NY State Senate Bill 2025-S899

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
Jan 08, 2025	referred to children and families

co-Sponsors

2025-S899 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S9042

2025-S899 (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.

2025-S899 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S899

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 illu-
minated 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)(1) 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(2).  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-cps-deemed-10-of-11-reports-about-thomas- valva-s-abuse-unfound-
ed
(2) Newsday, 2024. Retrieved by:
https://www.newsday.cominews/region-state/child-
protective-services-confidentiality-a3a2r3Ir
3 Suffolk County Supreme Court Special Grand Jury, September 2023-March
2024. CPL190.85 (1)(c)

2025-S899 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    899
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. MARTINEZ, MURRAY -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02774-01-5
 S. 899                              2
 
   (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
 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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Senate Bill S899

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2025-S899 (ACTIVE) - Details

2025-S899 (ACTIVE) - Summary

2025-S899 (ACTIVE) - Sponsor Memo

2025-S899 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S899

Share this bill

Sponsored By

Monica R. Martinez

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Dean Murray

2025-S899 (ACTIVE) - Details

2025-S899 (ACTIVE) - Summary

2025-S899 (ACTIVE) - Sponsor Memo

2025-S899 (ACTIVE) - Bill Text download pdf

Comments