S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10007
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in relation to the unsealing of
   unfounded  child  abuse  and  maltreatment  reports in certain circum-
   stances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subparagraphs (iv) and (v) of paragraph (a) of subdivision
 5 of section 422 of  the  social  services  law,  subparagraph  (iv)  as
 amended  by  chapter  555  of  the  laws of 2000 and subparagraph (v) as
 amended by chapter 256 of the laws  of  2014,  are  amended  and  a  new
 subparagraph (vi) is added to read as follows:
   (iv) to the subject of the report; [and]
   (v)  to a district attorney, an assistant district attorney, an inves-
 tigator employed in the office of a district attorney,  or  to  a  sworn
 officer  of  the  division  of  state police, of a city, county, town or
 village police department or of a county sheriff's office (A) when  such
 official  [verifies]  AFFIRMS UNDER OATH that the report is necessary to
 conduct an active investigation or prosecution of a violation of  subdi-
 vision  four  of  section  240.50  of the penal law; OR (B) UPON A COURT
 ORDER FINDING THAT THE INFORMATION IN SUCH REPORT IS NECESSARY  FOR  THE
 PURPOSE  OF  PROSECUTING  A  VIOLATION  OF THE PENAL LAW OR IS OTHERWISE
 NECESSARY FOR THE FURTHERANCE OF JUSTICE; AND
   (VI) TO A GRAND JURY, UPON A COURT ORDER FINDING IT NECESSARY FOR  THE
 DETERMINATION OF CHARGES BEING INVESTIGATED BY SUCH GRAND JURY OR OTHER-
 WISE NECESSARY FOR THE FURTHERANCE OF JUSTICE.
   §  2.  Paragraph  (b)  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:
   (b) Persons given access to unfounded reports pursuant to subparagraph
 (v)  of  paragraph  (a)  of  this  subdivision shall not redisclose such
 reports except as necessary to conduct such appropriate investigation or
 prosecution and shall request of the  court  that  any  copies  of  such
 reports produced in any court proceeding be redacted to remove the names
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15211-02-4
 A. 10007                            2
 
 of the subjects and other persons named in the reports or that the court
 issue  an  order  protecting the names of the subjects and other persons
 named in the reports from public disclosure. The local child  protective
 service  or state agency shall not indicate the subsequent report solely
 based upon the existence of  the  prior  unfounded  report  or  reports.
 Notwithstanding  section four hundred fifteen of this title, section one
 thousand forty-six of the family court act,  or,  except  as  set  forth
 herein,  any other provision of law to the contrary, an unfounded report
 shall not be admissible in any judicial or administrative proceeding  or
 action;  provided,  however,  an unfounded report may be introduced into
 evidence: (i) by the subject of the  report  where  such  subject  is  a
 respondent  in a proceeding under article ten of the family court act or
 is a plaintiff or petitioner in a civil action  or  proceeding  alleging
 the false reporting of child abuse or maltreatment; [or] (ii) in a crim-
 inal  court  for  the purpose of prosecuting a violation of [subdivision
 four of section 240.50 of] the penal law; OR (III) IN A  GRAND  JURY  OR
 OTHER  JUDICIAL  PROCEEDING FOR THE PURPOSE OF DETERMINING CHARGES BEING
 INVESTIGATED BY SUCH GRAND JURY. Legally sealed unfounded reports  shall
 be expunged ten years after the receipt of the report.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.