Bill Text: NY A02321 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides that calls to hotlines operated by the office of children and family services are confidential; corrects cross references to penal law regarding filing a false report in the 3rd degree.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2014-05-28 - reported referred to codes [A02321 Detail]
Download: New_York-2013-A02321-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2321
2013-2014 Regular Sessions
I N A S S E M B L Y
January 14, 2013
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to the confiden-
tiality of calls to certain hotlines operated by the office of chil-
dren and family services and in relation to cross references to penal
law provisions on filing a false report in the third degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 372-g of the social services law,
2 as added by chapter 156 of the laws of 2000, is amended to read as
3 follows:
4 3. establishment of toll-free telephone hotlines to provide informa-
5 tion. ANY RECORDS THAT COULD IDENTIFY CALLERS TO ANY SUCH HOTLINE ARE
6 CONFIDENTIAL. SHOULD THE OFFICE MAINTAIN ANY RECORDS CONCERNING CALLS TO
7 ANY SUCH HOTLINE, INFORMATION CONCERNING THE CONTENT OF SUCH CALLS SHALL
8 ALSO BE CONFIDENTIAL AND SHALL NOT BE AVAILABLE EXCEPT IN ACCORDANCE
9 WITH A COURT ORDER WHERE THE COURT HAS MADE A FINDING THAT SUCH INFORMA-
10 TION IS NECESSARY FOR THE DETERMINATION OF AN ISSUE BEFORE THE COURT.
11 NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE OFFICE TO
12 MAINTAIN ANY RECORD OF ANY CALL TO ANY SUCH HOTLINE.
13 S 2. Subparagraphs (i) and (iv) of paragraph (c) of subdivision 3 of
14 section 390 of the social services law, subparagraph (i) as amended and
15 subparagraph (iv) as added by chapter 416 of the laws of 2000, are
16 amended to read as follows:
17 (i) The office of children and family services shall establish a toll-
18 free statewide telephone number to receive inquiries about child day
19 care homes, programs and facilities and complaints of violations of the
20 requirements of this section or regulations promulgated under this
21 section. ANY RECORDS THAT COULD IDENTIFY CALLERS COMPLAINING OF
22 VIOLATIONS SHALL BE CONFIDENTIAL. The office of children and family
23 services shall develop a system for investigation, which shall include
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04017-01-3
A. 2321 2
1 inspection, of such complaints. The office of children and family
2 services may provide for such investigations through purchase of
3 services. The office of children and family services shall develop a
4 process for publicizing such toll-free telephone number to the public
5 for making inquiries or complaints about child day care homes, programs
6 or facilities.
