A02321 Summary:

BILL NOA02321
 
SAME ASNo same as
 
SPONSORJaffee
 
COSPNSRGunther, Robinson, Englebright, Cook
 
MLTSPNSRArroyo, Dinowitz, Gottfried, Hikind, Kearns, Saladino
 
Amd SS372-g, 390, 422 & 424, Soc Serv L
 
Provides that calls to hotlines operated by the office of children and family services are confidential; corrects cross references to penal law regarding filing a false report in the 3rd degree.
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A02321 Actions:

BILL NOA02321
 
01/14/2013referred to children and families
05/20/2013reported referred to codes
01/08/2014referred to children and families
05/28/2014reported referred to codes
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A02321 Floor Votes:

There are no votes for this bill in this legislative session.
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A02321 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2321
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2013
                                       ___________
 
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on Children and Families
 
        AN  ACT  to  amend the social services law, in relation to the confiden-
          tiality of calls to certain hotlines operated by the office  of  chil-
          dren  and family services and in relation to cross references to penal

          law provisions on filing a false report in the third degree
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 3 of section 372-g of the social services law,
     2  as added by chapter 156 of the laws of  2000,  is  amended  to  read  as
     3  follows:
     4    3.  establishment  of toll-free telephone hotlines to provide informa-
     5  tion.  Any records that could identify callers to any such  hotline  are
     6  confidential. Should the office maintain any records concerning calls to
     7  any such hotline, information concerning the content of such calls shall
     8  also  be  confidential  and  shall not be available except in accordance
     9  with a court order where the court has made a finding that such informa-

    10  tion is necessary for the determination of an issue  before  the  court.
    11  Nothing  in this subdivision shall be construed to require the office to
    12  maintain any record of any call to any such hotline.
    13    § 2. Subparagraphs (i) and (iv) of paragraph (c) of subdivision  3  of
    14  section  390 of the social services law, subparagraph (i) as amended and
    15  subparagraph (iv) as added by chapter 416  of  the  laws  of  2000,  are
    16  amended to read as follows:
    17    (i) The office of children and family services shall establish a toll-
    18  free  statewide  telephone  number  to receive inquiries about child day
    19  care homes, programs and facilities and complaints of violations of  the
    20  requirements  of  this  section  or  regulations  promulgated under this
    21  section.  Any  records  that  could  identify  callers  complaining   of

    22  violations  shall  be  confidential.  The  office of children and family
    23  services shall develop a system for investigation, which  shall  include
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04017-01-3

        A. 2321                             2
 
     1  inspection,  of  such  complaints.  The  office  of  children and family
     2  services  may  provide  for  such  investigations  through  purchase  of
     3  services.  The  office  of  children and family services shall develop a
     4  process  for  publicizing  such toll-free telephone number to the public
     5  for making inquiries or complaints about child day care homes,  programs
     6  or facilities.

     7    (iv) Nothing in this paragraph shall be construed to require or permit
     8  the  disclosure  either  orally or in writing of any information that is
     9  confidential pursuant to law.  The office shall not disclose any records
    10  that could identify persons who have made complaints  to  the  toll-free
    11  telephone  number  except:  with such person's written permission; to an
    12  appropriate law enforcement agency where such agency states  in  writing
    13  that  such  information is necessary to conduct a criminal investigation
    14  or criminal prosecution; or in accordance with a court order  where  the
    15  court  has  made  a  finding  that such information is necessary for the
    16  determination of an issue before the court.
    17    § 3. Paragraph (c) of subdivision 2  of  section  422  of  the  social

    18  services law, as added by chapter 717 of the laws of 1986, is amended to
    19  read as follows:
    20    (c)  Whenever  a  telephone  call  to  the  statewide central register
    21  described in this section is received  by  the  [department]  office  of
    22  children and family services, and the [department] office finds that the
    23  person allegedly responsible for abuse or maltreatment of a child cannot
    24  be  a subject of a report as defined in subdivision four of section four
    25  hundred twelve of this chapter, but believes that the  alleged  acts  or
    26  circumstances  against  a  child  described  in  the  telephone call may
    27  constitute a crime or an immediate threat to the child's health or safe-
    28  ty, the [department] office shall convey by  the  most  expedient  means

