Bill Text: NY S09045 | 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 violaton of the penal law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-11 - REFERRED TO CHILDREN AND FAMILIES [S09045 Detail]

Download: New_York-2023-S09045-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9045

                    IN SENATE

                                     April 11, 2024
                                       ___________

        Introduced  by  Sen.  MURRAY -- 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 that the report is  necessary  to  conduct  an  active
    12  investigation  or  prosecution  of  a  violation  of subdivision four of
    13  section 240.50 of the penal law[.] or (B) upon  a  court  order  finding
    14  that  justice  requires the information in such reports is necessary for
    15  the purpose of prosecuting a violation of the penal law; and
    16    (vi) to a grand jury, upon a court order finding that justice requires
    17  the information in such reports is necessary for  the  determination  of
    18  charges being investigated by such grand jury.
    19    §  2.  Paragraph  (b)  of  subdivision  5 of section 422 of the social
    20  services law, as amended by section 7 of part D of chapter  501  of  the
    21  laws of 2012, is amended to read as follows:
    22    (b) Persons given access to unfounded reports pursuant to subparagraph
    23  (v)  of  paragraph  (a)  of  this  subdivision shall not redisclose such
    24  reports except as necessary to conduct such appropriate investigation or
    25  prosecution and shall request of the  court  that  any  copies  of  such
    26  reports produced in any court proceeding be redacted to remove the names
    27  of the subjects and other persons named in the reports or that the court

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15198-01-4
        S. 9045                             2

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