Bill Text: NY S09189 | 2021-2022 | General Assembly | Introduced

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Bill Title: Extends the amount of time before reports to the statewide central register regarding child abuse and maltreatment can be expunged from ten years to fifteen years after the eighteenth birthday of the youngest child named in the report.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-12 - REFERRED TO CHILDREN AND FAMILIES [S09189 Detail]

Download: New_York-2021-S09189-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9189

                    IN SENATE

                                      May 12, 2022
                                       ___________

        Introduced  by  Sen. MANNION -- 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  extending  the
          amount  of time before certain reports to the statewide central regis-
          ter regarding abuse and maltreatment are expunged

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 6 of section 422 of the social services law, as
     2  amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
     3  follows:
     4    6. In all other cases, the record  of  the  report  to  the  statewide
     5  central  register  shall be expunged [ten] fifteen years after the eigh-
     6  teenth birthday of the youngest child named in the report. In  the  case
     7  of a child in residential care the record of the report to the statewide
     8  central  register  shall  be  expunged  [ten]  fifteen  years  after the
     9  reported child's eighteenth birthday. In any case and at any  time,  the
    10  commissioner of the office of children and family services may amend any
    11  record  upon  good  cause shown and notice to the subjects of the report
    12  and other persons named in the  report.  Provided  however,  any  report
    13  indicated  for  maltreatment based solely on the purchase, possession or
    14  consumption of cannabis, without a showing that  the  child's  physical,
    15  mental  or emotional condition was impaired or was in imminent danger of
    16  becoming impaired in accordance with the definition of  child  maltreat-
    17  ment  as  provided  for  in section four hundred twelve of this title is
    18  established by a fair preponderance of the evidence shall immediately be
    19  sealed upon a request pursuant to subdivision eight of this  section  or
    20  section four hundred twenty-four-a of this title.
    21    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14258-02-2