    29  available the information contained in such telephone call to the appro-
    30  priate  law  enforcement agency, district attorney or other public offi-
    31  cial empowered to provide necessary aid or assistance. Any record of any
    32  such telephone call shall be confidential and  shall  not  be  disclosed
    33  except as provided in this paragraph.
    34    §  4.  Subdivision  2  of  section  422  of the social services law is
    35  amended by adding a new paragraph (d) to read as follows:
    36    (d) Any record maintained by the statewide central register concerning
    37  a call to the statewide central register  that  does  not  constitute  a
    38  report  of suspected child abuse or maltreatment for a reason other than
    39  that specified in paragraph (c) of this subdivision shall  be  confiden-

    40  tial and shall be available only to an appropriate law enforcement agen-
    41  cy  where  such agency states in writing that such information is neces-
    42  sary to conduct a criminal investigation or criminal prosecution, or  in
    43  accordance  with  a  court order where the court has made a finding that
    44  such information is necessary for the determination of an  issue  before
    45  the  court.  Nothing in this paragraph shall be construed to require the
    46  statewide central register to maintain any record not otherwise required
    47  by law of any call to the  statewide  central  register  that  does  not
    48  constitute a report of suspected child abuse or maltreatment.
    49    §  5.  Subdivision  4  of  section  422 of the social services law, as

    50  amended by chapter 677 of the laws of 1985, paragraph (A) as amended  by
    51  chapter  12  of  the  laws of 1996, subparagraph (k) of paragraph (A) as
    52  amended by section 153 of subpart B of part C of chapter 62 of the  laws
    53  of  2011,  subparagraph (1) of paragraph (A) as amended by chapter 35 of
    54  the laws of 2001, subparagraphs (r) and (t) of paragraph (A) as  amended
    55  by  chapter  41  of the laws of 2010, clause (ii) of subparagraph (v) of
    56  paragraph (A) as amended and subparagraph (w) of paragraph (A) as  added

        A. 2321                             3
 
     1  by chapter 136 of the laws of 1999, subparagraph (x) of paragraph (A) as
     2  amended  by  section  1 of part A of chapter 327 of the laws of 2007 and
     3  subparagraphs (y) and (z) of paragraph (A) as amended  and  subparagraph
     4  (aa)  of  paragraph  (A) as added by chapter 440 of the laws of 2011, is

     5  amended to read as follows:
     6    4. (A) Reports made pursuant to this title [as well as] and any  other
     7  information  obtained,  reports  written or photographs taken concerning
     8  such reports, as well as records pertaining to telephone calls  received
     9  pursuant  to  this section, in the possession of the [department] office
    10  of children and family services, local departments, or the commission on
    11  quality of care [for the mentally disabled]  and  advocacy  for  persons
    12  with  disabilities,  shall be confidential and shall only be made avail-
    13  able to:
    14    (a) a physician who has before him or her  a  child  whom  he  or  she
    15  reasonably suspects may be abused or maltreated;
    16    (b)  a  person  authorized to place a child in protective custody when

    17  such person has before him or her a child  whom  he  or  she  reasonably
    18  suspects may be abused or maltreated and such person requires the infor-
    19  mation  in the record to determine whether to place the child in protec-
    20  tive custody;
    21    (c) a duly authorized agency having the responsibility for the care or
    22  supervision of a child who is reported to the central register of  abuse
    23  and maltreatment;
    24    (d) any person who is the subject of the report or other persons named
    25  in the report;
    26    (e)  a  court,  upon  a  finding that the information in the record is
    27  necessary for the determination of an issue before the court;
    28    (f) a grand jury, upon a finding that the information in the record is
    29  necessary for the determination of charges before the grand jury;
    30    (g) any appropriate state legislative committee responsible for  child
    31  protective legislation;

    32    (h)  any  person  engaged  in  a  bona fide research purpose provided,
    33  however, that no information identifying the subjects of the  report  or
    34  other  persons  named  in  the  report  shall  be  made available to the
    35  researcher unless it is absolutely essential to the research purpose and
    36  the department gives prior approval;
    37    (i) a provider agency as defined by subdivision three of section  four
    38  hundred  twenty-four-a of this [chapter] title, or a licensing agency as
    39  defined by subdivision four of section  four  hundred  twenty-four-a  of
    40  this [chapter] title, subject to the provisions of such section;
    41    (j)  the state commission on quality of care for the mentally disabled
    42  in connection with an investigation being conducted  by  the  commission
    43  pursuant to article forty-five of the mental hygiene law;

