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A08248 Summary:

BILL NOA08248
 
SAME ASSAME AS S08205
 
SPONSORHevesi
 
COSPNSR
 
MLTSPNSR
 
Amd §§372, 422 & 496, Soc Serv L
 
Lifts required approvals on the access of information pertaining to children by the New York city department of investigation.
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A08248 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8248
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 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 the access of
          certain information by the New York city department of investigation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 4 of section 372 of the social services law is
     2  amended by adding a new paragraph (c) to read as follows:
     3    (c) All such records relating  to  such  children  shall  be  open  to
     4  inspection by the New York city department of investigation for purposes
     5  of  an  investigation  within  the  legal authority of the department of
     6  investigation.
     7    § 2. Subparagraph (m) of paragraph (A) of subdivision 4 of section 422
     8  of the social services law, as amended by chapter  12  of  the  laws  of
     9  1996, is amended to read as follows:
    10    (m)  the  New  York city department of investigation provided however,
    11  that no information identifying the subjects  of  the  report  or  other
    12  persons named in the report shall be made available to the department of
    13  investigation  unless  such information is essential to an investigation
    14  within the legal authority of the department of investigation  [and  the
    15  state department of social services gives prior approval];
    16    § 3. Subparagraph (v) of paragraph (a) of subdivision 5 of section 422
    17  of  the  social  services  law, as amended by chapter 256 of the laws of
    18  2014, is amended and a  new  subparagraph  (vi)  is  added  to  read  as
    19  follows:
    20    (v)  to a district attorney, an assistant district attorney, an inves-
    21  tigator employed in the office of a district attorney,  or  to  a  sworn
    22  officer  of  the  division  of  state police, of a city, county, town or
    23  village police department or of a  county  sheriff's  office  when  such
    24  official  verifies  that  the  report  is necessary to conduct an active

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11843-01-5

        A. 8248                             2
 
     1  investigation or prosecution of  a  violation  of  subdivision  four  of
     2  section 240.50 of the penal law[.]; and
     3    (vi)  to the New York city department of investigation for the purpose
     4  of investigating an allegation of an improperly conducted  investigation
     5  by  the  local  child protective service or when an inspector general of
     6  the New York city department of investigation determines that the report
     7  is necessary to conduct an active investigation of a violation of subdi-
     8  vision four of section 240.50 of the penal law.
     9    § 4. Paragraph (m) of subdivision 2  of  section  496  of  the  social
    10  services law, as added by section 1 of part B of chapter 501 of the laws
    11  of 2012, is amended to read as follows:
    12    (m)  the New York city department of investigation; provided, however,
    13  that no information identifying the subjects  of  the  report  or  other
    14  persons named in the report shall be made available to the department of
    15  investigation  unless  such information is essential to an investigation
    16  within the legal authority of the department of investigation  [and  the
    17  justice  center  or  the  applicable  state oversight agency gives prior
    18  approval];
    19    § 5. This act shall take effect on the thirtieth day  after  it  shall
    20  have become a law.
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