Relates to unsealing unfounded child abuse and maltreatment reports upon a court order finding that justice requires the information in such reports is necessary for the determination of charges being investigated by a grand jury or for the purposes of prosecuting a violation of the penal law.
STATE OF NEW YORK
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4679
2025-2026 Regular Sessions
IN SENATE
February 11, 2025
___________
Introduced by Sen. MURRAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the unsealing of
unfounded child abuse and maltreatment reports in certain circum-
stances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (iv) and (v) of paragraph (a) of subdivision
2 5 of section 422 of the social services law, subparagraph (iv) as
3 amended by chapter 555 of the laws of 2000 and subparagraph (v) as
4 amended by chapter 256 of the laws of 2014, are amended and a new
5 subparagraph (vi) is added to read as follows:
6 (iv) to the subject of the report; [and]
7 (v) to a district attorney, an assistant district attorney, an inves-
8 tigator employed in the office of a district attorney, or to a sworn
9 officer of the division of state police, of a city, county, town or
10 village police department or of a county sheriff's office (A) when such
11 official verifies that the report is necessary to conduct an active
12 investigation or prosecution of a violation of subdivision four of
13 section 240.50 of the penal law[.] or (B) upon a court order finding
14 that justice requires the information in such reports is necessary for
15 the purpose of prosecuting a violation of the penal law; and
16 (vi) to a grand jury, upon a court order finding that justice requires
17 the information in such reports is necessary for the determination of
18 charges being investigated by such grand jury.
19 § 2. Paragraph (b) of subdivision 5 of section 422 of the social
20 services law, as amended by section 7 of part D of chapter 501 of the
21 laws of 2012, is amended to read as follows:
22 (b) Persons given access to unfounded reports pursuant to subparagraph
23 (v) of paragraph (a) of this subdivision shall not redisclose such
24 reports except as necessary to conduct such appropriate investigation or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09064-01-5
S. 4679 2
1 prosecution and shall request of the court that any copies of such
2 reports produced in any court proceeding be redacted to remove the names
3 of the subjects and other persons named in the reports or that the court
4 issue an order protecting the names of the subjects and other persons
5 named in the reports from public disclosure. The local child protective
6 service or state agency shall not indicate the subsequent report solely
7 based upon the existence of the prior unfounded report or reports.
8 Notwithstanding section four hundred fifteen of this title, section one
9 thousand forty-six of the family court act, or, except as set forth
10 herein, any other provision of law to the contrary, an unfounded report
11 shall not be admissible in any judicial or administrative proceeding or
12 action; provided, however, an unfounded report may be introduced into
13 evidence: (i) by the subject of the report where such subject is a
14 respondent in a proceeding under article ten of the family court act or
15 is a plaintiff or petitioner in a civil action or proceeding alleging
16 the false reporting of child abuse or maltreatment; [or] (ii) in a crim-
17 inal court for the purpose of prosecuting a violation of [subdivision
18 four of section 240.50 of] the penal law; or (iii) in a grand jury or
19 other judicial proceeding for the purpose of determining charges being
20 investigated by such grand jury. Legally sealed unfounded reports shall
21 be expunged ten years after the receipt of the report.
22 § 3. This act shall take effect on the ninetieth day after it shall
23 have become a law.