    44    (k)  a probation service conducting an investigation pursuant to arti-
    45  cle three or seven or section six  hundred  fifty-three  of  the  family
    46  court  act  where  there  is  reason to suspect the child or the child's
    47  sibling may have been abused or maltreated and such  child  or  sibling,
    48  parent,  guardian or other person legally responsible for the child is a
    49  person named in an indicated report of child abuse or  maltreatment  and
    50  that  such information is necessary for the making of a determination or
    51  recommendation to the court; or a probation service regarding  a  person
    52  about  whom  it is conducting an investigation pursuant to article three
    53  hundred ninety of the criminal procedure law, or a probation service  or
    54  the  department  of  corrections  and  community supervision regarding a
    55  person to whom the service or department is providing supervision pursu-

    56  ant to article sixty of the penal law or article eight of the correction

        A. 2321                             4
 
     1  law,  where  the  subject  of  investigation  or  supervision  has  been
     2  convicted  of  a  felony  under  article one hundred twenty, one hundred
     3  twenty-five or one hundred thirty-five of the penal law or any felony or
     4  misdemeanor  under  article one hundred thirty, two hundred thirty-five,
     5  two hundred forty-five, two hundred sixty or two hundred sixty-three  of
     6  the  penal  law,  or  has  been  indicted  for any such felony and, as a
     7  result, has been convicted of a crime under the  penal  law,  where  the
     8  service or department requests the information upon a certification that
     9  such  information  is necessary to conduct its investigation, that there
    10  is reasonable cause to believe that the subject of an  investigation  is

    11  the subject of an indicated report and that there is reasonable cause to
    12  believe  that  such  records  are  necessary to the investigation by the
    13  probation service or the department, provided, however, that only  indi-
    14  cated reports shall be furnished pursuant to this subdivision;
    15    (l)  a  district  attorney, an assistant district attorney or investi-
    16  gator employed in the office of a district attorney, a sworn officer  of
    17  the  division  of  state police, of the regional state park police, of a
    18  city police department, or of a county, town or village  police  depart-
    19  ment  or  county  sheriff's  office  or  department  when  such official
    20  requests such information stating that such information is necessary  to
    21  conduct  a  criminal  investigation or criminal prosecution of a person,
    22  that there is reasonable cause  to  believe  that  such  person  is  the

    23  subject  of  a  report, and that it is reasonable to believe that due to
    24  the nature of the crime under investigation or prosecution, such  person
    25  is  the  subject  of a report, and that it is reasonable to believe that
    26  due to that nature of the crime under investigation or prosecution, such
    27  records may be related to the criminal investigation or prosecution;
    28    (m) the New York city department of  investigation  provided  however,
    29  that  no  information  identifying  the  subjects of the report or other
    30  persons named in the report shall be made available to the department of
    31  investigation unless such information is essential to  an  investigation
    32  within  the  legal  authority of the department of investigation and the
    33  state department of social services gives prior approval;
    34    (n) chief executive officers of authorized agencies, directors of  day

    35  care  centers  and directors of facilities operated or supervised by the
    36  department of education, the [division for youth] office of children and
    37  family services, the office of mental health or the  office  [of  mental
    38  retardation   and]   for  people  with  developmental  disabilities,  in
    39  connection with a disciplinary investigation, action, or  administrative
    40  or  judicial  proceeding instituted by any of such officers or directors
    41  against an employee of any such agency, center or facility  who  is  the
    42  subject  of  an indicated report when the incident of abuse or maltreat-
    43  ment contained in the report occurred in the agency, center, facility or
    44  program, and the purpose of such proceeding is to determine whether  the
    45  employee  should  be retained or discharged; provided, however, a person

    46  given access to information pursuant to this subparagraph  [(n)]  shall,
    47  notwithstanding  any  inconsistent  provision  of  law, be authorized to
    48  redisclose such information only if the purpose of such redisclosure  is
    49  to  initiate  or  present  evidence in a disciplinary, administrative or
    50  judicial proceeding concerning the continued employment or the terms  of
    51  employment  of  an  employee  of such agency, center or facility who has
    52  been named as a subject of an  indicated  report  and,  in  addition,  a
    53  person  or  agency given access to information pursuant to this subpara-
    54  graph [(n)] shall also  be  given  information  not  otherwise  provided
    55  concerning the subject of an indicated report where the commission of an

