Bill Text: NY A02562 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to access to reports of child abuse and maltreatment by criminal justice agencies; requires the office of children and family services to establish a centralized database of reports of child abuse and maltreatment for criminal justice agencies to access in the performance of their duties; defines criminal justice agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A02562 Detail]
Download: New_York-2019-A02562-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2562--A 2019-2020 Regular Sessions IN ASSEMBLY January 23, 2019 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the social services law, in relation to access to reports of child abuse and maltreatment by criminal justice agencies; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (l) of paragraph (A) of subdivision 4 of 2 section 422 of the social services law is REPEALED. 3 § 2. Subdivision 4 of section 422 of the social services law is 4 amended by adding a new paragraph (A-1) to read as follows: 5 (A-1) (a) The office shall establish a centralized database for crimi- 6 nal justice agencies to access in the performance of their duties which 7 shall include all reports made pursuant to this title as well as any 8 other information obtained, reports written or photographs taken 9 concerning such reports in the possession of the office or local depart- 10 ments. The office shall maintain the format and content of such database 11 and shall provide a method for which such reports and other information 12 may be delivered to the office from local departments. 13 (b) For the purposes of this paragraph, "criminal justice agencies" 14 shall mean a district attorney, an assistant district attorney or an 15 investigator employed in the office of a district attorney; a sworn 16 officer of the division of state police, of the regional state park 17 police, of a county department of parks, of a city police department, or 18 of a county, town or village police department or county sheriff's 19 office or department; or an Indian police officer. 20 § 3. The second undesignated paragraph and the closing paragraph of 21 paragraph (A) and paragraphs (B), (C) and (D) of subdivision 4 of 22 section 422 of the social services law, the second undesignated para- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06531-03-9A. 2562--A 2 1 graph of paragraph (A) as amended by section 6 of part D of chapter 501 2 of the laws of 2012, the closing paragraph of paragraph (A) as added by 3 chapter 12 of the laws of 1996, and paragraphs (B), (C) and (D) as 4 amended by chapter 677 of the laws of 1985, are amended to read as 5 follows: 6 After a child, other than a child in residential care, who is reported 7 to the central register of abuse or maltreatment reaches the age of 8 eighteen years, access to a child's record under subparagraphs (a) and 9 (b) of this paragraph shall be permitted only if a sibling or off-spring 10 of such child is before such person and is a suspected victim of child 11 abuse or maltreatment. In addition, a person or official required to 12 make a report of suspected child abuse or maltreatment pursuant to 13 section four hundred thirteen of this [chapter] title shall receive, 14 upon request, the findings of an investigation made pursuant to this 15 title. However, no information may be released unless the person or 16 official's identity is confirmed by the office. If the request for such 17 information is made prior to the completion of an investigation of a 18 report, the released information shall be limited to whether the report 19 is "indicated", "unfounded" or "under investigation", whichever the case 20 may be. If the request for such information is made after the completion 21 of an investigation of a report, the released information shall be 22 limited to whether the report is "indicated" or "unfounded", whichever 23 the case may be. A person given access to the names or other information 24 identifying the subjects of the report, or other persons named in the 25 report, except the subject of the report or other persons named in the 26 report, shall not divulge or make public such identifying information 27 unless he or she is a district attorney or other law enforcement offi- 28 cial and the purpose is to initiate court action or the disclosure is 29 necessary in connection with the investigation or prosecution of the 30 subject of the report for a crime alleged to have been committed by the 31 subject against another person named in the report. Nothing in this 32 section shall be construed to permit any release, disclosure or iden- 33 tification of the names or identifying descriptions of persons who have 34 reported suspected child abuse or maltreatment to the statewide central 35 register or the agency, institution, organization, program or other 36 entity where such persons are employed or the agency, institution, 37 organization or program with which they are associated without such 38 persons' written permission except to persons, officials, and agencies 39 enumerated in subparagraphs (e), (f), (h), (j)[, (l), (m)] and (v) of 40 this paragraph. 41 To the extent that persons or agencies are given access and to infor- 42 mation pursuant to subparagraphs (a), (b), (c), (j), (k)[, (l),] and 43 (m)[, (o) and (q)] of this paragraph, such persons or agencies may give 44 and receive such information to each other in order to facilitate an 45 investigation conducted by such persons or agencies. 46 (B) Notwithstanding any inconsistent provision of law to the contrary, 47 a city or county social services commissioner may withhold, in whole or 48 in part, the release of any information which he or she is authorized to 49 make available to persons or agencies identified in subparagraphs (a), 50 (k), [(l),] (m), (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this 51 subdivision if such commissioner determines that such information is not 52 related to the purposes for which such information is requested or when 53 such disclosure will be detrimental to the child named in the report. 54 (C) A city or county social services commissioner who denies access by 55 persons or agencies identified in subparagraphs (a), (k), [(l),] (m), 56 (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this subdivision toA. 2562--A 3 1 records, reports or other information or parts thereof maintained by 2 such commissioner in accordance with this title shall, within ten days 3 from the date of receipt of the request fully explain in writing to the 4 person requesting the records, reports or other information the reasons 5 for the denial. 6 (D) A person or agency identified in subparagraphs (a), (k), [(l),] 7 (m), (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this subdivision 8 who is denied access to records, reports or other information or parts 9 thereof maintained by a local department pursuant to this title may 10 bring a proceeding for review of such denial pursuant to article seven- 11 ty-eight of the civil practice law and rules. 12 § 4. This act shall take effect on the ninetieth day after it shall 13 have become a law. Effective immediately the addition, amendment and/or 14 repeal of any rule or regulation necessary for the implementation of 15 this act on its effective date are authorized to be made and completed 16 on or before such effective date.
