission on quality of care for
the mentally disabled.
(c) Notwithstanding any other provision of law, the office of children
and family services may, in its discretion, grant a request to expunge
an unfounded report where: (i) the source of the report was convicted of
a violation of subdivision [three] FOUR of section [240.55] 240.50 of
the penal law in regard to such report; or (ii) the subject of the
report presents clear and convincing evidence that affirmatively refutes
the allegation of abuse or maltreatment; provided however, that the
absence of credible evidence supporting the allegation of abuse or
maltreatment shall not be the sole basis to expunge the report. Nothing
in this paragraph shall require the office of children and family
services to hold an administrative hearing in deciding whether to
expunge a report. Such office shall make its determination upon review-
ing the written evidence submitted by the subject of the report and any
records or information obtained from the state or local agency which
investigated the allegations of abuse or maltreatment.
14. The department shall refer suspected cases of falsely reporting
child abuse and maltreatment in violation of subdivision [three] FOUR of
section [240.55] 240.50 of the penal law to the appropriate law enforce-
ment agency or district attorney.
S 7. Subdivision 8 of section 424 of the social services law, as added
by chapter 477 of the laws of 1989, is amended to read as follows:
8. refer suspected cases of falsely reporting child abuse and
maltreatment in violation of subdivision [three] FOUR of section
[240.55] 240.50 of the penal law to the appropriate law enforcement
agency or district attorney;
S 8. Subdivision 12 of section 422 of the social services law, as
added by chapter 1039 of the laws of 1973 and renumbered by chapter 676
of the laws of 1985, is amended to read as follows:
12. (A) Any person who willfully DISCLOSES, permits [and any person
who] THE DISCLOSURE OF, OR encourages the release of any data and infor-
mation contained in the central register to persons or agencies not
permitted by this title shall be guilty of a class A misdemeanor.
(B) ANY PERSON WHO WILLFULLY AND WRONGFULLY ACCESSES OR DISCLOSES
INFORMATION OR RECORDS THAT ARE CONFIDENTIAL UNDER THIS SECTION SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
S 9. This act shall take effect immediately; except that section eight
of this act shall take effect on the first of November next succeeding
the date on which it shall have become a law.