        A. 2321                             5
 

     1  act  or acts by such subject has been determined in proceedings pursuant
     2  to article ten of the family court act to constitute abuse or neglect;
     3    (o)  a provider or coordinator of services to which a child protective
     4  service or social services district has referred a child  or  a  child's
     5  family  or  to  whom the child or the child's family have referred them-
     6  selves at the request of the child protective service or social services
     7  district, where said child is reported to the register when the records,
     8  reports or other information are necessary to  enable  the  provider  or
     9  coordinator  to  establish and implement a plan of service for the child
    10  or the child's family, or to monitor the provision and  coordination  of
    11  services  and  the circumstances of the child and the child's family, or
    12  to directly provide services; provided,  however,  that  a  provider  of

    13  services  may include appropriate health care or school district person-
    14  nel, as such terms shall be defined by the department; provided however,
    15  a provider or  coordinator  of  services  given  access  to  information
    16  concerning  a  child pursuant to this subparagraph [(o)] shall, notwith-
    17  standing any inconsistent provision of law, be authorized to  redisclose
    18  such  information  to  other  persons  or  agencies  which  also provide
    19  services to the child or the child's family  only  if  the  consolidated
    20  services plan prepared and approved pursuant to section thirty-four-a of
    21  this  chapter  describes  the agreement that has been or will be reached
    22  between the provider or coordinator of service and the  local  district.
    23  An  agreement  entered  into pursuant to this subparagraph shall include
    24  the specific agencies and categories of individuals to whom redisclosure

    25  by the provider or coordinator of services  is  authorized.  Persons  or
    26  agencies  given  access to information pursuant to this subparagraph may
    27  exchange such information in order to facilitate the provision or  coor-
    28  dination of services to the child or the child's family;
    29    (p) a disinterested person making an investigation pursuant to section
    30  one  hundred  sixteen  of the domestic relations law, provided that such
    31  disinterested person shall only make this information available  to  the
    32  judge before whom the adoption proceeding is pending;
    33    (q) a criminal justice agency conducting an investigation of a missing
    34  child  where  there  is  reason  to  suspect  such child or such child's
    35  sibling, parent, guardian or other person legally responsible  for  such
    36  child  is  a  person  named  in  an  indicated  report of child abuse or

    37  maltreatment and that such information is needed to further such  inves-
    38  tigation;
    39    (r) in relation to a report involving a child in residential care, the
    40  director  or  operator  of  the  residential facility or program and, as
    41  appropriate, the local social services commissioner or  school  district
    42  placing the child, the [division for youth] office of children and fami-
    43  ly  services,  the department of education, the commission on quality of
    44  care for the mentally disabled, the office of mental health, the  office
    45  [of  mental retardation and] for people with developmental disabilities,
    46  and any attorney appointed to represent the child whose appointment  has
    47  been continued by a family court judge during the term of the placement,
    48  subject  to  the  limitations  contained in subdivisions nine and ten of

    49  this section and subdivision five of section four hundred  twenty-four-c
    50  of this title;
    51    (s)  a  child  protective  service  of another state when such service
    52  certifies that the records and reports are necessary in order to conduct
    53  a child abuse or maltreatment investigation within its  jurisdiction  of
    54  the  subject  of  the  report  and  shall  be  used only for purposes of
    55  conducting such investigation and will not be redisclosed to  any  other
    56  person or agency;

        A. 2321                             6
 
     1    (t)  an  attorney for a child, appointed pursuant to the provisions of
     2  section one thousand sixteen of the family court act, at any  time  such
     3  appointment  is  in  effect,  in  relation  to  any  report in which the
     4  respondent in the proceeding in which the attorney for a child has  been

     5  appointed is the subject or another person named in the report, pursuant
     6  to  sections  one thousand thirty-nine-a and one thousand fifty-two-a of
     7  the family court act;
     8    (u) a  child  care  resource  and  referral  program  subject  to  the
     9  provisions  of  subdivision six of section four hundred twenty-four-a of
    10  this title;
    11    (v)(i) officers and employees of the state comptroller or of the  city
    12  comptroller of the city of New York, or of the county officer designated
    13  by  law  or  charter  to perform the auditing function in any county not
    14  wholly contained within a  city,  for  purposes  of  a  duly  authorized
    15  performance  audit,  provided that such comptroller shall have certified
    16  to the keeper of such records that he or she has  instituted  procedures
    17  developed in consultation with the department to limit access to client-

