Bill Text: NY A07348 | 2023-2024 | General Assembly | Introduced

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Bill Title: Updates the provisions providing notice to respondents in child abuse and neglect proceedings in family court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - RETURNED TO ASSEMBLY [A07348 Detail]

Download: New_York-2023-A07348-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7348

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 17, 2023
                                       ___________

        Introduced  by  M.  of  A. DICKENS -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families

        AN ACT to amend the family court act, in relation to  notices  given  to
          respondents in child abuse and neglect proceedings in family court

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (iii) of subdivision (f) of section 1051  of  the
     2  family  court  act,  as  added  by  chapter  430 of the laws of 1994, is
     3  amended to read as follows:
     4    (iii) that [the] any report made to  the  state  central  register  of
     5  child abuse and maltreatment [upon which the petition is based] of alle-
     6  gations  on  which  the  court  makes a finding of abuse or neglect will
     7  remain [on file] indicated in the register until  ten  years  after  the
     8  eighteenth  birthday  of  the youngest child named in such report unless
     9  such finding is vacated or dismissed, and that:
    10    (A) the respondent will be unable to  [obtain  expungement  of]  amend
    11  such report[,] in the state central register;
    12    (B)  if  the  court finding is for neglect, it shall be legally sealed
    13  eight years after the report was made unless it is sealed earlier in  an
    14  administrative proceeding; and [that]
    15    (C)  the existence of such report, which is not legally sealed, may be
    16  made known to employers seeking to screen employee or  volunteer  appli-
    17  cants  [in  the  field of child care] for positions where the individual
    18  has the potential for regular and substantial contact with children, and
    19  to child care agencies if the respondent  applies  to  become  a  foster
    20  parent or adoptive parent.
    21    §  2.  This  act  shall take effect on the sixtieth day after it shall
    22  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08956-01-3