S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5921

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M. of A. CAHILL, GABRYSZAK, GUNTHER, HOYT, JAFFEE, KOON,
  LUPARDO, O'DONNELL,  ORTIZ,  PEOPLES,  REILLY,  ROSENTHAL,  ZEBROWSKI,
  SPANO,  CLARK, ESPAILLAT, MOLINARO, ALFANO -- Multi-Sponsored by -- M.
  of  A.  AMEDORE,  BRENNAN,  BROOK-KRASNY,  BUTLER,  CALHOUN,  DESTITO,
  EDDINGTON,   ERRIGO,  FINCH,  GIGLIO,  GORDON,  HYER-SPENCER,  JACOBS,
  JEFFRIES, JOHN, LATIMER, MAISEL, McENENY,  SAYWARD,  SCHIMEL,  THIELE,
  WALKER, WEISENBERG -- read once and referred to the Committee on Chil-
  dren and Families

AN  ACT  to  amend  the  social  services law, in relation to release of
  certain records associated with  abuse  and  neglect  cases  to  court
  appointed special advocates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (A) of subdivision 4 of section 422 of the social
services law is amended by adding a new subparagraph  (aa)  to  read  as
follows:
  (AA)  COURT APPOINTED SPECIAL ADVOCATES, APPOINTED BY THE FAMILY COURT
TO GATHER INFORMATION AND REPORT TO SUCH COURT  CONCERNING  A  CHILD  OR
CHILDREN  WHO ARE THE SUBJECT OF A PETITION FOR ABUSE AND NEGLECT PURSU-
ANT TO ARTICLE TEN OF THE FAMILY COURT ACT, UPON A  WRITTEN  REQUEST  BY
SUCH COURT APPOINTED SPECIAL ADVOCATES AND ON NOTICE TO, AND AN OPPORTU-
NITY TO BE HEARD, BY ALL PARTIES, PROVIDED HOWEVER:
  (I)  THAT  SUCH  WRITTEN REQUEST SHALL STATE THE SPECIFIC RECORDS THAT
THE COURT APPOINTED SPECIAL ADVOCATE  IS  SEEKING  ACCESS  TO,  AND  HOW
ACCESS  TO  SUCH  RECORDS  IS  NECESSARY FOR THE COURT APPOINTED SPECIAL
ADVOCATE TO FULFILL THE FUNCTIONS FOR WHICH  IT  WAS  APPOINTED  BY  THE
COURT; AND
  (II)  THAT RECORDS PROVIDED TO COURT APPOINTED SPECIAL ADVOCATES SHALL
NOT INCLUDE THE NAME OR ANY INFORMATION THAT COULD  REASONABLY  IDENTIFY
THE  PERSON WHO MADE THE CALL TO THE STATEWIDE CENTRAL REGISTER OF CHILD
ABUSE OR MALTREATMENT AS DESCRIBED IN THIS SECTION; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09574-01-9
              

A. 5921                             2

  (III) THAT RECORDS  PROVIDED  TO  COURT  APPOINTED  SPECIAL  ADVOCATES
PURSUANT TO THIS SUBPARAGRAPH SHALL BE DEEMED CONFIDENTIAL, SHALL NOT BE
REDISCLOSED,  AND  SHALL BE SAFEGUARDED FROM COMING TO THE KNOWLEDGE OF,
AND FROM INSPECTION OR EXAMINATION BY, ANY PERSON OTHER THAN ONE AUTHOR-
IZED  BY  THE  APPLICABLE  SOCIAL SERVICES DISTRICT OR BY A JUDGE OF THE
FAMILY COURT WHEN SUCH RECORDS ARE REQUIRED FOR THE TRIAL OF A  PROCEED-
ING  IN SUCH COURT, AFTER A NOTICE TO ALL INTERESTED PERSONS AND A HEAR-
ING, TO RECEIVE SUCH KNOWLEDGE OR TO MAKE SUCH  INSPECTION  OR  EXAMINA-
TION.
  S  2.  Subdivision  4  of  section  372  of the social services law is
amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
RECORDS RELATING TO CHILDREN KEPT PURSUANT TO THIS SECTION SHALL BE MADE
AVAILABLE TO COURT APPOINTED SPECIAL ADVOCATES UPON  A  WRITTEN  REQUEST
FOR  SPECIFIC  RECORDS, INCLUDING, BUT NOT LIMITED TO THE FAMILY SERVICE
REVIEW PLAN, PERMANENCY REPORT,  MEDICAL  EVALUATIONS,  AND  HISTORY  OF
CURRENT  AND  PREVIOUS  FOSTER  CARE PLACEMENTS, BY SUCH COURT APPOINTED
SPECIAL ADVOCATES, ON NOTICE TO, AND AN OPPORTUNITY TO BE HEARD BY,  ALL
PARTIES, PROVIDED HOWEVER:
  (I)  THAT  SUCH  WRITTEN  REQUEST SHALL STATE THE SPECIFIC RECORDS FOR
WHICH THE COURT APPOINTED SPECIAL ADVOCATE IS SEEKING ACCESS TO, AND HOW
ACCESS TO SUCH RECORDS IS NECESSARY  FOR  THE  COURT  APPOINTED  SPECIAL
ADVOCATE  TO  FULFILL  THE  FUNCTION  FOR  WHICH IT WAS APPOINTED BY THE
COURT; AND
  (II) THAT RECORDS PROVIDED TO COURT APPOINTED SPECIAL ADVOCATES PURSU-
ANT TO THIS PARAGRAPH SHALL BE DEEMED CONFIDENTIAL, SHALL NOT BE  REDIS-
CLOSED,  AND  SHALL  BE SAFEGUARDED FROM COMING TO THE KNOWLEDGE OF, AND
FROM INSPECTION OR EXAMINATION BY, ANY PERSON OTHER THAN ONE  AUTHORIZED
BY  THE  APPLICABLE SOCIAL SERVICES DISTRICT OR BY A JUDGE OF THE FAMILY
COURT WHEN SUCH RECORDS ARE REQUIRED FOR THE TRIAL OF  A  PROCEEDING  IN
SUCH  COURT,  AFTER A NOTICE TO ALL INTERESTED PERSONS AND A HEARING, TO
RECEIVE SUCH KNOWLEDGE OR TO MAKE SUCH INSPECTION OR EXAMINATION.
  S 3. This act shall take effect immediately.