NY State Senate Bill 2023-S9042

Senate Bill S9042

2023-2024 Legislative Session

Relates to unsealing unfounded child abuse and maltreatment reports in certain circumstances

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Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 11, 2024	referred to children and families

co-Sponsors

2023-S9042 (ACTIVE) - Details

See Assembly Version of this Bill:: A10007
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L

2023-S9042 (ACTIVE) - Summary

Relates to unsealing unfounded child abuse and maltreatment reports upon a court order finding that justice requires the information in such reports is necessary for the determination of charges being investigated by a grand jury or for the purposes of prosecuting a violation of the penal law or otherwise necessary for the furtherance of justice.

2023-S9042 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9042

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the social services law, in relation to the unsealing of
unfounded child abuse and maltreatment reports in certain circumstances

 
PURPOSE:

This legislation will enable the unsealing of unfounded child abuse and
maltreatment reports to a district attorney upon a court order for the
purpose of prosecuting a violation of the penal law or grand jury upon a
court order finding it necessary to determine charges being investigated
for the furtherance of justice.

 
SUMMARY OF PROVISIONS:

Section 1. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 2
5 of section 422 of the social services law, subparagraph (iv) as 3
amended by chapter 555 of the laws of 2000 and subparagraph (v) as 4
amended by chapter 256 of the laws of 2014, are amended to require a

district attorney to affirm under oath an unfounded report is necessary
for the purpose of prosecuting a violation of the penal law or is other-
wise necessary for the furtherance of justice and a new 5 subparagraph
(vi) is added to permit the unsealing of an unfounded report to a grand
jury upon a court order finding it necessary for the determination of
charges being investigated by such grand jury or otherwise necessary for
the furtherance of justice.

Section 2. § 2. Paragraph (b) of subdivision 5 of section 422 of the
social 21 services law, as amended by section 7 of part D of chapter 501
of the 22 laws of 2012, is amended to permit the submission of an
unfounded report into evidence in a grand jury or other judicial
proceeding for the purpose of determining charges being investigated by
such grand jury.

Section 3. Establishes the enacting clause.

 
JUSTIFICATION:

The tragic death of Thomas Valva, an 8-year-old boy who succumbed to
hypothermia in 2020 in Suffolk County after repeated abuse and neglect
by his father, has illuminated the undeniable and urgent call to amend
our social services law to protect the lives of children.

Suffolk County Child Protective Services (CPS) classified ten out of
eleven reports of maltreatment and child abuse filed by mandated repor-
ters as unfounded.' Current law prohibits unfounded cases from being
submitted into evidence except for prosecuting penal law violation
240.50. The historical and intended purpose of this stringent statute
has been to mitigate false allegations and protect confidentiality. The
unintended consequence of such is the ability of CPS to bury and seal
reports that have been mishandled.

In the case of Thomas Valva, the grand jury's ability to make a compre-
hensive determination was drastically hindered by the inability to
retrieve and submit into evidence sealed unfounded reports'. As a
result, the Suffolk County Grand Jury Report CPL 190.85 (1)(c) under-
scored recommendations that would provide district attorneys and grand
juries with access to unfounded reports upon a court order determining
such is necessary for the prosecution of a violation of the penal law or
to determine charges being investigated by such grand jury.3

This legislation presents a balance between maintaining confidentiality
and ensuring agency accountability. It is a vital amendment that will
undoubtedly aid in deterring future instances of unjust behavior.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Newsbreak, 2024.  Retrieved from:
https://www.newsbreak.cominews/3391952692795-da-suffolk-cpsdeem
ed-10-of-11-reports-a bout-thomas-valva-s-abuse-unfounded
2 Newsday, 2024. Retrieved by:  https://www.newsday.cominews/region-
state/child-protective-servicesconfi dentiality-a3a2r3Ir
3 Suffolk County Supreme Court Special Grand Jury, September 2023-March
2024. CPL190.85 (1)(c )

2023-S9042 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9042
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed 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
 S. 9042                             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.

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tricia003

7 months ago

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Senate Bill S9042

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Sponsored By

Monica R. Martinez