LBD13104-04-9
S. 6427--A 2
conducted pursuant to title six of article six of the social services
law has determined that there is [some credible] A FAIR PREPONDERANCE OF
evidence of the alleged abuse or maltreatment, that the subject of the
report has been notified that the report is indicated. In addition, if
such report has been reviewed by the state commissioner of social
services or his designee and has been determined to be unfounded, it
shall not be admissible in evidence. If such report has been so reviewed
and has been amended to delete any finding, each such deleted finding
shall not be admissible. If the state commissioner of social services or
his designee has amended the report to add any new finding, each such
new finding, together with any portion of the original report not
deleted by the commissioner or his designee, shall be admissible if it
meets the other requirements of this section and is otherwise admissible
as a business record. If such a report, or portion thereof, is admissi-
ble in evidence but is uncorroborated, it shall not be sufficient to
make a fact finding of abuse or maltreatment in such proceeding. Any
other evidence tending to support the reliability of such report shall
be sufficient corroboration.
§ 3. Paragraph (c) of subdivision 2 of section 421 of the social
services law, as amended by chapter 718 of the laws of 1986, is amended
to read as follows:
(c) issue guidelines to assist local child protective services in the
interpretation and assessment of reports of abuse and maltreatment made
to the statewide central register described in section four hundred
twenty-two of this article. Such guidelines shall include information,
standards and criteria for [the identification of credible] ASSESSING
WHETHER A FAIR PREPONDERANCE OF evidence of alleged abuse and maltreat-
ment EXISTS AS required to determine whether a report may be indicated.
§ 4. The opening paragraph of paragraph (a) of subdivision 5 of
section 422 of the social services law, as amended by section 7 of part
D of chapter 501 of the laws of 2012, is amended to read as follows:
Unless an investigation of a report conducted pursuant to this title
determines that there is [some credible] A FAIR PREPONDERANCE OF
evidence of the alleged abuse or maltreatment, all information identify-
ing the subjects of the report and other persons named in the report
shall be legally sealed forthwith by the central register and any local
child protective services or the state agency which investigated the
report. Such unfounded reports may only be unsealed and made available:
§ 5. Paragraph (c) of subdivision 5 of section 422 of the social
services law, as added by chapter 555 of the laws of 2000, is amended to
read as follows:
(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 of section 240.55 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]
A FAIR PREPONDERANCE OF 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.
S. 6427--A 3
§ 6. Subdivision 6 of section 422 of the social services law, as
amended by section 7 of part D of chapter 501 of the laws of 2012, is
amended to read as follows:
6. In all other cases, the record of the report to the statewide
central register shall be expunged ten years after the eighteenth birth-
day of the youngest child named in the report. PROVIDED HOWEVER, IN
CASES WHERE THE REPORT WAS INDICATED FOR MALTREATMENT, THE RECORD OF THE
REPORT TO THE STATEWIDE CENTRAL REGISTER SHALL BE CONDITIONALLY SEALED
EIGHT YEARS AFTER THE REPORT IS RECEIVED BY THE STATEWIDE CENTRAL REGIS-
TER, SO LONG AS THERE ARE NO OTHER INDICATED REPORTS OF ABUSE OR
MALTREATMENT WITH SUCH INDIVIDUAL NAMED AS THE SUBJECT OF THE REPORT.
