S T A T E O F N E W Y O R K
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4229--A
2019-2020 Regular Sessions
I N S E N A T E
March 5, 2019
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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section 422 of the social services law is REPEALED.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.
LBD06531-04-9
S. 4229--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
S. 4229--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.