7 (iv) Nothing in this paragraph shall be construed to require or permit
8 the disclosure either orally or in writing of any information that is
9 confidential pursuant to law. THE OFFICE SHALL NOT DISCLOSE ANY RECORDS
10 THAT COULD IDENTIFY PERSONS WHO HAVE MADE COMPLAINTS TO THE TOLL-FREE
11 TELEPHONE NUMBER EXCEPT: WITH SUCH PERSON'S WRITTEN PERMISSION; TO AN
12 APPROPRIATE LAW ENFORCEMENT AGENCY WHERE SUCH AGENCY STATES IN WRITING
13 THAT SUCH INFORMATION IS NECESSARY TO CONDUCT A CRIMINAL INVESTIGATION
14 OR CRIMINAL PROSECUTION; OR IN ACCORDANCE WITH A COURT ORDER WHERE THE
15 COURT HAS MADE A FINDING THAT SUCH INFORMATION IS NECESSARY FOR THE
16 DETERMINATION OF AN ISSUE BEFORE THE COURT.
17 S 3. Paragraph (c) of subdivision 2 of section 422 of the social
18 services law, as added by chapter 717 of the laws of 1986, is amended to
19 read as follows:
20 (c) Whenever a telephone call to the statewide central register
21 described in this section is received by the [department] OFFICE OF
22 CHILDREN AND FAMILY SERVICES, and the [department] OFFICE finds that the
23 person allegedly responsible for abuse or maltreatment of a child cannot
24 be a subject of a report as defined in subdivision four of section four
25 hundred twelve of this chapter, but believes that the alleged acts or
26 circumstances against a child described in the telephone call may
27 constitute a crime or an immediate threat to the child's health or safe-
28 ty, the [department] OFFICE shall convey by the most expedient means
29 available the information contained in such telephone call to the appro-
30 priate law enforcement agency, district attorney or other public offi-
31 cial empowered to provide necessary aid or assistance. ANY RECORD OF ANY
32 SUCH TELEPHONE CALL SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED
33 EXCEPT AS PROVIDED IN THIS PARAGRAPH.
34 S 4. Subdivision 2 of section 422 of the social services law is
35 amended by adding a new paragraph (d) to read as follows:
36 (D) ANY RECORD MAINTAINED BY THE STATEWIDE CENTRAL REGISTER CONCERNING
37 A CALL TO THE STATEWIDE CENTRAL REGISTER THAT DOES NOT CONSTITUTE A
38 REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT FOR A REASON OTHER THAN
39 THAT SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL BE CONFIDEN-
40 TIAL AND SHALL BE AVAILABLE ONLY TO AN APPROPRIATE LAW ENFORCEMENT AGEN-
41 CY WHERE SUCH AGENCY STATES IN WRITING THAT SUCH INFORMATION IS NECES-
42 SARY TO CONDUCT A CRIMINAL INVESTIGATION OR CRIMINAL PROSECUTION, OR IN
43 ACCORDANCE WITH A COURT ORDER WHERE THE COURT HAS MADE A FINDING THAT
44 SUCH INFORMATION IS NECESSARY FOR THE DETERMINATION OF AN ISSUE BEFORE
45 THE COURT. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE THE
46 STATEWIDE CENTRAL REGISTER TO MAINTAIN ANY RECORD NOT OTHERWISE REQUIRED
47 BY LAW OF ANY CALL TO THE STATEWIDE CENTRAL REGISTER THAT DOES NOT
48 CONSTITUTE A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT.
49 S 5. Subdivision 4 of section 422 of the social services law, as
50 amended by chapter 677 of the laws of 1985, paragraph (A) as amended by
51 chapter 12 of the laws of 1996, subparagraph (k) of paragraph (A) as
52 amended by section 153 of subpart B of part C of chapter 62 of the laws
53 of 2011, subparagraph (1) of paragraph (A) as amended by chapter 35 of
54 the laws of 2001, subparagraphs (r) and (t) of paragraph (A) as amended
55 by chapter 41 of the laws of 2010, clause (ii) of subparagraph (v) of
56 paragraph (A) as amended and subparagraph (w) of paragraph (A) as added
A. 2321 3
1 by chapter 136 of the laws of 1999, subparagraph (x) of paragraph (A) as
2 amended by section 1 of part A of chapter 327 of the laws of 2007 and
3 subparagraphs (y) and (z) of paragraph (A) as amended and subparagraph
4 (aa) of paragraph (A) as added by chapter 440 of the laws of 2011, is
5 amended to read as follows:
6 4. (A) Reports made pursuant to this title [as well as] AND any other
7 information obtained, reports written or photographs taken concerning
8 such reports, AS WELL AS RECORDS PERTAINING TO TELEPHONE CALLS RECEIVED
9 PURSUANT TO THIS SECTION, in the possession of the [department] OFFICE
10 OF CHILDREN AND FAMILY SERVICES, local departments, or the commission on
11 quality of care [for the mentally disabled] AND ADVOCACY FOR PERSONS
12 WITH DISABILITIES, shall be confidential and shall only be made avail-
13 able to:
14 (a) a physician who has before him or her a child whom he or she
15 reasonably suspects may be abused or maltreated;
16 (b) a person authorized to place a child in protective custody when
17 such person has before him or her a child whom he or she reasonably
18 suspects may be abused or maltreated and such person requires the infor-
19 mation in the record to determine whether to place the child in protec-
20 tive custody;
21 (c) a duly authorized agency having the responsibility for the care or
22 supervision of a child who is reported to the central register of abuse
23 and maltreatment;