PROVIDED, FURTHER, THAT IF SUCH INDIVIDUAL IS NAMED AS THE SUBJECT OF A
REPORT IN ANY SUBSEQUENT INDICATED ABUSE OR MALTREATMENT REPORTS, SUCH
RECORD SHALL BE IMMEDIATELY UNSEALED AND THE SUBSEQUENT INDICATED REPORT
SHALL BE INELIGIBLE FOR CONDITIONAL SEALING. REPORTS CONDITIONALLY
SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MAINTAINED IN THE STATEWIDE
CENTRAL REGISTER, HOWEVER SUCH REPORTS SHALL NOT BE MADE AVAILABLE
EXCEPT TO: (A) ENTITIES INCLUDED IN PARAGRAPH (A) OF SUBDIVISION FIVE OF
THIS SECTION; (B) AUTHORIZED AGENCIES THAT ARE CONSIDERING LICENSING THE
SUBJECT OF THE REPORT TO BECOME A FOSTER OR ADOPTIVE PARENT; (C) CHILD
PROTECTIVE SERVICES THAT ARE CONSIDERING RECOMMENDING THE SUBJECT OF THE
REPORT AS A CUSTODIAL OR VISITATION RESOURCE; (D) HEAD START PROGRAMS
WHICH ARE FUNDED PURSUANT TO TITLE V OF THE FEDERAL ECONOMIC OPPORTUNITY
ACT OF 1964, EARLY INTERVENTION SERVICES ESTABLISHED PURSUANT TO SECTION
TWENTY-FIVE HUNDRED FORTY OF THE PUBLIC HEALTH LAW, PRESCHOOL SERVICES
ESTABLISHED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION
LAW AND CHILD DAY CARE PROVIDERS AS DEFINED IN SECTION THREE HUNDRED
NINETY OF THIS ARTICLE FOR THE PURPOSES OF DETERMINING EMPLOYMENT, BUT
ONLY FOR AN ADDITIONAL FOUR YEARS AFTER SUCH RECORD IS CONDITIONALLY
SEALED; AND (E) THE COURT, UPON RECEIVING A RECOMMENDATION REGARDING A
POTENTIAL FOSTER OR ADOPTIVE PARENT OR A CUSTODIAL OR VISITATION
RESOURCE FROM A CHILD PROTECTIVE SERVICE IF SUCH RECOMMENDATION WAS
BASED IN ANY PART ON THE INDICATED REPORT. In the case of a child in
residential care the record of the report to the statewide central
register shall be expunged ten years after the reported child's eigh-
teenth birthday. In any case and at any time, the commissioner of the
office of children and family services may amend any record upon good
cause shown and notice to the subjects of the report and other persons
named in the report.
§ 7. Paragraph (a) of subdivision 8 of section 422 of the social
services law, as amended by chapter 12 of the laws of 1996, and subpara-
graph (ii) as amended by chapter 323 of the laws of 2008, is amended to
read as follows:
(a) (i) At any time subsequent to the completion of the investigation
[but in no event later than ninety days after the subject of the report
is notified that the report is indicated] the subject may request the
commissioner to amend the record of the report. [If] AFTER AN INITIAL
REQUEST, SUBSEQUENT REQUESTS MAY BE MADE FOR THE PURPOSE OF DETERMINING
WHETHER, DUE TO A CHANGE IN THE SUBJECT'S CIRCUMSTANCES, THE INDICATED
CASE CONTINUES TO BE RELEVANT AND REASONABLY RELATED PURSUANT TO SUBPAR-
AGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION. SUCH EVALUATION SHALL
TAKE PLACE NO MORE THAN BIENNIALLY. WHERE A PROCEEDING PURSUANT TO
ARTICLE TEN OF THE FAMILY COURT ACT BASED ON THE SAME ALLEGATIONS THAT
WERE INDICATED IS PENDING, THE REQUEST TO AMEND SHALL BE STAYED UNTIL
THE DISPOSITION OF SUCH FAMILY COURT PROCEEDING OR, IF THE PETITION IS
DISMISSED AT THE CONCLUSION OF AN ADJOURNMENT IN CONTEMPLATION OF
S. 6427--A 4
DISMISSAL OR SUSPENDED JUDGMENT, AT SUCH TIME OF THE DISMISSAL, WHICHEV-
ER IS LATER. UNLESS SUCH REQUEST HAS BEEN STAYED, IF the commissioner
does not amend the report in accordance with such request within ninety
days of receiving the request, the subject shall have the right to a
fair hearing, held in accordance with paragraph (b) of this subdivision,
to determine whether the record of the report in the central register
should be amended on the grounds that it is inaccurate or it is being
maintained in a manner inconsistent with this title.
