S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4045
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to amend the family court act, in relation to findings in child
   abuse or neglect proceedings in family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph 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:
   Prior to accepting an admission  to  an  allegation  or  permitting  a
 respondent  to consent to a finding of neglect or abuse, the court shall
 inform the respondent that such an admission or consent will  result  in
 the  court  making a fact-finding order of neglect or abuse, as the case
 may be, and shall further inform the  respondent  IN  SUBSTANTIALLY  THE
 FOLLOWING  TERMS  of the potential consequences of such order, including
 but not limited to the following:
   § 2. Paragraph (iii) of subdivision (f) of section 1051 of the  family
 court  act, as amended by a chapter of the  laws  of  2024  amending the
 family court act relating to notices given to respondents in child abuse
 and neglect proceedings in family  court,  as  proposed  in  legislative
 bills numbers S. 9745 and A. 7348, is amended to read as follows:
   (iii)  that  any  report  made  to the state central register of child
 abuse and maltreatment of allegations on which the court makes a finding
 of abuse or neglect will remain indicated  in  the  register  until  ten
 years  after the eighteenth birthday of the youngest child named in such
 report unless such finding is vacated or dismissed, and that:
   (A) the respondent will be unable to amend such report  in  the  state
 central register; AND
   (B)  [if  the court finding is for neglect, it shall be legally sealed
 eight years after the report was made unless it is sealed earlier in  an
 administrative proceeding; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02699-01-5
              

 A. 4045                             2

   (C)]  the existence of such report[, which is not legally sealed,] may
 be made known to employers [seeking]  REQUIRED  to  screen  employee  or
 volunteer  applicants  for positions where the individual has the poten-
 tial for regular and substantial contact with  children,  and  to  child
 care  agencies  if  the  respondent applies to become a foster parent or
 adoptive parent UNLESS:
   (1) THE COURT FINDING IS FOR NEGLECT AND THE REPORT IS EIGHT  OR  MORE
 YEARS OLD; OR
   (2)  THE REPORT WAS DETERMINED NOT TO BE RELEVANT TO POSITIONS INVOLV-
 ING CONTACT WITH CHILDREN IN AN EARLIER ADMINISTRATIVE PROCEEDING.
   § 3. This act shall take shall take effect on the same date and in the
 same manner as a chapter of the laws of 2024 amending the  family  court
 act  relating to notices given to respondents in child abuse and neglect
 proceedings in family court, as proposed in legislative bills numbers S.
 9745 and A. 7348, takes effect.