BILL NUMBER:S2122

TITLE OF BILL:  An act to amend the social services law, in relation
to disclosure of information pertaining to a child abuse and neglect
investigation

PURPOSE:  This bill would prohibit prosecuting any city or county
social services commissioner for disclosing information pertaining to
a child abuse or maltreatment investigation if done so in good faith
adherence to New York State law.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill adds a new paragraph 8 to Section 422-a of the
Social Services Law to prohibit prosecuting any city or county social
services commissioner for disclosing information pertaining to a child
abuse or maltreatment investigation if done in good faith adherence to
the standards contained in Section 422-a of such law.

Section 2: Effective Date.

JUSTIFICATION:

Section 422-a of Social Services law provides criteria that, if met,
allows a city or county social services commissioner to disclose
information pertaining to a child abuse or maltreatment investigation.
              

In enacting Section 422-a in Section 1 of Chapter 12 of the Laws of
1996 the Legislature stated:

"Legislative Intent. The legislature finds that the deaths of children
due to abuse, neglect and maltreatment, despite the involvement of
government agencies charged with protecting children is intolerable
and unacceptable, and finds equally unacceptable laws which bar
legitimate and appropriate inquiries about activities of such agencies
in these cases, for they frustrate the ability of the legislature to
set informed policy and act in an appropriate oversight capacity;
impair the ability of independent government agencies to determine the
effectiveness of services, staff and funding; corrode public trust;
and undermine the right of the public to determine whether abused
children are being adequately protected.

"The legislature therefore finds a compelling need to reform the
confidentiality laws and declares its intent, by enactment of this
act, to increase the capacity for oversight and monitoring of the
child welfare system, and to increase information available, to the
public and to increase accountability among the agencies involved in
the system.

"The legislature finds that the privacy of children and their families
in abuse, neglect and maltreatment cases must be safeguarded, but that
the interests of children, their families and the public are best
protected by increased knowledge and oversight concerning the system,
and by greater accountability, and therefore declares that such
privacy must be balanced with appropriate release of information
concerning such cases."


The legislative intent to allow a balancing of privacy issues with the
need for the legislature and public to know what occurred in certain
cases has never been realized. The criminal penalty for improper
disclosure contained in Section 422 of the Social Services Law along
with the interpretation of the law by the Office of Children and
Families has created a chilling effect that thwarts the intent of
Section 422-a.

By removing the threat of criminal prosecution, Commissioners of
Social Services who make a good faith effort to comply with Section
422-a of the Social Services Law will be able to exercise their own
best judgment regarding the balancing that is called for by the
Legislature without fear of being prosecuted.

This is one in a series of measures being introduced at the request of
the Erie County Executive upon the recommendation of the county's
Commissioner of Social Services to improve the provision of child
protective services to New York's children and families.

LEGISLATIVE HISTORY: A. 9437 as of 2013/2014

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.