(ii) Upon receipt of a request to amend the record of a child abuse
and maltreatment report the office of children and family services shall
immediately send a written request to the child protective service or
the state agency which was responsible for investigating the allegations
of abuse or maltreatment for all records, reports and other information
maintained by the service or state agency pertaining to such indicated
report. The service or state agency shall as expeditiously as possible
but within no more than twenty working days of receiving such request,
forward all records, reports and other information it maintains on such
indicated report to the office of children and family services, INCLUD-
ING A COPY OF ANY PETITION OR COURT ORDER BASED ON THE ALLEGATIONS THAT
WERE INDICATED. [The] UNLESS SUCH REQUEST TO AMEND HAS BEEN STAYED, THE
office of children and family services shall as expeditiously as possi-
ble but within no more than fifteen working days of receiving such mate-
rials from the child protective service or state agency, review all such
materials in its possession concerning the indicated report and deter-
mine, after affording such service or state agency a reasonable opportu-
nity to present its views, whether there is a fair preponderance of the
evidence to find that the subject committed the act or acts of child
abuse or maltreatment giving rise to the indicated report and whether,
based on guidelines developed by the office of children and family
services pursuant to subdivision five of section four hundred twenty-
four-a of this title, such act or acts could be relevant and reasonably
related to employment of the subject of the report by a provider agency,
as defined by subdivision three of section four hundred twenty-four-a of
this title, or relevant and reasonably related to the subject of the
report being allowed to have regular and substantial contact with chil-
dren who are cared for by a provider agency, or relevant and reasonably
related to the approval or disapproval of an application submitted by
the subject of the report to a licensing agency, as defined by subdivi-
sion four of section four hundred twenty-four-a of this title.
(iii) If it is determined at the review held pursuant to this para-
graph [(a)] that there is [no credible] NOT A FAIR PREPONDERANCE OF
evidence in the record to find that the subject committed an act or acts
of child abuse or maltreatment, the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES shall amend the record to indicate that the report is
"unfounded" and notify the subject forthwith.
(iv) If it is determined at the review held pursuant to this paragraph
[(a)] that there is [some credible] A FAIR PREPONDERANCE OF evidence in
the record to find that the subject committed such act or acts but that
such act or acts could not be relevant and reasonably related to the
employment of the subject by a provider agency or to the subject being
allowed to have regular and substantial contact with children who are
cared for by a provider agency or the approval or disapproval of an
application which could be submitted by the subject to a licensing agen-
cy, the [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall be
precluded from informing a provider or licensing agency which makes an
inquiry to [the department] SUCH OFFICE pursuant to the provisions of
S. 6427--A 5
section four hundred twenty-four-a of this title concerning the subject
that the person about whom the inquiry is made is the subject of an
indicated report of child abuse or maltreatment. The [department] OFFICE
OF CHILDREN AND FAMILY SERVICES shall notify forthwith the subject of
the report of such determinations and that a fair hearing has been sche-
duled pursuant to paragraph (b) of this subdivision. The sole issue at
such hearing shall be whether the subject has been shown by [some credi-
ble] A FAIR PREPONDERANCE OF evidence to have committed the act or acts
of child abuse or maltreatment giving rise to the indicated report.
(v) If it is determined at the review held pursuant to this paragraph
[(a)] that there is [some credible] A FAIR PREPONDERANCE OF evidence in
the record to prove that the subject committed an act or acts of child
abuse or maltreatment and that such act or acts could be relevant and
reasonably related to the employment of the subject by a provider agency
or to the subject being allowed to have regular and substantial contact
with children cared for by a provider agency or the approval or disap-
proval of an application which could be submitted by the subject to a
licensing agency, the [department] OFFICE OF CHILDREN AND FAMILY
SERVICES shall notify forthwith the subject of the report of such deter-
minations and that a fair hearing has been scheduled pursuant to para-
graph (b) of this subdivision.
