NY State Senate Bill 2017-S4155

Senate Bill S4155

2017-2018 Legislative Session

Grants local social services districts access to criminal history information when acting within the scope of their duties under the social services law or the family court act

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Feb 03, 2017	referred to finance

co-Sponsors

2017-S4155 (ACTIVE) - Details

See Assembly Version of this Bill:: A163
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §835, Exec L; amd §§398 & 424, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7731, A9992
2015-2016: S5035, A2844
2019-2020: A7375
2021-2022: A2512

2017-S4155 (ACTIVE) - Summary

Grants local social services districts access to criminal history information when acting within the scope of their duties under the social services law or the family court act.

2017-S4155 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4155

 TITLE OF BILL :

An act to amend the executive law and the social services law, in
relation to access to court databases for local social services
districts

 PURPOSE :

The purpose of this bill is to allow local social service district
employees access to active outstanding arrests as well as past
convictions for any person considered a resource for a child.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 9 of section 835 of the executive law to
clarify the definition of a qualified agency under the jurisdiction of
the Division of Criminal Justice Services.

Section 2 adds a new paragraph (g) to subdivision 6 of section 398 of
the social services law to grant local social service district
employees access to records maintained by the Division of Criminal
Justice Services for any adult who lives with or who will be living
with a child in protective custody to search for arrest and conviction
records relating to the adult.

Section 3 amends paragraph (b) of subdivision 6 of section 424 of the
social services law to clarify that any adult who is proposed to live
with a child under child protective service's supervision will be
subject to the rules and regulations of the Division of Criminal
Justice Services.

Section 4 provides an immediate effective date.

 JUSTIFICATION :

Currently, social service district employees are only able to access
past criminal convictions through the State Central Registry (SCR)
during an investigation, and only for persons named in SCR reports as
living with a child under protective custody. Child protective service
employees do not currently have access to arrest records, pending
convictions, and many other types of criminal records that would
greatly assist in evaluating the safety of a living situation for a
child whose circumstances are under investigation. This legislation
would grant access to all criminal records held by the Division of
Criminal Justice Services, for adults associated with the child as
well as adults who are proposed to begin living with the child in
protective custody. Granting access to a more complete criminal
history of adults currently or proposed to be involved with a child
will allow child protective service workers to take a more in depth
look at a child's living situation, assess risks, and make appropriate
recommendations to ensure the welfare and safety of the child.

 LEGISLATIVE HISTORY :

2015-16; A.2844
2013-14; A.9992

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4155 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4155
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive  law  and  the  social  services  law,  in
   relation  to  access  to  court  databases  for  local social services
   districts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
 rately amended by chapters 14 and 155 of the laws of 2012, is amended to
 read as follows:
   9.  "Qualified agencies" means courts in the unified court system, the
 administrative board of the judicial conference, probation  departments,
 sheriffs'  offices, district attorneys' offices, the state department of
 corrections and community supervision, the department of  correction  of
 any  municipality,  the financial frauds and consumer protection unit of
 the state department of financial services, the office  of  professional
 medical  conduct  of  the state department of health for the purposes of
 section two hundred thirty of the public health law, the [child  protec-
 tive services unit of a] local social services district when [conducting
 an  investigation  pursuant  to  subdivision six of section four hundred
 twenty-four of the social services law] ACTING WITHIN THE SCOPE  OF  ITS
 DUTIES  PURSUANT TO THE SOCIAL SERVICES LAW OR THE FAMILY COURT ACT, the
 office of Medicaid inspector general, the temporary state commission  of
 investigation,  police  forces and departments having responsibility for
 enforcement of the general criminal laws  of  the  state,  the  Onondaga
 County  Center  for  Forensic Sciences Laboratory when acting within the
 scope of its  law  enforcement  duties  and  the  division  of  forensic
 services  of  the  Nassau  county  medical examiner's office when acting
 within the scope of its law enforcement duties.
   § 2. Subdivision 6 of section  398  of  the  social  services  law  is
 amended by adding a new paragraph (q) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02464-01-7

 S. 4155                             2
 
   (Q)  INVESTIGATE  THE CRIMINAL BACKGROUND OF ANY PERSON OF OR OVER THE
 AGE OF EIGHTEEN WHO RESIDES OR IS PROPOSED TO RESIDE WITH OR IN THE SAME
 HOME AS A CHILD WHO IS THE SUBJECT OF A  COURT  PROCEEDING  PURSUANT  TO
 ARTICLE  THREE, SIX, SEVEN, TEN, TEN-A OR TEN-C OF THE FAMILY COURT ACT.
 FOR  THE  PURPOSE  OF THESE INVESTIGATIONS, AND SUBJECT TO THE RULES AND
 REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES,  LOCAL  SOCIAL
 SERVICES  DISTRICTS  MAY, ACTING THROUGH PERSONS SPECIFICALLY DESIGNATED
 BY THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES  DISTRICT,  ACCESS  AND
 RECEIVE  RECORDS MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
 PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE
 EXECUTIVE LAW.
   § 3. Paragraph (b) of subdivision 6  of  section  424  of  the  social
 services  law, as amended by chapter 602 of the laws of 2008, is amended
 to read as follows:
   (b) subject to rules and  regulations  of  the  division  of  criminal
 justice  services, a manager of the child protective services unit, or a
 person with law enforcement background who is specifically designated by
 the commissioner of the local social services district for this purpose,
 shall have access  to  [conviction]  records  maintained  by  state  law
 enforcement  agencies  pertaining to persons of or over the age of eigh-
 teen years who (1) are currently residing in the residence of any  child
 who  is  alleged  to  be  or  suspected  of being abused, maltreated, or
 neglected or WHO IS PROPOSED TO LIVE WITH SUCH CHILD, OR (2)  are  named
 in  any  report  of  suspected  or alleged child abuse, maltreatment, or
 neglect; provided that nothing in this subdivision shall be construed to
 contradict or modify section one thousand forty-six of the family  court
 act.  Any  criminal  history record provided by the division of criminal
 justice services,  and  any  summary  of  the  criminal  history  record
 provided  by  the  office  of  children and family services to the child
 protective services unit of a local social services district pursuant to
 this subdivision, shall be kept  confidential  and  shall  not  be  made
 available  for public inspection.  Child protective services units shall
 not indicate a report solely based upon the existence  of  a  conviction
 record;
   § 4. This act shall take effect immediately.

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Senate Bill S4155

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Sponsored By

Tony Avella