Bill Text: NY A00163 | 2017-2018 | General Assembly | Introduced

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Bill Title: Grants local social services districts access to criminal history information when acting within the scope of their duties under the social services law or the family court act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to children and families [A00163 Detail]

Download: New_York-2017-A00163-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           163
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Children and Families
        AN  ACT  to  amend  the  executive  law  and the social services law, in
          relation to access  to  court  databases  for  local  social  services
          districts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
     2  rately amended by chapters 14 and 155 of the laws of 2012, is amended to
     3  read as follows:
     4    9. "Qualified agencies" means courts in the unified court system,  the
     5  administrative  board of the judicial conference, probation departments,
     6  sheriffs' offices, district attorneys' offices, the state department  of
     7  corrections  and  community supervision, the department of correction of
     8  any municipality, the financial frauds and consumer protection  unit  of
     9  the  state  department of financial services, the office of professional
    10  medical conduct of the state department of health for  the  purposes  of
    11  section  two hundred thirty of the public health law, the [child protec-
    12  tive services unit of a] local social services district when [conducting
    13  an investigation pursuant to subdivision six  of  section  four  hundred
    14  twenty-four  of  the social services law] acting within the scope of its
    15  duties pursuant to the social services law or the family court act,  the
    16  office  of Medicaid inspector general, the temporary state commission of
    17  investigation, police forces and departments having  responsibility  for
    18  enforcement  of  the  general  criminal  laws of the state, the Onondaga
    19  County Center for Forensic Sciences Laboratory when  acting  within  the
    20  scope  of  its  law  enforcement  duties  and  the  division of forensic
    21  services of the Nassau county  medical  examiner's  office  when  acting
    22  within the scope of its law enforcement duties.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02464-01-7
        A. 163                              2
     1    §  2.  Subdivision  6  of  section  398  of the social services law is
     2  amended by adding a new paragraph (q) to read as follows:
     3    (q)  Investigate  the criminal background of any person of or over the
     4  age of eighteen who resides or is proposed to reside with or in the same
     5  home as a child who is the subject of a  court  proceeding  pursuant  to
     6  article  three, six, seven, ten, ten-A or ten-C of the family court act.
     7  For the purpose of these investigations, and subject to  the  rules  and
     8  regulations  of  the division of criminal justice services, local social
     9  services districts may, acting through persons  specifically  designated
    10  by  the  commissioner  of the local social services district, access and
    11  receive records maintained by the division of criminal justice  services
    12  pursuant to subdivision six of section eight hundred thirty-seven of the
    13  executive law.
    14    §  3.  Paragraph  (b)  of  subdivision  6 of section 424 of the social
    15  services law, as amended by chapter 602 of the laws of 2008, is  amended
    16  to read as follows:
    17    (b)  subject  to  rules  and  regulations  of the division of criminal
    18  justice services, a manager of the child protective services unit, or  a
    19  person with law enforcement background who is specifically designated by
    20  the commissioner of the local social services district for this purpose,
    21  shall  have  access  to  [conviction]  records  maintained  by state law
    22  enforcement agencies pertaining to persons of or over the age  of  eigh-
    23  teen  years who (1) are currently residing in the residence of any child
    24  who is alleged to be  or  suspected  of  being  abused,  maltreated,  or
    25  neglected  or  who is proposed to live with such child, or (2) are named
    26  in any report of suspected or  alleged  child  abuse,  maltreatment,  or
    27  neglect; provided that nothing in this subdivision shall be construed to
    28  contradict  or modify section one thousand forty-six of the family court
    29  act. Any criminal history record provided by the  division  of  criminal
    30  justice  services,  and  any  summary  of  the  criminal  history record
    31  provided by the office of children and  family  services  to  the  child
    32  protective services unit of a local social services district pursuant to
    33  this  subdivision,  shall  be  kept  confidential  and shall not be made
    34  available for public inspection.  Child protective services units  shall
    35  not  indicate  a  report solely based upon the existence of a conviction
    36  record;
    37    § 4. This act shall take effect immediately.