24 (d) any person who is the subject of the report or other persons named
25 in the report;
26 (e) a court, upon a finding that the information in the record is
27 necessary for the determination of an issue before the court;
28 (f) a grand jury, upon a finding that the information in the record is
29 necessary for the determination of charges before the grand jury;
30 (g) any appropriate state legislative committee responsible for child
31 protective legislation;
32 (h) any person engaged in a bona fide research purpose provided,
33 however, that no information identifying the subjects of the report or
34 other persons named in the report shall be made available to the
35 researcher unless it is absolutely essential to the research purpose and
36 the department gives prior approval;
37 (i) a provider agency as defined by subdivision three of section four
38 hundred twenty-four-a of this [chapter] TITLE, or a licensing agency as
39 defined by subdivision four of section four hundred twenty-four-a of
40 this [chapter] TITLE, subject to the provisions of such section;
41 (j) the state commission on quality of care for the mentally disabled
42 in connection with an investigation being conducted by the commission
43 pursuant to article forty-five of the mental hygiene law;
44 (k) a probation service conducting an investigation pursuant to arti-
45 cle three or seven or section six hundred fifty-three of the family
46 court act where there is reason to suspect the child or the child's
47 sibling may have been abused or maltreated and such child or sibling,
48 parent, guardian or other person legally responsible for the child is a
49 person named in an indicated report of child abuse or maltreatment and
50 that such information is necessary for the making of a determination or
51 recommendation to the court; or a probation service regarding a person
52 about whom it is conducting an investigation pursuant to article three
53 hundred ninety of the criminal procedure law, or a probation service or
54 the department of corrections and community supervision regarding a
55 person to whom the service or department is providing supervision pursu-
56 ant to article sixty of the penal law or article eight of the correction
A. 2321 4
1 law, where the subject of investigation or supervision has been
2 convicted of a felony under article one hundred twenty, one hundred
3 twenty-five or one hundred thirty-five of the penal law or any felony or
4 misdemeanor under article one hundred thirty, two hundred thirty-five,
5 two hundred forty-five, two hundred sixty or two hundred sixty-three of
6 the penal law, or has been indicted for any such felony and, as a
7 result, has been convicted of a crime under the penal law, where the
8 service or department requests the information upon a certification that
9 such information is necessary to conduct its investigation, that there
10 is reasonable cause to believe that the subject of an investigation is
11 the subject of an indicated report and that there is reasonable cause to
12 believe that such records are necessary to the investigation by the
13 probation service or the department, provided, however, that only indi-
14 cated reports shall be furnished pursuant to this subdivision;
15 (l) a district attorney, an assistant district attorney or investi-
16 gator employed in the office of a district attorney, a sworn officer of
17 the division of state police, of the regional state park police, of a
18 city police department, or of a county, town or village police depart-
19 ment or county sheriff's office or department when such official
20 requests such information stating that such information is necessary to
21 conduct a criminal investigation or criminal prosecution of a person,
22 that there is reasonable cause to believe that such person is the
23 subject of a report, and that it is reasonable to believe that due to
24 the nature of the crime under investigation or prosecution, such person
25 is the subject of a report, and that it is reasonable to believe that
26 due to that nature of the crime under investigation or prosecution, such
27 records may be related to the criminal investigation or prosecution;
28 (m) the New York city department of investigation provided however,
29 that no information identifying the subjects of the report or other
30 persons named in the report shall be made available to the department of
31 investigation unless such information is essential to an investigation
32 within the legal authority of the department of investigation and the
33 state department of social services gives prior approval;
34 (n) chief executive officers of authorized agencies, directors of day
35 care centers and directors of facilities operated or supervised by the
36 department of education, the [division for youth] OFFICE OF CHILDREN AND
37 FAMILY SERVICES, the office of mental health or the office [of mental
38 retardation and] FOR PEOPLE WITH developmental disabilities, in