    18  identifiable  information  to  persons  requiring  such  information for
    19  purposes of the audit and that appropriate controls and prohibitions are
    20  imposed  on  the  dissemination   of   client-identifiable   information
    21  contained  in  the  conduct  of the audit. Information pertaining to the
    22  substance or content of  any  psychological,  psychiatric,  therapeutic,
    23  clinical  or  medical reports, evaluations or like materials or informa-
    24  tion pertaining to such child or the child's family shall  not  be  made
    25  available  to  such  officers  and  employees  unless disclosure of such
    26  information is absolutely essential to the specific audit  activity  and
    27  the department gives prior written approval.
    28    (ii)  any failure to maintain the confidentiality of client-identifia-
    29  ble information shall subject such comptroller or officer to  denial  of

    30  any  further  access  to records until such time as the audit agency has
    31  reviewed its procedures concerning controls and prohibitions imposed  on
    32  the  dissemination  of such information and has taken all reasonable and
    33  appropriate steps to eliminate such lapses in maintaining confidentiali-
    34  ty to the satisfaction of the office of children  and  family  services.
    35  The  office  of children and family services shall establish the grounds
    36  for denial of access to records contained under this section  and  shall
    37  recommend  as  necessary  a  plan  of  remediation  to the audit agency.
    38  Except as provided in this section, nothing in this  subparagraph  shall
    39  be  construed  as  limiting the powers of such comptroller or officer to
    40  access records which he or she  is  otherwise  authorized  to  audit  or
    41  obtain  under  any  other  applicable provision of law. Any person given

    42  access to information pursuant to this subparagraph who releases data or
    43  information to persons or agencies not authorized to receive such infor-
    44  mation shall be guilty of a class A misdemeanor;
    45    (w) members of a local or regional fatality review  team  approved  by
    46  the  office  of  children and family services in accordance with section
    47  four hundred twenty-two-b of this title;
    48    (x) members of a local  or  regional  multidisciplinary  investigative
    49  team  as established pursuant to subdivision six of section four hundred
    50  twenty-three of this title;
    51    (y) members of a citizen  review  panel  as  established  pursuant  to
    52  section  three hundred seventy-one-b of this article; provided, however,
    53  members of a citizen review panel shall not disclose to  any  person  or
    54  government official any identifying information which the panel has been

    55  provided  and  shall  not make public other information unless otherwise
    56  authorized by statute;

        A. 2321                             7
 
     1    (z) an entity with appropriate legal authority  in  another  state  to
     2  license,  certify  or  otherwise approve prospective foster and adoptive
     3  parents where disclosure of information regarding the prospective foster
     4  or adoptive parents and other persons over the age of eighteen  residing
     5  in  the home of such prospective parents is required by paragraph twenty
     6  of subdivision (a) of section six hundred seventy-one of title forty-two
     7  of the United States code; and
     8    (aa) a social services official who is investigating whether an  adult
     9  is in need of a protective services in accordance with the provisions of
    10  section  four  hundred seventy-three of this chapter, when such official

    11  has reasonable cause to believe such adult may be in need of  protective
    12  services  due  to  the  conduct  of an individual or individuals who had
    13  access to such adult when such adult was a child and that  such  reports
    14  and information are needed to further the present investigation.
    15    After a child, other than a child in residential care, who is reported
    16  to  the  central  register  of  abuse or maltreatment reaches the age of
    17  eighteen years, access to a child's record under subparagraphs  (a)  and
    18  (b) of this paragraph shall be permitted only if a sibling or off-spring
    19  of  such  child is before such person and is a suspected victim of child
    20  abuse or maltreatment. In addition, a person  or  official  required  to
    21  make  a  report  of  suspected  child  abuse or maltreatment pursuant to
    22  section four hundred  thirteen  of  this  chapter  shall  receive,  upon

