AMEDORE, FAHY BILL TO AID LAW ENFORCEMENT AGENCIES INVESTIGATING MISSING CHILDREN SIGNED INTO LAW

Senator George Amedore and Assemblywoman Patricia Fahy, along with Albany County Sheriff Craig Apple today announced Governor Cuomo has signed their legislation (S.3520A/A.5803), which was passed earlier this year in response to the tragic Kenneth White case in Knox. The new law will expedite access to child abuse and maltreatment records when law enforcement agencies are involved in a missing child case.

“When a child is missing, every second counts, and we need to make sure law enforcement has access to every resource at their disposal” said Senator George Amedore. “This new law fixes a flaw and removes the questions of when it’s appropriate to release CPS records to law enforcement during a criminal investigation. It’s been nearly a year since the Kenneth White case shook Albany County. This legislation unfortunately would not have changed the outcome of this horrible tragedy, but it could help change the outcome for another child in the future. I can think of no better way  to pay tribute to Kenneth White, a young life taken much too soon.”

"Minutes matter when a child goes missing, and this law will prevent future delays with law enforcement access to relevant records. I thank Sheriff Apple for his cooperation in making this a reality, along with Senator Amedore and other legislative colleagues. The bill passed overwhelmingly in both chambers and I am appreciative to see that the Governor recognizes the importance of this law by signing it into law," said Assemblymember Fahy.

“I applaud the Senator and the Assemblywoman for recognizing the importance of aiding law enforcement in obtaining vital information that could assist in locating a missing or abducted child. In these types of cases, seconds matter. This new law will allow for child protective agencies and law enforcement to share information which is paramount, and I’m so glad to see this new law enacted in memory of Kenneth White,” said Albany County Sheriff Craig D. Apple, Sr.

In December 2014, five year old Kenneth White was reported missing by his older cousin who was watching him at the time. She claimed two masked men entered the house where Kenneth and his two siblings lived with their custodial aunt, and abducted the boy.

When the Albany County Sheriff’s Office contacted CPS to request access to Kenneth’s records, they were denied. Tragically, Kenneth White was found dead later that night and his cousin, who had originally reported him missing, has been charged with his murder. After a review of the case, it was determined that the records should have been turned over when requested.

This legislation clarifies existing law and parameters for when CPS records should be turned over to law enforcement:

> When law enforcement is investigating a missing child; and

> There is reason to believe a family member or guardian is named in a report of child abuse or maltreatment, then

> CPS can release the records to expedite an investigation.

The new law will take effect in 60 days.

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