§ 8. Subparagraphs (i) and (ii) of paragraph (b) of subdivision 8 of
section 422 of the social services law, as amended by chapter 12 of the
laws of 1996, are amended to read as follows:
(i) If the [department] OFFICE OF CHILDREN AND FAMILY SERVICES, [with-
in ninety days of] UPON receiving a request from the subject that the
record of a report be amended, does not amend the record in accordance
with such request, [the department] SUCH OFFICE shall schedule a fair
hearing and shall provide notice of the scheduled hearing date to the
subject, the statewide central register and, as appropriate, to the
child protective service or the state agency which investigated the
report.
(ii) The burden of proof in such a hearing shall be on the child
protective service or the state agency which investigated the report, as
the case may be. In such a hearing, the fact that there is a family
court finding of abuse or neglect against the subject in regard to an
allegation contained in the report shall create an irrebuttable presump-
tion that said allegation is substantiated by [some credible] A FAIR
PREPONDERANCE OF evidence. WHERE THE PETITIONING CHILD PROTECTIVE AGEN-
CY WITHDRAWS WITH PREJUDICE AN ALLEGATION IN A PETITION, OR A FAMILY
COURT FINDS ON THE MERITS THAT AN ALLEGATION DOES NOT CONSTITUTE ABUSE
OR NEGLECT OR WAS NOT SUPPORTED BY A FAIR PREPONDERANCE OF THE EVIDENCE,
OR AN ALLEGATION HAS BEEN DISMISSED AT THE CONCLUSION OF EITHER AN
ADJOURNMENT IN CONTEMPLATION OF DISMISSAL OR SUSPENDED JUDGMENT, IF SUCH
ALLEGATION WAS THE SAME AS THE ALLEGATION IN AN INDICATED REPORT, THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL AMEND SUCH INDICATED REPORT
TO BE UNFOUNDED.
§ 9. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 8 of
section 422 of the social services law, as amended by chapter 12 of the
laws of 1996, and the opening paragraph of subparagraph (ii) as amended
by chapter 323 of the laws of 2008, are amended to read as follows:
(i) If it is determined at the fair hearing that there is [no credi-
ble] NOT A FAIR PREPONDERANCE OF evidence in the record to find that the
subject committed an act or acts of child abuse or maltreatment, the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES shall amend the
record to reflect that such a finding was made at the administrative
S. 6427--A 6
hearing, order any child protective service or state agency which inves-
tigated the report to similarly amend its records of the report, and
shall notify the subject forthwith of the determination.
(ii) Upon a determination made at a fair hearing [held on or after
January first, nineteen hundred eighty-six] scheduled pursuant to the
provisions of subparagraph (v) of paragraph (a) of this subdivision that
the subject has been shown by a fair preponderance of the evidence to
have committed the act or acts of child abuse or maltreatment giving
rise to the indicated report, the hearing officer shall determine, based
on guidelines developed by the office of children and family services
pursuant to subdivision five of section four hundred twenty-four-a of
this title, whether such act or acts are relevant and reasonably related
to employment of the subject by a provider agency, as defined by subdi-
vision three of section four hundred twenty-four-a of this title, or
relevant and reasonably related to the subject being allowed to have
regular and substantial contact with children who are cared for by a
provider agency or relevant and reasonably related to the approval or
disapproval of an application submitted by the subject to a licensing
agency, as defined by subdivision four of section four hundred twenty-
four-a of this title.