    23  request, the findings of an investigation made pursuant to this title or
    24  section  45.07 of the mental hygiene law. However, no information may be
    25  released unless the person or official's identity is  confirmed  by  the
    26  [department]  office.  If the request for such information is made prior
    27  to the completion of an investigation of a report, the released informa-
    28  tion shall be limited to whether the report is "indicated",  "unfounded"
    29  or  "under investigation", whichever the case may be. If the request for
    30  such information is made after the completion of an investigation  of  a
    31  report,  the released information shall be limited to whether the report
    32  is "indicated" or "unfounded", whichever the case may be. A person given
    33  access to the names or other information identifying the subjects of the
    34  report, or other persons named in the report, except the subject of  the

    35  report  or  other persons named in the report, shall not divulge or make
    36  public such identifying information unless  he  or  she  is  a  district
    37  attorney  or other law enforcement official and the purpose is to initi-
    38  ate court action or the disclosure is necessary in connection  with  the
    39  investigation  or  prosecution  of the subject of the report for a crime
    40  alleged to have been committed by the  subject  against  another  person
    41  named  in  the  report.  Nothing  in  this section shall be construed to
    42  permit any release, disclosure or  identification  of  the  names  [or],
    43  identifying descriptions, telephone numbers or other contact information
    44  of  persons  who  have reported suspected child abuse or maltreatment to
    45  the statewide central register or the agency, institution, organization,

    46  program or other entity where such persons are employed or  the  agency,
    47  institution,  organization  or  program  with  which they are associated
    48  without such persons' written permission except to  persons,  officials,
    49  and  agencies  enumerated  in subparagraphs (e), (f), (h), (j), (l), (m)
    50  and (v) of this paragraph.
    51    To the extent that persons or agencies are given access to information
    52  pursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m)[,]  and  (o)
    53  [and  (q)]  of  this  paragraph,  such  persons or agencies may give and
    54  receive such information to each other in order to facilitate an  inves-
    55  tigation conducted by such persons or agencies.

        A. 2321                             8
 
     1    (B) Notwithstanding any inconsistent provision of law to the contrary,

     2  a  city or county social services commissioner may withhold, in whole or
     3  in part, the release of any information which he or she is authorized to
     4  make available to persons or agencies identified in  subparagraphs  (a),
     5  (k),  (l),  (m),  (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this
     6  subdivision if such commissioner determines that such information is not
     7  related to the purposes for which such information is requested or  when
     8  such disclosure will be detrimental to the child named in the report.
     9    (C) A city or county social services commissioner who denies access by
    10  persons  or  agencies  identified  in  subparagraphs (a), (k), (l), (m),
    11  (n)[,] and (o)[, (p) and (q)] of paragraph (A) of  this  subdivision  to
    12  records,  reports  or  other  information or parts thereof maintained by

    13  such commissioner in accordance with this title shall, within  ten  days
    14  from  the date of receipt of the request fully explain in writing to the
    15  person requesting the records, reports or other information the  reasons
    16  for the denial.
    17    (D) A person or agency identified in subparagraphs (a), (k), (l), (m),
    18  (n)[,]  and  (o)[, (p) and (q)] of paragraph (A) of this subdivision who
    19  is denied access to records, reports or other information or parts ther-
    20  eof maintained by a local department pursuant to this title may bring  a
    21  proceeding  for  review of such denial pursuant to article seventy-eight
    22  of the civil practice law and rules.
    23    § 6. Subparagraph (v) of paragraph (a),  paragraphs  (b)  and  (c)  of
    24  subdivision  5  and subdivision 14 of section 422 of the social services

    25  law, subparagraph (v) of paragraph (a) and paragraph (b) of  subdivision
    26  5 as amended, and paragraph (c) of subdivision 5 as added by chapter 555
    27  of  the  laws  of 2000 and subdivision 14 as added by chapter 477 of the
    28  laws of 1989, are amended to read as follows:
    29    (v) to a district attorney, an assistant district attorney, an  inves-
    30  tigator  employed  in  the  office of a district attorney, or to a sworn
    31  officer of the division of state police, of  a  city,  county,  town  or
    32  village  police  department  or  of  a county sheriff's office when such
    33  official verifies that the report is  necessary  to  conduct  an  active
    34  investigation  or prosecution of a violation of subdivision [three] four
    35  of section [240.55] 240.50 of the penal law.
    36    (b) Persons given access to unfounded reports pursuant to subparagraph

