Removes certain restrictions on the release of unfounded reports of alleged abuse or maltreatment reports for persons engaged in a bona fide research purpose.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9280
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the social services law, in relation to removing
research restrictions from certain unfounded reports of alleged abuse or
maltreatment
PURPOSE OR GENERAL IDEA OF BILL::
This bill amends the social services law to allow individuals conducting
research to access CPS reports of alleged abuse or maltreatment.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1 of the bill amends subparagraphs (iv) and (v) of paragraph
(a) of subdivision 5 of section 422 of the social services law, subpara-
graph (iv) as amended by chapter 555 of the laws of 2000, and subpara-
graph (v) as amended by chapter 256 of the laws of 2014 and adds a new
subparagraph (vi). This amendment allows individuals conducting research
to access CPS case data on unsubstantiated cases.
Section 2 of the bill amends subparagraph (vii) of paragraph (d) of
Subdivision 5 of section 427-a of the social services law, as amended by
chapter 377 of the laws of 2011 and adds a new subparagraph (vii). This
amendment allows individuals conducting research to access CPS case data
on Family Assessment Response (FAR) cases.
Section 3 of the bill establishes the effective date.
JUSTIFICATION::
Under current statute, New York draws a distinction between founded and
unfounded cases in allowing individuals to request case information for
bona fide research purposes. Based on a review of other state statutes
limiting the release of child welfare records for research purposes, New
York is unique in distinguishing between founded and unfounded cases
(see, e.g., MCLA Sec. 711.627 (Michigan), CA Self & Inst. Code Sec.
10850 (California), OAC Sec. 5180:2-3321
(Ohio), NJSA Sec. 9:6-8.10a (New Jersey), YAMS Sec. 210.150
(Misiouri)).
This bill allows researchers to analyze departmental case data more
comprehensively, while maintaining the privacy of subjects in unfounded
or unsubstantiated cases and FAR cases.
Current law lists five scenarios under which unfounded or unsubstanti-
ated case data may be accessed, but research is not one of them. The
bill establishes "bona fide research purposes" as the sixth scenario.
For privacy reasons, the bill guarantees that personal identifying
information will be redacted unless it is absolutely essential to the
research purpose and the department gives prior approval.
Current law lists seven scenarios under which FAR case data may be
accessed, but research is not one of them. The bill, as with unsubstan-
tiated or unfounded cases, establishes "bona fide research purposes" as
an additional qualifying scenario and creates privacy restrictions.
Within just the last two years, governmental and non-governmental organ-
izations have repeatedly encountered issues when requesting this data,
significantly impacting their ability to generate research which accu-
rately reflected the original goals of the projects. For example, 1) the
NYC Center for Innovation Through Design sought this information to
model potential policy shifts that could protect against ACS contact,
but were unable to access information which may have contained negative,
needless ACS interactions; 2) The NYC Family Policy Project's participa-
tory action research study with CUNY
(approved by both the city and state) needed to use a workaround which
changed the study design because they could not access relevant case
data; and 3) The YouthNPower guaranteed income research team had wanted
to be able to report on all ACS contact that study participants and the
control group had during the study year, but were not able to get a
count that included all unfounded cases and CARES cases.
This bill will remove a needless research restriction, protect the
privacy of case subjects, and better allow governmental and non-govern-
mental organizations to conduct research and develop policy proposals
which will keep children and families safe.
PRIOR LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This bill shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
9280
2025-2026 Regular Sessions
IN ASSEMBLY
November 21, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to removing
research restrictions from certain unfounded reports of alleged abuse
or maltreatment
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 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[.]; and
14 (vi) to any person engaged in a bona fide research purpose, provided,
15 however, that no information identifying the subjects of the report and
16 other persons named in the report shall be made available to the
17 researcher unless it is absolutely essential to the research purpose and
18 the department gives prior approval.
19 § 2. Subparagraph (vii) of paragraph (d) of subdivision 5 of section
20 427-a of the social services law, as amended by chapter 377 of the laws
21 of 2011, is amended and a new subparagraph (viii) is added to read as
22 follows:
23 (vii) the subject of the report included in the records of the family
24 assessment and services track[.]; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14039-02-5
A. 9280 2
1 (viii) any person engaged in a bona fide research purpose, provided,
2 however, that no information identifying the subjects of the report and
3 other persons named in the report and records created shall be made
4 available to the researcher unless it is absolutely essential to the
5 research purpose and the department gives prior approval.
6 § 3. This act shall take effect on the thirtieth day after it shall
7 have become a law.
