Authorizes the review of sealed juvenile sex offense records for persons applying to become foster or adoptive parents or to be employed by licensed caregivers.
STATE OF NEW YORK
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2469
2011-2012 Regular Sessions
IN SENATE
January 21, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, and the social services law
in relation to authorizing the review of sealed juvenile records for
persons applying to serve as a foster or adoptive parent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 720.35 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. Notwithstanding subdivision two of this section, whenever a person
4 is adjudicated a youthful offender and the conviction that was vacated
5 and replaced by the youthful offender finding was for a sex offense as
6 that term is defined in section 120.40 of the penal law, all records
7 pertaining to the youthful offender adjudication shall be included in
8 those records and reports that may be obtained by the commissioner of
9 the office of children and family services in order to perform back-
10 ground checks pursuant to sections three hundred seventy-eight-a, three
11 hundred ninety-b, and three hundred ninety-e of the social services law.
12 § 2. Subdivision 2 of section 378-a of the social services law is
13 amended by adding a new paragraph (a-1) to read as follows:
14 (a-1) The criminal history record check required by this subdivision
15 shall include a review for any convictions vacated and replaced by a
16 youthful offender finding for a sex offense which may be obtained by the
17 commissioner of the office of children and family services pursuant to
18 subdivision 5 of section 720.35 of the criminal procedure law.
19 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07028-01-1