39 connection with a disciplinary investigation, action, or administrative
40 or judicial proceeding instituted by any of such officers or directors
41 against an employee of any such agency, center or facility who is the
42 subject of an indicated report when the incident of abuse or maltreat-
43 ment contained in the report occurred in the agency, center, facility or
44 program, and the purpose of such proceeding is to determine whether the
45 employee should be retained or discharged; provided, however, a person
46 given access to information pursuant to this subparagraph [(n)] shall,
47 notwithstanding any inconsistent provision of law, be authorized to
48 redisclose such information only if the purpose of such redisclosure is
49 to initiate or present evidence in a disciplinary, administrative or
50 judicial proceeding concerning the continued employment or the terms of
51 employment of an employee of such agency, center or facility who has
52 been named as a subject of an indicated report and, in addition, a
53 person or agency given access to information pursuant to this subpara-
54 graph [(n)] shall also be given information not otherwise provided
55 concerning the subject of an indicated report where the commission of an
A. 2321 5
1 act or acts by such subject has been determined in proceedings pursuant
2 to article ten of the family court act to constitute abuse or neglect;
3 (o) a provider or coordinator of services to which a child protective
4 service or social services district has referred a child or a child's
5 family or to whom the child or the child's family have referred them-
6 selves at the request of the child protective service or social services
7 district, where said child is reported to the register when the records,
8 reports or other information are necessary to enable the provider or
9 coordinator to establish and implement a plan of service for the child
10 or the child's family, or to monitor the provision and coordination of
11 services and the circumstances of the child and the child's family, or
12 to directly provide services; provided, however, that a provider of
13 services may include appropriate health care or school district person-
14 nel, as such terms shall be defined by the department; provided however,
15 a provider or coordinator of services given access to information
16 concerning a child pursuant to this subparagraph [(o)] shall, notwith-
17 standing any inconsistent provision of law, be authorized to redisclose
18 such information to other persons or agencies which also provide
19 services to the child or the child's family only if the consolidated
20 services plan prepared and approved pursuant to section thirty-four-a of
21 this chapter describes the agreement that has been or will be reached
22 between the provider or coordinator of service and the local district.
23 An agreement entered into pursuant to this subparagraph shall include
24 the specific agencies and categories of individuals to whom redisclosure
25 by the provider or coordinator of services is authorized. Persons or
26 agencies given access to information pursuant to this subparagraph may
27 exchange such information in order to facilitate the provision or coor-
28 dination of services to the child or the child's family;
29 (p) a disinterested person making an investigation pursuant to section
30 one hundred sixteen of the domestic relations law, provided that such
31 disinterested person shall only make this information available to the
32 judge before whom the adoption proceeding is pending;
33 (q) a criminal justice agency conducting an investigation of a missing
34 child where there is reason to suspect such child or such child's
35 sibling, parent, guardian or other person legally responsible for such
36 child is a person named in an indicated report of child abuse or
37 maltreatment and that such information is needed to further such inves-
38 tigation;
39 (r) in relation to a report involving a child in residential care, the
40 director or operator of the residential facility or program and, as
41 appropriate, the local social services commissioner or school district
42 placing the child, the [division for youth] OFFICE OF CHILDREN AND FAMI-
43 LY SERVICES, the department of education, the commission on quality of
44 care for the mentally disabled, the office of mental health, the office
45 [of mental retardation and] FOR PEOPLE WITH developmental disabilities,
46 and any attorney appointed to represent the child whose appointment has
47 been continued by a family court judge during the term of the placement,
48 subject to the limitations contained in subdivisions nine and ten of
49 this section and subdivision five of section four hundred twenty-four-c
50 of this title;
51 (s) a child protective service of another state when such service
52 certifies that the records and reports are necessary in order to conduct
53 a child abuse or maltreatment investigation within its jurisdiction of
54 the subject of the report and shall be used only for purposes of