    37  (v) of paragraph (a) of  this  subdivision  shall  not  redisclose  such
    38  reports except as necessary to conduct such appropriate investigation or
    39  prosecution  and  shall  request  of  the  court that any copies of such
    40  reports produced in any court proceeding be redacted to remove the names
    41  of the subjects and other persons named in the reports or that the court
    42  issue an order protecting the names of the subjects  and  other  persons
    43  named  in the reports from public disclosure. The local child protective
    44  service or state agency shall not indicate the subsequent report  solely
    45  based  upon  the  existence  of  the  prior unfounded report or reports.
    46  Notwithstanding section four hundred fifteen of this title, section  one
    47  thousand  forty-six  of  the  family  court act, or, except as set forth
    48  herein, any other provision of law to the contrary, an unfounded  report

    49  shall  not be admissible in any judicial or administrative proceeding or
    50  action; provided, however, an unfounded report may  be  introduced  into
    51  evidence:  (i)  by  the  subject  of  the report where such subject is a
    52  respondent in a proceeding under article ten of the family court act  or
    53  is  a  plaintiff  or petitioner in a civil action or proceeding alleging
    54  the false reporting of child abuse or maltreatment; or (ii) in a  crimi-
    55  nal  court  for  the  purpose  of prosecuting a violation of subdivision
    56  [three] four of section [240.55] 240.50 of the penal law. Legally sealed

        A. 2321                             9
 
     1  unfounded reports shall be expunged ten years after the receipt  of  the
     2  report.   Whenever the office of children and family services determines

     3  that there is some credible evidence  of  abuse  or  maltreatment  as  a
     4  result of an investigation of a report conducted pursuant to subdivision
     5  (c)  of  section 45.07 of the mental hygiene law, the office of children
     6  and family services shall notify the commission on quality of  care  for
     7  the mentally disabled.
     8    (c) Notwithstanding any other provision of law, the office of children
     9  and  family  services may, in its discretion, grant a request to expunge
    10  an unfounded report where: (i) the source of the report was convicted of
    11  a violation of subdivision [three] four of section  [240.55]  240.50  of
    12  the  penal  law  in  regard  to  such report; or (ii) the subject of the
    13  report presents clear and convincing evidence that affirmatively refutes
    14  the allegation of abuse or  maltreatment;  provided  however,  that  the

    15  absence  of  credible  evidence  supporting  the  allegation of abuse or
    16  maltreatment shall not be the sole basis to expunge the report.  Nothing
    17  in  this  paragraph  shall  require  the  office  of children and family
    18  services to hold  an  administrative  hearing  in  deciding  whether  to
    19  expunge  a report. Such office shall make its determination upon review-
    20  ing the written evidence submitted by the subject of the report and  any
    21  records  or  information  obtained  from the state or local agency which
    22  investigated the allegations of abuse or maltreatment.
    23    14. The department shall refer suspected cases  of  falsely  reporting
    24  child abuse and maltreatment in violation of subdivision [three] four of
    25  section [240.55] 240.50 of the penal law to the appropriate law enforce-
    26  ment agency or district attorney.

    27    § 7. Subdivision 8 of section 424 of the social services law, as added
    28  by chapter 477 of the laws of 1989, is amended to read as follows:
    29    8.  refer  suspected  cases  of  falsely  reporting  child  abuse  and
    30  maltreatment  in  violation  of  subdivision  [three]  four  of  section
    31  [240.55]  240.50  of  the  penal  law to the appropriate law enforcement
    32  agency or district attorney;
    33    § 8. Subdivision 12 of section 422 of  the  social  services  law,  as
    34  added  by chapter 1039 of the laws of 1973 and renumbered by chapter 676
    35  of the laws of 1985, is amended to read as follows:
    36    12. (a) Any person who willfully discloses, permits  [and  any  person
    37  who] the disclosure of, or encourages the release of any data and infor-

    38  mation  contained  in  the  central  register to persons or agencies not
    39  permitted by this title shall be guilty of a class A misdemeanor.
    40    (b) Any person who willfully  and  wrongfully  accesses  or  discloses
    41  information or records that are confidential under this section shall be
    42  guilty of a class A misdemeanor.
    43    § 9. This act shall take effect immediately; except that section eight
    44  of  this  act shall take effect on the first of November next succeeding
    45  the date on which it shall have become a law.
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