Bill Text: NY A09987 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 9987

Introduced

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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-01 - referred to children and families [A09987 Detail]

Download: New_York-2023-A09987-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          9987

                   IN ASSEMBLY

                                       May 1, 2024
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred 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

        A. 9987                             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.