55 conducting such investigation and will not be redisclosed to any other
56 person or agency;
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1 (t) an attorney for a child, appointed pursuant to the provisions of
2 section one thousand sixteen of the family court act, at any time such
3 appointment is in effect, in relation to any report in which the
4 respondent in the proceeding in which the attorney for a child has been
5 appointed is the subject or another person named in the report, pursuant
6 to sections one thousand thirty-nine-a and one thousand fifty-two-a of
7 the family court act;
8 (u) a child care resource and referral program subject to the
9 provisions of subdivision six of section four hundred twenty-four-a of
10 this title;
11 (v)(i) officers and employees of the state comptroller or of the city
12 comptroller of the city of New York, or of the county officer designated
13 by law or charter to perform the auditing function in any county not
14 wholly contained within a city, for purposes of a duly authorized
15 performance audit, provided that such comptroller shall have certified
16 to the keeper of such records that he or she has instituted procedures
17 developed in consultation with the department to limit access to client-
18 identifiable information to persons requiring such information for
19 purposes of the audit and that appropriate controls and prohibitions are
20 imposed on the dissemination of client-identifiable information
21 contained in the conduct of the audit. Information pertaining to the
22 substance or content of any psychological, psychiatric, therapeutic,
23 clinical or medical reports, evaluations or like materials or informa-
24 tion pertaining to such child or the child's family shall not be made
25 available to such officers and employees unless disclosure of such
26 information is absolutely essential to the specific audit activity and
27 the department gives prior written approval.
28 (ii) any failure to maintain the confidentiality of client-identifia-
29 ble information shall subject such comptroller or officer to denial of
30 any further access to records until such time as the audit agency has
31 reviewed its procedures concerning controls and prohibitions imposed on
32 the dissemination of such information and has taken all reasonable and
33 appropriate steps to eliminate such lapses in maintaining confidentiali-
34 ty to the satisfaction of the office of children and family services.
35 The office of children and family services shall establish the grounds
36 for denial of access to records contained under this section and shall
37 recommend as necessary a plan of remediation to the audit agency.
38 Except as provided in this section, nothing in this subparagraph shall
39 be construed as limiting the powers of such comptroller or officer to
40 access records which he or she is otherwise authorized to audit or
41 obtain under any other applicable provision of law. Any person given
42 access to information pursuant to this subparagraph who releases data or
43 information to persons or agencies not authorized to receive such infor-
44 mation shall be guilty of a class A misdemeanor;
45 (w) members of a local or regional fatality review team approved by
46 the office of children and family services in accordance with section
47 four hundred twenty-two-b of this title;
48 (x) members of a local or regional multidisciplinary investigative
49 team as established pursuant to subdivision six of section four hundred
50 twenty-three of this title;
51 (y) members of a citizen review panel as established pursuant to
52 section three hundred seventy-one-b of this article; provided, however,
53 members of a citizen review panel shall not disclose to any person or
54 government official any identifying information which the panel has been
55 provided and shall not make public other information unless otherwise
56 authorized by statute;
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1 (z) an entity with appropriate legal authority in another state to
2 license, certify or otherwise approve prospective foster and adoptive
3 parents where disclosure of information regarding the prospective foster
4 or adoptive parents and other persons over the age of eighteen residing
5 in the home of such prospective parents is required by paragraph twenty
6 of subdivision (a) of section six hundred seventy-one of title forty-two
7 of the United States code; and
8 (aa) a social services official who is investigating whether an adult
9 is in need of a protective services in accordance with the provisions of
10 section four hundred seventy-three of this chapter, when such official
11 has reasonable cause to believe such adult may be in need of protective
12 services due to the conduct of an individual or individuals who had
13 access to such adult when such adult was a child and that such reports
14 and information are needed to further the present investigation.