Upon a determination made at a fair hearing that the act or acts of
abuse or maltreatment are relevant and reasonably related to employment
of the subject by a provider agency or the subject being allowed to have
regular and substantial contact with children who are cared for by a
provider agency or the approval or denial of an application submitted by
the subject to a licensing agency, the [department] OFFICE OF CHILDREN
AND FAMILY SERVICES shall notify the subject forthwith. The [department]
OFFICE OF CHILDREN AND FAMILY SERVICES shall inform a provider or
licensing agency which makes an inquiry to [the department] SUCH OFFICE
pursuant to the provisions of section four hundred twenty-four-a of this
title concerning the subject that the person about whom the inquiry is
made is the subject of an indicated child abuse or maltreatment report.
The failure to determine at the fair hearing that the act or acts of
abuse and maltreatment are relevant and reasonably related to the
employment of the subject by a provider agency or to the subject being
allowed to have regular and substantial contact with children who are
cared for by a provider agency or the approval or denial of an applica-
tion submitted by the subject to a licensing agency shall preclude the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES from informing a
provider or licensing agency which makes an inquiry to [the department]
SUCH OFFICE pursuant to the provisions of section four hundred twenty-
four-a of this title concerning the subject that the person about whom
the inquiry is made is the subject of an indicated child abuse or
maltreatment report.
§ 10. Paragraph (e) of subdivision 8 of section 422 of the social
services law, as added by chapter 12 of the laws of 1996, is amended to
read as follows:
(e) Should the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
grant the request of the subject of the report pursuant to this subdivi-
sion either through an administrative review or fair hearing to amend an
indicated report to an unfounded report[. Such], SUCH report shall be
legally sealed and shall be released and expunged in accordance with the
standards set forth in subdivision five of this section.
§ 11. Subparagraphs (i), (ii), (iii), and (v) of paragraph (e) of
subdivision 1 of section 424-a of the social services law, subparagraphs
(i), (ii) and (iii) as amended by chapter 12 of the laws of 1996, and
S. 6427--A 7
subparagraph (v) as amended by chapter 634 of the laws of 1988, are
amended and six new subparagraphs (vi), (vii), (viii), (ix), (x) and
(xi) are added to read as follows:
(i) Subject to the provisions of subparagraph (ii) of this paragraph,
the department shall inform the provider or licensing agency, or child
care resource and referral programs pursuant to subdivision six of this
section whether or not the person is the subject of an indicated child
abuse and maltreatment report only if: (a) the time for the subject of
the report to request an amendment of the record of the report pursuant
to [subdivision eight of section four hundred twenty-two] SUBPARAGRAPH
(V) OF THIS PARAGRAPH has expired without any such request having been
made; or (b) such request was made within such time and a fair hearing
regarding the request has been finally determined by the commissioner
and the record of the report has not been amended to unfound the report
or delete the person as a subject of the report.
(ii) If the subject of an indicated report of child abuse or maltreat-
ment has not requested an amendment of the record of the report [within
the time specified in subdivision eight of section four hundred twenty-
two of this title or if the subject had a fair hearing pursuant to such
section prior to January first, nineteen hundred eighty-six] and an
inquiry is made to the [department] OFFICE OF CHILDREN AND FAMILY
SERVICES pursuant to this subdivision concerning the subject of the
report, [the department] SUCH OFFICE shall, as expeditiously as possible
but within no more than ten working days of receipt of the inquiry,
determine whether, in fact, the person about whom an inquiry is made is
the subject of an indicated report. Upon making a determination that the
person about whom the inquiry is made is the subject of an indicated
report of child abuse and maltreatment, the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES shall immediately send a written request to the
child protective service or state agency which was responsible for
investigating the allegations of abuse or maltreatment for all records,
reports and other information maintained by the service or state agency
on the subject. The service or state agency shall, as expeditiously as
possible but within no more than twenty working days of receiving such
request, forward all records, reports and other information it maintains
on the indicated report to the [department] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, INCLUDING A COPY OF ANY PETITION OR COURT ORDER BASED ON
THE ALLEGATIONS THAT WERE INDICATED. [The department] WHERE A PROCEED-
ING PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT IS PENDING BASED ON
THE SAME ALLEGATIONS THAT WERE INDICATED, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL STAY DETERMINATION OF WHETHER THERE IS A FAIR
PREPONDERANCE OF THE EVIDENCE TO SUPPORT THE INDICATION UNTIL THE DISPO-
SITION OF SUCH FAMILY COURT PROCEEDING OR IF THE PETITION IS DISMISSED
AT THE CONCLUSION OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL OR
SUSPENDED JUDGMENT, AT SUCH TIME OF THE DISMISSAL, WHICHEVER IS LATER.
