NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9166
SPONSOR: Fahy
 
TITLE OF BILL:
An act to amend the social services law, in relation to the statewide
central register of child abuse and maltreatment; and to repeal certain
provisions of such law relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To clarify the statute providing law enforcement entities with access to
child protective records.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one would repeal the definition of criminal justice agency added
by chapter 436 of 2015.
Section two would define criminal justice agency for the purposes of
section 422 of the Social Services Law; would lower the threshold for
receiving records by providing them upon the criminal justice agency's
statement that: they suspect a child's parent, guardian or other person
legally responsible may be, rather than is, the subject of a report, or
the child or child's sibling may be, rather than is, another person
named in a report, and such information may be needed to further the
investigation.
This section would also repeal the option for OCFS review of a local
district decision not to provide such records.
Section three would repeal a provision relating to OCFS review of a
local district decision not to provide such records.
Section four provides that the act shall take effect on the same date as
that of Chapter 436 of the laws of 2015.
 
JUSTIFICATION:
Time is of the essence when a child goes missing. Law enforcement must
be equipped to act immediately to locate that child by all appropriate
means. Sometimes, this includes accessing certain child protective
records maintained by local social services departments that may shed
light on events related to the disappearance of the child. Current law
does provide access to such records in the case of missing children
however such statute is not interpreted the same way throughout the
state. Discrepancies can cause confusion regarding when it is appropri-
ate to release records to law enforcement thereby creating unnecessary
delays. In such a crisis situation, it is vital that the law is clearly
understood and applied.
This bill would seek to remedy this by simplifying the process for crim-
inal justice agencies to receive child abuse and neglect records from
local social services districts. The bill would allow criminal justice
agencies to request such records in the case of a missing child and
state that there is reason to believe certain family members may be the
subject of a report of child abuse or maltreatment. These provisions
will make access to such records quicker and more efficient.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 436 of the Laws of 2015.
STATE OF NEW YORK
________________________________________________________________________
9166
IN ASSEMBLY
February 1, 2016
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to the statewide
central register of child abuse and maltreatment; and to repeal
certain provisions of such law relating thereto
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 412 of the social services law, as
2 added by a chapter of the laws of 2015 amending the social services law
3 relating to the statewide central register of child abuse and maltreat-
4 ment, as proposed in legislative bills numbers S.3520-A and A.5803, is
5 REPEALED.
6 § 2. Subparagraph (1) of paragraph (A) of subdivision 4 of section 422
7 of the social services law, as amended by a chapter of the laws of 2015
8 amending the social services law relating to the statewide central
9 register of child abuse and maltreatment, as proposed in legislative
10 bills numbers S.3520-A and A.5803, is amended to read as follows:
11 (l) a criminal justice agency, which for the purposes of this subdivi-
12 sion shall mean a district attorney, an assistant district attorney or
13 an investigator employed in the office of a district attorney; a sworn
14 officer of the division of state police, of the regional state park
15 police, of a county department of parks, of a city police department, or
16 of a county, town or village police department or county sheriff's
17 office or department; or an Indian police officer, when:
18 (i) such criminal justice agency requests such information stating
19 that such information is necessary to conduct a criminal investigation
20 or criminal prosecution of a person, that there is reasonable cause to
21 believe that such person is the subject of a report, and that it is
22 reasonable to believe that due to the nature of the crime under investi-
23 gation or prosecution, such person is the subject of a report, and that
24 it is reasonable to believe that due to that nature of the crime under
25 investigation or prosecution, such records may be related to the crimi-
26 nal investigation or prosecution; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09078-06-6
A. 9166 2
1 (ii) such criminal justice agency requests such information stating
2 that: such agency is conducting an investigation of a missing child
3 [where]; such agency has reason to suspect such child's parent, guardian
4 or other person legally responsible for such child is or may be the
5 subject of a report, or, such child or such child's sibling is or may be
6 another person named in a report of child abuse or maltreatment and that
7 any such information is or may be needed to further such investigation[.
8 If, upon an initial determination made by the office of children and
9 family services or local social services district pursuant to this
10 clause, it is determined that such reports, information or photographs
11 are not available to such criminal justice agency pursuant to this
12 subdivision, the criminal justice agency conducting the investigation
13 may contact the office of children and family services and request an
14 immediate administrative review by a supervisor or designated employee,
15 as applicable, pursuant to paragraph (E) of this subdivision. The local
16 social services district shall provide the criminal justice agency with
17 the most expedient and appropriate method to contact the office of chil-
18 dren and family services in order to request such review. Once such
19 request is received, and after consultation with the requesting criminal
20 justice agency, the individual designated pursuant to paragraph (E) of
21 this subdivision shall immediately review the request and determine de
22 novo whether the provisions of this clause apply and, therefore, access
23 to the requested materials should be granted. If it is determined that
24 the criminal justice agency may have access to the requested materials,
25 such materials shall be supplied by the office of children and family
26 services or directed to be supplied by the local social services
27 district in possession of such materials immediately after the
28 completion of such administrative review];
29 § 3. Paragraph (E) of subdivision 4 of section 422 of the social
30 services law, as added by a chapter of the laws of 2015 amending the
31 social services law relating to the statewide central register of child
32 abuse and maltreatment, as proposed in legislative bills numbers
33 S.3520-A and A.5803, is REPEALED.
34 § 4. This act shall take effect on the same date and in the same
35 manner as a chapter of the laws of 2015 amending the social services law
36 relating to the statewide central register of child abuse and maltreat-
37 ment, as proposed in legislative bills numbers S.3520-A and A.5803.