15 After a child, other than a child in residential care, who is reported
16 to the central register of abuse or maltreatment reaches the age of
17 eighteen years, access to a child's record under subparagraphs (a) and
18 (b) of this paragraph shall be permitted only if a sibling or off-spring
19 of such child is before such person and is a suspected victim of child
20 abuse or maltreatment. In addition, a person or official required to
21 make a report of suspected child abuse or maltreatment pursuant to
22 section four hundred thirteen of this chapter shall receive, upon
23 request, the findings of an investigation made pursuant to this title or
24 section 45.07 of the mental hygiene law. However, no information may be
25 released unless the person or official's identity is confirmed by the
26 [department] OFFICE. If the request for such information is made prior
27 to the completion of an investigation of a report, the released informa-
28 tion shall be limited to whether the report is "indicated", "unfounded"
29 or "under investigation", whichever the case may be. If the request for
30 such information is made after the completion of an investigation of a
31 report, the released information shall be limited to whether the report
32 is "indicated" or "unfounded", whichever the case may be. A person given
33 access to the names or other information identifying the subjects of the
34 report, or other persons named in the report, except the subject of the
35 report or other persons named in the report, shall not divulge or make
36 public such identifying information unless he or she is a district
37 attorney or other law enforcement official and the purpose is to initi-
38 ate court action or the disclosure is necessary in connection with the
39 investigation or prosecution of the subject of the report for a crime
40 alleged to have been committed by the subject against another person
41 named in the report. Nothing in this section shall be construed to
42 permit any release, disclosure or identification of the names [or],
43 identifying descriptions, TELEPHONE NUMBERS OR OTHER CONTACT INFORMATION
44 of persons who have reported suspected child abuse or maltreatment to
45 the statewide central register or the agency, institution, organization,
46 program or other entity where such persons are employed or the agency,
47 institution, organization or program with which they are associated
48 without such persons' written permission except to persons, officials,
49 and agencies enumerated in subparagraphs (e), (f), (h), (j), (l), (m)
50 and (v) of this paragraph.
51 To the extent that persons or agencies are given access to information
52 pursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m)[,] AND (o)
53 [and (q)] of this paragraph, such persons or agencies may give and
54 receive such information to each other in order to facilitate an inves-
55 tigation conducted by such persons or agencies.
A. 2321 8
1 (B) Notwithstanding any inconsistent provision of law to the contrary,
2 a city or county social services commissioner may withhold, in whole or
3 in part, the release of any information which he or she is authorized to
4 make available to persons or agencies identified in subparagraphs (a),
5 (k), (l), (m), (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this
6 subdivision if such commissioner determines that such information is not
7 related to the purposes for which such information is requested or when
8 such disclosure will be detrimental to the child named in the report.
9 (C) A city or county social services commissioner who denies access by
10 persons or agencies identified in subparagraphs (a), (k), (l), (m),
11 (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this subdivision to
12 records, reports or other information or parts thereof maintained by
13 such commissioner in accordance with this title shall, within ten days
14 from the date of receipt of the request fully explain in writing to the
15 person requesting the records, reports or other information the reasons
16 for the denial.
17 (D) A person or agency identified in subparagraphs (a), (k), (l), (m),
18 (n)[,] AND (o)[, (p) and (q)] of paragraph (A) of this subdivision who
19 is denied access to records, reports or other information or parts ther-
20 eof maintained by a local department pursuant to this title may bring a
21 proceeding for review of such denial pursuant to article seventy-eight
22 of the civil practice law and rules.
23 S 6. Subparagraph (v) of paragraph (a), paragraphs (b) and (c) of
24 subdivision 5 and subdivision 14 of section 422 of the social services
25 law, subparagraph (v) of paragraph (a) and paragraph (b) of subdivision
26 5 as amended, and paragraph (c) of subdivision 5 as added by chapter 555
27 of the laws of 2000 and subdivision 14 as added by chapter 477 of the
28 laws of 1989, are amended to read as follows:
29 (v) to a district attorney, an assistant district attorney, an inves-
30 tigator employed in the office of a district attorney, or to a sworn
31 officer of the division of state police, of a city, county, town or
32 village police department or of a county sheriff's office when such
33 official verifies that the report is necessary to conduct an active
34 investigation or prosecution of a violation of subdivision [three] FOUR
35 of section [240.55] 240.50 of the penal law.
