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A05803 Summary:

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A05803 Committee Votes:

A05803 Floor Votes:

A05803 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5803
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2015
                                       ___________
 
        Introduced  by  M.  of A. FAHY, McDONALD, LUPARDO, LENTOL, SANTABARBARA,
          STECK -- read once and referred to the Committee on Children and Fami-
          lies
 
        AN ACT to amend the social services law, in relation  to  the  statewide
          central  register  of  child  abuse  and  maltreatment;  and repealing
          certain provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 412 of the social services law is amended to add a
     2  new subdivision 9 to read as follows:
     3    9. "Criminal justice agency"  means  a  district  attorney,  assistant
     4  district  attorney, an investigator employed in the office of a district
     5  attorney, or a police officer  defined  by  subdivision  thirty-four  of
     6  section 1.20 of the criminal procedure law.
     7    § 2. Subparagraph (l) of paragraph (A) of subdivision 4 of section 422
     8  of  the  social  services  law,  as amended by chapter 35 of the laws of
     9  2001, is amended to read as follows:
    10    (l) [a district attorney, an assistant district attorney  or  investi-
    11  gator  employed in the office of a district attorney, a sworn officer of
    12  the division of state police, of the regional state park  police,  of  a
    13  city  police  department, or of a county, town or village police depart-
    14  ment or county sheriff's office or department] a criminal justice agency
    15  when:
    16    (i) such [official] agency requests such information stating that such
    17  information is necessary to conduct a criminal investigation or criminal
    18  prosecution of a person, that there is reasonable cause to believe  that
    19  such  person  is  the  subject of a report, and that it is reasonable to
    20  believe that due to the nature of the crime under investigation or pros-
    21  ecution, such person is the subject of a report, and that it is  reason-
    22  able to believe that due to that nature of the crime under investigation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09754-01-5
        A. 5803                             2
 
     1  or  prosecution,  such  records  may be related to the criminal investi-
     2  gation or prosecution; or
     3    (ii)  such  agency  is  conducting an investigation of a missing child
     4  where such agency has reason to suspect such child's parent, guardian or
     5  other person legally responsible for such child  is  the  subject  of  a
     6  report,  or,  such child or such child's sibling is another person named
     7  in a report of child abuse or maltreatment and that such information  is
     8  needed  to further such investigation. If, upon an initial determination
     9  made by the office of children  and  family  services  or  local  social
    10  services  district  pursuant  to this clause, it is determined that such
    11  reports, information or photographs are not available to  such  criminal
    12  justice agency pursuant to this subdivision, the criminal justice agency
    13  conducting  the  investigation  may  contact  the office of children and
    14  family services and request an  immediate  administrative  review  by  a
    15  supervisor  or designated employee, as applicable, pursuant to paragraph
    16  (E) of this  subdivision.  The  local  social  services  district  shall
    17  provide  the  criminal justice agency with the most expedient and appro-
    18  priate method to contact the office of children and family  services  in
    19  order  to  request such review. Once such request is received, and after
    20  consultation with the requesting criminal justice agency, the individual
    21  designated pursuant to paragraph (E) of  this  subdivision  shall  imme-
    22  diately  review the request and determine de novo whether the provisions
    23  of this clause apply and, therefore, access to the  requested  materials
    24  should  be granted. If it is determined that the criminal justice agency
    25  may have access to the requested  materials,  such  materials  shall  be
    26  supplied by the office of children and family services or directed to be
    27  supplied  by  the  local  social services district in possession of such
    28  materials  immediately  after  the  completion  of  such  administrative
    29  review;
    30    §  3.  Subdivision  4  of  section  422  of the social services law is
    31  amended by adding a new paragraph (E) to read as follows:
    32    (E) The commissioner of the office of children  and  family  services,
    33  shall  make  available a supervisor, or otherwise designate an employee,
    34  who shall be in regular consultation  with  attorneys  employed  by  the
    35  office  of  children  and  family  services  and  shall be empowered, in
    36  circumstances arising under clause (ii) of subparagraph (l) of paragraph
    37  (A) of this subdivision, to overrule a  denial  of  access  by  a  local
    38  social  services  district  and authorize such access in accordance with
    39  this subdivision and the  authorized  regulations.  Such  supervisor  or
    40  employee  may  be  the  commissioner.  The office of children and family
    41  services shall provide the local social services districts with the most
    42  expedient and appropriate method that criminal justice agencies may  use
    43  to  request an administrative review pursuant to clause (ii) of subpara-
    44  graph (l) of paragraph (A) of this subdivision.
    45    § 4. Subparagraph (q) of paragraph (A) of subdivision 4 of section 422
    46  of the social services law is REPEALED.
    47    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    48  have become a law.