UNLESS SUCH DETERMINATION HAS BEEN STAYED, THE OFFICE OF CHILDREN AND
FAMILY SERVICES shall, within fifteen working days of receiving such
records, reports and other information from the child protective service
or state agency, review all records, reports and other information in
its possession concerning the subject and determine whether there is
[some credible] A FAIR PREPONDERANCE OF evidence to find that the
subject had committed the act or acts of child abuse or maltreatment
giving rise to the indicated report.
(iii) If it is determined, after affording such service or state agen-
cy a reasonable opportunity to present its views, that there is [no
credible] NOT A FAIR PREPONDERANCE OF evidence in the record to find
S. 6427--A 8
that the subject committed such act or acts, the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES shall amend the record to indicate that the
report was unfounded and notify the inquiring party that the person
about whom the inquiry is made is not the subject of an indicated
report. [If the subject of the report had a fair hearing pursuant to
subdivision eight of section four hundred twenty-two of this title prior
to January first, nineteen hundred eighty-six and the fair hearing had
been finally determined by the commissioner and the record of the report
had not been amended to unfound the report or delete the person as a
subject of the report, then the department shall determine that there is
some credible evidence to find that the subject had committed the act or
acts of child abuse or maltreatment giving rise to the indicated
report.]
(v) If it is determined after a review by the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES of all records, reports and information in
its possession concerning the subject of the report that there is [some
credible] A FAIR PREPONDERANCE OF evidence to prove that the subject
committed the act or acts of abuse or maltreatment giving rise to the
indicated report [and that such act or acts are relevant and reasonably
related to issues concerning the employment of the subject by a provider
agency or to the subject being allowed to have regular and substantial
contact with children cared for by a provider agency or the approval or
disapproval of an application which has been submitted by the subject to
a licensing agency, the department shall inform the inquiring party that
the person about whom the inquiry is made is the subject of an indicated
report of child abuse and maltreatment; the department shall also notify
the subject of the inquiry of his or her fair hearing rights granted
pursuant to paragraph (c) of subdivision two of this section], THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUBJECT OF THE
DETERMINATION OF SUCH REPORT AND OF THE SUBJECT'S RIGHT TO REQUEST A
FAIR HEARING WITHIN NINETY DAYS. IF THE SUBJECT SHALL REQUEST A HEARING
WITHIN NINETY DAYS, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
SCHEDULE A FAIR HEARING AND SHALL PROVIDE NOTICE OF THE SCHEDULED HEAR-
ING DATE TO THE SUBJECT, THE STATEWIDE CENTRAL REGISTER AND, AS APPRO-
PRIATE, TO THE CHILD PROTECTIVE SERVICE OR STATE AGENCY WHICH INVESTI-
GATED SUCH REPORT.
