S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9987
 
                           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  that  the  report  is necessary to conduct an active
 investigation or prosecution of  a  violation  of  subdivision  four  of
 section  240.50  of  the  penal law[.] OR (B) UPON A COURT ORDER FINDING
 THAT JUSTICE REQUIRES THE INFORMATION IN SUCH REPORTS IS  NECESSARY  FOR
 THE PURPOSE OF PROSECUTING A VIOLATION OF THE PENAL LAW; AND
   (VI) TO A GRAND JURY, UPON A COURT ORDER FINDING THAT JUSTICE REQUIRES
 THE  INFORMATION  IN  SUCH REPORTS IS NECESSARY FOR THE DETERMINATION OF
 CHARGES BEING INVESTIGATED BY SUCH GRAND JURY.
   § 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
 of the subjects and other persons named in the reports or that the court
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15198-01-4
 A. 9987                             2
 
 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.