S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2512
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 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.
              

                                                            LBD01507-01-1

 A. 2512                             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 (c) of subdivision 6  of  section  424  of  the  social
 services  law, as amended by chapter 281 of the laws of 2017, is amended
 to read as follows:
   (c) 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 enforce-
 ment agencies pertaining to persons of or over the age of eighteen 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 crim-
 inal  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.