Bill Text: NY S09042 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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 futherance of justice.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-04-11 - REFERRED TO CHILDREN AND FAMILIES [S09042 Detail]

Download: New_York-2023-S09042-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9042

                    IN SENATE

                                     April 11, 2024
                                       ___________

        Introduced  by Sen. MARTINEZ -- 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:

     1    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 and a new
     5  subparagraph (vi) is added to read as follows:
     6    (iv) to the subject of the report; [and]
     7    (v) to a district attorney, an assistant district attorney, an  inves-
     8  tigator  employed  in  the  office of a district attorney, or to a sworn
     9  officer of the division of state police, of  a  city,  county,  town  or
    10  village  police department or of a county sheriff's office (A) when such
    11  official [verifies] affirms under oath that the report is  necessary  to
    12  conduct  an active investigation or prosecution of a violation of subdi-
    13  vision four of section 240.50 of the penal law;  or  (B)  upon  a  court
    14  order  finding  that the information in such report is necessary for the
    15  purpose of prosecuting a violation of the  penal  law  or  is  otherwise
    16  necessary for the furtherance of justice; and
    17    (vi)  to a grand jury, upon a court order finding it necessary for the
    18  determination of charges being investigated by such grand jury or other-
    19  wise necessary for the furtherance of justice.
    20    § 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 read as follows:
    23    (b) Persons given access to unfounded reports pursuant to subparagraph
    24  (v) of paragraph (a) of  this  subdivision  shall  not  redisclose  such
    25  reports except as necessary to conduct such appropriate investigation or
    26  prosecution  and  shall  request  of  the  court that any copies of such
    27  reports produced in any court proceeding be redacted to remove the names

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15211-02-4
        S. 9042                             2

     1  of the subjects and other persons named in the reports or that the court
     2  issue an order protecting the names of the subjects  and  other  persons
     3  named  in the reports from public disclosure. The local child protective
     4  service  or state agency shall not indicate the subsequent report solely
     5  based upon the existence of  the  prior  unfounded  report  or  reports.
     6  Notwithstanding  section four hundred fifteen of this title, section one
     7  thousand forty-six of the family court act,  or,  except  as  set  forth
     8  herein,  any other provision of law to the contrary, an unfounded report
     9  shall not be admissible in any judicial or administrative proceeding  or
    10  action;  provided,  however,  an unfounded report may be introduced into
    11  evidence: (i) by the subject of the  report  where  such  subject  is  a
    12  respondent  in a proceeding under article ten of the family court act or
    13  is a plaintiff or petitioner in a civil action  or  proceeding  alleging
    14  the false reporting of child abuse or maltreatment; [or] (ii) in a crim-
    15  inal  court  for  the purpose of prosecuting a violation of [subdivision
    16  four of section 240.50 of] the penal law; or (iii) in a  grand  jury  or
    17  other  judicial  proceeding for the purpose of determining charges being
    18  investigated by such grand jury. Legally sealed unfounded reports  shall
    19  be expunged ten years after the receipt of the report.
    20    §  3.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.