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A09244 Summary:

BILL NOA09244A
 
SAME ASSAME AS S09421-A
 
SPONSORHevesi
 
COSPNSRMeeks, Hooks
 
MLTSPNSR
 
Amd §422, Soc Serv L
 
Allows a person a second hearing to seal their child protective services records upon a showing of good cause and there is no evidence the subject has committed maltreatment of a child in the preceding two years.
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A09244 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9244--A
                                                                Cal. No. 471
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 7, 2025
                                       ___________
 
        Introduced by M. of A. HEVESI, MEEKS, HOOKS -- read once and referred to
          the Committee on Children and Families -- recommitted to the Committee
          on Children and Families in accordance with Assembly Rule 3, sec. 2 --
          reported  and  referred  to  the  Committee  on Codes -- reported from
          committee, advanced to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading
 
        AN ACT to amend the social services law, in relation to allowing persons
          to request a second hearing to seal child protective services records
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (ii)  of  paragraph (c) of subdivision 8 of
     2  section 422 of the social services law is amended by adding a new undes-
     3  ignated paragraph to read as follows:
     4    Provided, however, the subject shall be entitled to request  a  second
     5  hearing to request the sealing of such subject's case no sooner than two
     6  years  after the date of the first hearing, if such subject demonstrates
     7  good cause to the office of children and family services, and  there  is
     8  no  evidence  the  subject  has committed maltreatment of a child in the
     9  preceding two years.  Good cause shall include, but not be  limited  to,
    10  completing  services such as drug or alcohol treatment programs, parent-
    11  ing skills classes, or anger management programs; regular  participation
    12  in  mental  health  services;  or participation in any service, program,
    13  therapy, activity, or intervention to  address  the  previously  entered
    14  substantiated  finding  or findings.   The office of children and family
    15  services shall notify the subject of the outcome of their request for  a
    16  second  hearing  in writing by mail within thirty days of receipt of the
    17  subject's request. The written notice shall include a  determination  of
    18  whether  the office of children and family services found good cause for
    19  a second hearing and the rationale for the decision to grant or deny the
    20  request. If the office of children and family services finds good  cause
    21  and grants the subject's request for a second hearing, the hearing shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13910-07-6

        A. 9244--A                          2
 
     1  be scheduled within ninety days of such determination. If the subject is
     2  denied  a  second hearing request based on a finding the subject has not
     3  shown good cause, the subject shall be entitled to request a  subsequent
     4  hearing.
     5    § 2. This act shall take effect immediately.
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