S09745 Summary:
| BILL NO | S09745 |
| SAME AS | SAME AS A07348 |
| SPONSOR | BRISPORT |
| COSPNSR | |
| MLTSPNSR | |
| Amd §1051, Fam Ct Act | |
| Updates the provisions providing notice to respondents in child abuse and neglect proceedings in family court. | |
S09745 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 9745 IN SENATE May 28, 2024 ___________ Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to notices given to respondents in child abuse and neglect proceedings in family court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (iii) of subdivision (f) of section 1051 of the 2 family court act, as added by chapter 430 of the laws of 1994, is 3 amended to read as follows: 4 (iii) that [the] any report made to the state central register of 5 child abuse and maltreatment [upon which the petition is based] of alle- 6 gations on which the court makes a finding of abuse or neglect will 7 remain [on file] indicated in the register until ten years after the 8 eighteenth birthday of the youngest child named in such report unless 9 such finding is vacated or dismissed, and that: 10 (A) the respondent will be unable to [obtain expungement of] amend 11 such report[,] in the state central register; 12 (B) if the court finding is for neglect, it shall be legally sealed 13 eight years after the report was made unless it is sealed earlier in an 14 administrative proceeding; and [that] 15 (C) the existence of such report, which is not legally sealed, may be 16 made known to employers seeking to screen employee or volunteer appli- 17 cants [in the field of child care] for positions where the individual 18 has the potential for regular and substantial contact with children, and 19 to child care agencies if the respondent applies to become a foster 20 parent or adoptive parent. 21 § 2. This act shall take effect on the sixtieth day after it shall 22 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08956-01-3