36 (b) Persons given access to unfounded reports pursuant to subparagraph
37 (v) of paragraph (a) of this subdivision shall not redisclose such
38 reports except as necessary to conduct such appropriate investigation or
39 prosecution and shall request of the court that any copies of such
40 reports produced in any court proceeding be redacted to remove the names
41 of the subjects and other persons named in the reports or that the court
42 issue an order protecting the names of the subjects and other persons
43 named in the reports from public disclosure. The local child protective
44 service or state agency shall not indicate the subsequent report solely
45 based upon the existence of the prior unfounded report or reports.
46 Notwithstanding section four hundred fifteen of this title, section one
47 thousand forty-six of the family court act, or, except as set forth
48 herein, any other provision of law to the contrary, an unfounded report
49 shall not be admissible in any judicial or administrative proceeding or
50 action; provided, however, an unfounded report may be introduced into
51 evidence: (i) by the subject of the report where such subject is a
52 respondent in a proceeding under article ten of the family court act or
53 is a plaintiff or petitioner in a civil action or proceeding alleging
54 the false reporting of child abuse or maltreatment; or (ii) in a crimi-
55 nal court for the purpose of prosecuting a violation of subdivision
56 [three] FOUR of section [240.55] 240.50 of the penal law. Legally sealed
A. 2321 9
1 unfounded reports shall be expunged ten years after the receipt of the
2 report. Whenever the office of children and family services determines
3 that there is some credible evidence of abuse or maltreatment as a
4 result of an investigation of a report conducted pursuant to subdivision
5 (c) of section 45.07 of the mental hygiene law, the office of children
6 and family services shall notify the commission on quality of care for
7 the mentally disabled.
8 (c) Notwithstanding any other provision of law, the office of children
9 and family services may, in its discretion, grant a request to expunge
10 an unfounded report where: (i) the source of the report was convicted of
11 a violation of subdivision [three] FOUR of section [240.55] 240.50 of
12 the penal law in regard to such report; or (ii) the subject of the
13 report presents clear and convincing evidence that affirmatively refutes
14 the allegation of abuse or maltreatment; provided however, that the
15 absence of credible evidence supporting the allegation of abuse or
16 maltreatment shall not be the sole basis to expunge the report. Nothing
17 in this paragraph shall require the office of children and family
18 services to hold an administrative hearing in deciding whether to
19 expunge a report. Such office shall make its determination upon review-
20 ing the written evidence submitted by the subject of the report and any
21 records or information obtained from the state or local agency which
22 investigated the allegations of abuse or maltreatment.
23 14. The department shall refer suspected cases of falsely reporting
24 child abuse and maltreatment in violation of subdivision [three] FOUR of
25 section [240.55] 240.50 of the penal law to the appropriate law enforce-
26 ment agency or district attorney.
27 S 7. Subdivision 8 of section 424 of the social services law, as added
28 by chapter 477 of the laws of 1989, is amended to read as follows:
29 8. refer suspected cases of falsely reporting child abuse and
30 maltreatment in violation of subdivision [three] FOUR of section
31 [240.55] 240.50 of the penal law to the appropriate law enforcement
32 agency or district attorney;
33 S 8. Subdivision 12 of section 422 of the social services law, as
34 added by chapter 1039 of the laws of 1973 and renumbered by chapter 676
35 of the laws of 1985, is amended to read as follows:
36 12. (A) Any person who willfully DISCLOSES, permits [and any person
37 who] THE DISCLOSURE OF, OR encourages the release of any data and infor-
38 mation contained in the central register to persons or agencies not
39 permitted by this title shall be guilty of a class A misdemeanor.
40 (B) ANY PERSON WHO WILLFULLY AND WRONGFULLY ACCESSES OR DISCLOSES
41 INFORMATION OR RECORDS THAT ARE CONFIDENTIAL UNDER THIS SECTION SHALL BE
42 GUILTY OF A CLASS A MISDEMEANOR.
43 S 9. This act shall take effect immediately; except that section eight
44 of this act shall take effect on the first of November next succeeding
45 the date on which it shall have become a law.
