S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2562--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Children  and  Families  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the social  services  law,  in  relation  to  access  to
   reports  of child abuse and maltreatment by criminal justice agencies;
   and to repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (l)  of  paragraph  (A) of subdivision 4 of
 section 422 of the social services law is REPEALED.
   § 2. Subdivision 4 of section  422  of  the  social  services  law  is
 amended by adding a new paragraph (A-1) to read as follows:
   (A-1) (A) THE OFFICE SHALL ESTABLISH A CENTRALIZED DATABASE FOR CRIMI-
 NAL  JUSTICE AGENCIES TO ACCESS IN THE PERFORMANCE OF THEIR DUTIES WHICH
 SHALL INCLUDE ALL REPORTS MADE PURSUANT TO THIS TITLE  AS  WELL  AS  ANY
 OTHER   INFORMATION  OBTAINED,  REPORTS  WRITTEN  OR  PHOTOGRAPHS  TAKEN
 CONCERNING SUCH REPORTS IN THE POSSESSION OF THE OFFICE OR LOCAL DEPART-
 MENTS. THE OFFICE SHALL MAINTAIN THE FORMAT AND CONTENT OF SUCH DATABASE
 AND SHALL PROVIDE A METHOD FOR WHICH SUCH REPORTS AND OTHER  INFORMATION
 MAY BE DELIVERED TO THE OFFICE FROM LOCAL DEPARTMENTS.
   (B)  FOR  THE  PURPOSES OF THIS PARAGRAPH, "CRIMINAL JUSTICE AGENCIES"
 SHALL MEAN A DISTRICT ATTORNEY, AN ASSISTANT  DISTRICT  ATTORNEY  OR  AN
 INVESTIGATOR  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 COUNTY DEPARTMENT OF PARKS, OF A CITY POLICE DEPARTMENT, OR
 OF  A  COUNTY,  TOWN  OR  VILLAGE  POLICE DEPARTMENT OR COUNTY SHERIFF'S
 OFFICE OR DEPARTMENT; OR AN INDIAN POLICE OFFICER.
   § 3. The second undesignated paragraph and the  closing  paragraph  of
 paragraph  (A)  and  paragraphs  (B),  (C)  and  (D) of subdivision 4 of
 section 422 of the social services law, the  second  undesignated  para-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06531-03-9

 A. 2562--A                          2
 
 graph  of paragraph (A) as amended by section 6 of part D of chapter 501
 of the laws of 2012, the closing paragraph of paragraph (A) as added  by
 chapter  12  of  the  laws  of  1996, and paragraphs (B), (C) and (D) as
 amended  by  chapter  677  of  the  laws of 1985, are amended to read as
 follows:
   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] TITLE shall receive,
 upon request, the findings of an investigation  made  pursuant  to  this
 title.    However,  no  information may be released unless the person or
 official's identity is confirmed by the office. If the request for  such
 information  is  made  prior  to the completion of an investigation of a
 report, the released information 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  offi-
 cial  and  the  purpose is to initiate 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 iden-
 tification of the names or identifying descriptions 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 AND to infor-
 mation pursuant to subparagraphs (a), (b), (c),  (j),  (k)[,  (l),]  AND
 (m)[,  (o) and (q)] of this paragraph, such persons or agencies may give
 and receive such information to each other in  order  to  facilitate  an
 investigation conducted by such persons or agencies.
   (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

 A. 2562--A                          3
 
 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
 thereof  maintained  by  a  local  department pursuant to this title may
 bring a proceeding for review of such denial pursuant to article  seven-
 ty-eight of the civil practice law and rules.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.