Bill Text: NY S04155 | 2017-2018 | General Assembly | Introduced

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Bill Title: Grants local social services districts access to criminal history information when acting within the scope of their duties under the social services law or the family court act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S04155 Detail]

Download: New_York-2017-S04155-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4155
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 3, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the executive  law  and  the  social  services  law,  in
          relation  to  access  to  court  databases  for  local social services
          districts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
     2  rately amended by chapters 14 and 155 of the laws of 2012, is amended to
     3  read as follows:
     4    9.  "Qualified agencies" means courts in the unified court system, the
     5  administrative board of the judicial conference, probation  departments,
     6  sheriffs'  offices, district attorneys' offices, the state department of
     7  corrections and community supervision, the department of  correction  of
     8  any  municipality,  the financial frauds and consumer protection unit of
     9  the state department of financial services, the office  of  professional
    10  medical  conduct  of  the state department of health for the purposes of
    11  section two hundred thirty of the public health law, the [child  protec-
    12  tive services unit of a] local social services district when [conducting
    13  an  investigation  pursuant  to  subdivision six of section four hundred
    14  twenty-four of the social services law] acting within the scope  of  its
    15  duties  pursuant to the social services law or the family court act, the
    16  office of Medicaid inspector general, the temporary state commission  of
    17  investigation,  police  forces and departments having responsibility for
    18  enforcement of the general criminal laws  of  the  state,  the  Onondaga
    19  County  Center  for  Forensic Sciences Laboratory when acting within the
    20  scope of its  law  enforcement  duties  and  the  division  of  forensic
    21  services  of  the  Nassau  county  medical examiner's office when acting
    22  within the scope of its law enforcement duties.
    23    § 2. Subdivision 6 of section  398  of  the  social  services  law  is
    24  amended by adding a new paragraph (q) to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02464-01-7
        S. 4155                             2
     1    (q)  Investigate  the criminal background of any person of or over the
     2  age of eighteen who resides or is proposed to reside with or in the same
     3  home as a child who is the subject of a  court  proceeding  pursuant  to
     4  article  three, six, seven, ten, ten-A or ten-C of the family court act.
     5  For  the  purpose  of these investigations, and subject to the rules and
     6  regulations of the division of criminal justice services,  local  social
     7  services  districts  may, acting through persons specifically designated
     8  by the commissioner of the local social services  district,  access  and
     9  receive  records maintained by the division of criminal justice services
    10  pursuant to subdivision six of section eight hundred thirty-seven of the
    11  executive law.
    12    § 3. Paragraph (b) of subdivision 6  of  section  424  of  the  social
    13  services  law, as amended by chapter 602 of the laws of 2008, is amended
    14  to read as follows:
    15    (b) subject to rules and  regulations  of  the  division  of  criminal
    16  justice  services, a manager of the child protective services unit, or a
    17  person with law enforcement background who is specifically designated by
    18  the commissioner of the local social services district for this purpose,
    19  shall have access  to  [conviction]  records  maintained  by  state  law
    20  enforcement  agencies  pertaining to persons of or over the age of eigh-
    21  teen years who (1) are currently residing in the residence of any  child
    22  who  is  alleged  to  be  or  suspected  of being abused, maltreated, or
    23  neglected or who is proposed to live with such child, or (2)  are  named
    24  in  any  report  of  suspected  or alleged child abuse, maltreatment, or
    25  neglect; provided that nothing in this subdivision shall be construed to
    26  contradict or modify section one thousand forty-six of the family  court
    27  act.  Any  criminal  history record provided by the division of criminal
    28  justice services,  and  any  summary  of  the  criminal  history  record
    29  provided  by  the  office  of  children and family services to the child
    30  protective services unit of a local social services district pursuant to
    31  this subdivision, shall be kept  confidential  and  shall  not  be  made
    32  available  for public inspection.  Child protective services units shall
    33  not indicate a report solely based upon the existence  of  a  conviction
    34  record;
    35    § 4. This act shall take effect immediately.