(VI) THE BURDEN OF PROOF IN SUCH A HEARING SHALL BE ON THE CHILD
PROTECTIVE SERVICE OR STATE AGENCY WHICH INVESTIGATED THE REPORT. IN
SUCH A HEARING, THE FACT THAT THERE IS A FAMILY COURT FINDING OF ABUSE
OR NEGLECT AGAINST THE SUBJECT IN REGARD TO AN ALLEGATION CONTAINED IN
SUCH REPORT SHALL CREATE AN IRREBUTTABLE PRESUMPTION THAT SAID ALLEGA-
TION IS SUBSTANTIATED BY A FAIR PREPONDERANCE OF EVIDENCE. WHERE THE
PETITIONING CHILD PROTECTIVE AGENCY WITHDRAWS WITH PREJUDICE AN ALLEGA-
TION IN A PETITION, OR A FAMILY COURT FINDS ON THE MERITS THAT AN ALLE-
GATION DOES NOT CONSTITUTE ABUSE OR NEGLECT OR WAS NOT SUPPORTED BY A
FAIR PREPONDERANCE OF THE EVIDENCE, OR A PETITION HAS BEEN DISMISSED AT
THE CONCLUSION OF EITHER AN ADJOURNMENT IN CONTEMPLATION OF A DISMISSAL
OR SUSPENDED JUDGMENT, IF SUCH ALLEGATION WAS AT THE SAME TIME AS THE
ALLEGATION IN AN INDICATED REPORT THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL AMEND SUCH INDICATED REPORT TO BE UNFOUNDED.
(VII) IF IT SHALL BE DETERMINED AT THE FAIR HEARING THAT THERE IS NO
FAIR PREPONDERANCE OF EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT
COMMITTED AN ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL AMEND THE RECORD TO REFLECT THAT SUCH
A FINDING WAS MADE AT THE ADMINISTRATIVE HEARING, ORDER ANY CHILD
PROTECTIVE SERVICE OR STATE AGENCY WHICH INVESTIGATED THE REPORT TO
S. 6427--A 9
SIMILARLY AMEND ITS RECORDS OF SUCH REPORT, NOTIFY THE SUBJECT OF THE
DETERMINATION, AND NOTIFY THE INQUIRING PARTY THAT THE PERSON ABOUT WHOM
SUCH INQUIRY WAS MADE IS NOT THE SUBJECT OF AN INDICATED REPORT.
(VIII) UPON A DETERMINATION AT THE FAIR HEARING THAT THE SUBJECT HAS
BEEN SHOWN, BY A FAIR PREPONDERANCE OF THE EVIDENCE, TO HAVE COMMITTED
THE ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT GIVING RISE TO THE INDI-
CATED REPORT, THE HEARING OFFICER SHALL DETERMINE, BASED ON GUIDELINES
DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION, WHETHER SUCH ACT OR ACTS ARE RELEVANT
AND REASONABLY RELATED TO THE SUBJECT BEING ALLOWED TO HAVE REGULAR AND
SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGEN-
CY, OR RELEVANT AND REASONABLY RELATED TO THE APPROVAL OR DISAPPROVAL OF
AN APPLICATION SUBMITTED BY THE SUBJECT TO A LICENSING AGENCY.
(IX) UPON A DETERMINATION MADE AT A FAIR HEARING THAT THE ACT OR ACTS
OF ABUSE OR MALTREATMENT ARE RELEVANT AND REASONABLY RELATED TO THE
EMPLOYMENT OF THE SUBJECT BY A PROVIDER AGENCY, THE SUBJECT BEING
ALLOWED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE
CARED FOR BY A PROVIDER AGENCY OR THE APPROVAL OR DENIAL OF AN APPLICA-
TION SUBMITTED BY THE SUBJECT TO A LICENSING AGENCY, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES SHALL NOTIFY THE SUBJECT AND SHALL INFORM THE
INQUIRING PARTY THAT THE PERSON ABOUT WHOM SUCH INQUIRY WAS MADE IS THE
SUBJECT OF AN INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT.
(X) THE FAILURE TO DETERMINE AT THE FAIR HEARING THAT THE ACT OR ACTS
OF ABUSE AND MALTREATMENT ARE RELEVANT AND REASONABLY RELATED TO THE
EMPLOYMENT OF THE SUBJECT BY A PROVIDER AGENCY, THE SUBJECT BEING
ALLOWED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE
CARED FOR BY A PROVIDER AGENCY OR THE APPROVAL OR DENIAL OF AN APPLICA-
TION SUBMITTED BY THE SUBJECT TO A LICENSING AGENCY SHALL PRECLUDE THE
OFFICE OF CHILDREN AND FAMILY SERVICES FROM INFORMING A PROVIDER OR
LICENSING AGENCY THAT SUCH PERSON IS THE SUBJECT OF AN INDICATED REPORT
OF CHILD ABUSE OR MALTREATMENT.
