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S08205 Summary:

BILL NOS08205
 
SAME ASSAME AS A08248
 
SPONSORBRISPORT
 
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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S08205 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8205
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 21, 2025
                                       ___________
 
        Introduced  by Sen. BRISPORT -- 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  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

        S. 8205                             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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