(XI) SHOULD THE OFFICE OF CHILDREN AND FAMILY SERVICES GRANT THE
REQUEST OF THE SUBJECT OF THE REPORT PURSUANT TO THIS SUBDIVISION,
EITHER THROUGH AN ADMINISTRATIVE REVIEW OR FAIR HEARING, TO AMEND AN
INDICATED REPORT TO AN UNFOUNDED REPORT, SUCH REPORT SHALL BE LEGALLY
SEALED AND SHALL BE RELEASED AND EXPUNGED IN ACCORDANCE WITH THE STAND-
ARDS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-TWO OF
THIS TITLE.
§ 12. Paragraph (iii) of subdivision (f) of section 1051 of the family
court act, as added by chapter 430 of the laws of 1994, is amended to
read as follows:
(iii) that the report made to the state central register of child
abuse and maltreatment upon which the petition is based will remain on
file until ten years after the eighteenth birthday of the youngest child
named in such report, that the respondent will be unable to obtain
expungement of such report[, and] THAT IF SUCH REPORT IS FOR MALTREAT-
MENT, IT SHALL BE LEGALLY CONDITIONALLY SEALED AFTER EIGHT YEARS UNLESS
A DETERMINATION IS MADE TO SEAL IT EARLIER SO LONG AS SUCH INDIVIDUAL IS
NOT NAMED AS THE SUBJECT OF THE REPORT IN ANY SUBSEQUENT INDICATED
REPORTS OF ABUSE OR MALTREATMENT. THE COURT SHALL ALSO INFORM THE
RESPONDENT that the existence of such [report] REPORTS WHICH ARE NOT
CONDITIONALLY SEALED may be made known to employers seeking to screen
employee applicants [in the field of child care, and] FOR POSITIONS
INVOLVING POTENTIAL CONTACT WITH CHILDREN, AND THAT CONDITIONALLY SEALED
REPORTS MAY BE AVAILABLE TO CHILD PROTECTIVE SERVICES AND LAW ENFORCE-
MENT CONDUCTING SUBSEQUENT INVESTIGATIONS, to [child care] AUTHORIZED
S. 6427--A 10
agencies if the respondent applies to become a foster parent [or], adop-
tive parent OR SEEKS CUSTODY OF OR VISITATION WITH A CHILD, OR FOR AN
ADDITIONAL FOUR YEARS AFTER THE RECORD HAS BEEN CONDITIONALLY SEALED, TO
HEAD START PROGRAMS WHICH ARE FUNDED PURSUANT TO TITLE V OF THE FEDERAL
ECONOMIC OPPORTUNITY ACT OF 1964, EARLY INTERVENTION SERVICES ESTAB-
LISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED FORTY OF THE PUBLIC
HEALTH LAW, PRESCHOOL SERVICES ESTABLISHED PURSUANT TO SECTION FORTY-
FOUR HUNDRED TEN OF THE EDUCATION LAW AND CHILD CARE PROVIDERS AS
DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, FOR
THE PURPOSES OF DETERMINING EMPLOYMENT.
Any finding upon such an admission or consent made without such notice
being given by the court shall be vacated upon motion of any party. In
no event shall a person other than the respondent, either in person or
in writing, make an admission or consent to a finding of neglect or
abuse.
§ 13. This act shall take effect immediately; provided, however that
section one of this act shall take effect on the ninetieth day after it
shall have become a law; provided, however, that sections six and eight
of this act shall take effect on the one hundred eightieth day after it
shall have become a law; and section seven of this act shall take effect
on the thirtieth day after it shall have become a law.
