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

                                 6384--A
    Cal. No. 15

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the social services law, in relation  to  the  statewide
  central  register  of  child  abuse  and  maltreatment;  and to repeal
  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:

  Section 1. Subdivision 9 of section 412 of the social services law, as
added  by a chapter of the laws of 2015 amending the social services law
relating to the statewide central register of child abuse and  maltreat-
ment,  as  proposed in legislative bills numbers S.3520-A and A.5803, is
REPEALED.
  S 2. Subparagraph (1) of paragraph (A) of subdivision 4 of section 422
of the social services law, as amended by a chapter of the laws of  2015
amending  the  social  services  law  relating  to the statewide central
register of child abuse and maltreatment,  as  proposed  in  legislative
bills numbers S.3520-A and A.5803, is amended to read as follows:
  (l) a criminal justice agency, WHICH FOR THE PURPOSES OF THIS SUBDIVI-
SION  SHALL  MEAN A DISTRICT ATTORNEY, AN ASSISTANT DISTRICT ATTORNEY OR
AN INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY;  A  SWORN
OFFICER  OF  THE  DIVISION  OF  STATE POLICE, OF THE REGIONAL STATE PARK
POLICE, OF A COUNTY DEPARTMENT OF PARKS, OF A CITY POLICE DEPARTMENT, OR
OF A COUNTY, TOWN OR  VILLAGE  POLICE  DEPARTMENT  OR  COUNTY  SHERIFF'S
OFFICE OR DEPARTMENT; OR AN INDIAN POLICE OFFICER, when:
  (i)  such  CRIMINAL  JUSTICE  agency requests such information stating
that such information is necessary to conduct a  criminal  investigation
or  criminal  prosecution of a person, that there is reasonable cause to
believe that such person is the subject of a  report,  and  that  it  is
reasonable to believe that due to the nature of the crime under investi-
gation  or prosecution, such person is the subject of a report, and that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD09078-07-6

S. 6384--A                          2

it is reasonable to believe that due to that nature of the  crime  under
investigation  or prosecution, such records may be related to the crimi-
nal investigation or prosecution; or
  (ii)  such  CRIMINAL  JUSTICE agency REQUESTS SUCH INFORMATION STATING
THAT: SUCH AGENCY is conducting an  investigation  of  a  missing  child
[where]; such agency has reason to suspect such child's parent, guardian
or  other  person  legally  responsible  for such child is OR MAY BE the
subject of a report, or, such child or such child's sibling is OR MAY BE
another person named in a report of child abuse or maltreatment and that
ANY such information is OR MAY BE needed to further such investigation[.
If, upon an initial determination made by the  office  of  children  and
family  services  or  local  social  services  district pursuant to this
clause, it is determined that such reports, information  or  photographs
are  not  available  to  such  criminal  justice agency pursuant to this
subdivision, the criminal justice agency  conducting  the  investigation
may  contact  the  office of children and family services and request an
immediate administrative review by a supervisor or designated  employee,
as  applicable, pursuant to paragraph (E) of this subdivision. The local
social services district shall provide the criminal justice agency  with
the most expedient and appropriate method to contact the office of chil-
dren  and  family  services  in  order to request such review. Once such
request is received, and after consultation with the requesting criminal
justice agency, the individual designated pursuant to paragraph  (E)  of
this  subdivision  shall immediately review the request and determine de
novo whether the provisions of this clause apply and, therefore,  access
to  the  requested materials should be granted. If it is determined that
the criminal justice agency may have access to the requested  materials,
such  materials  shall  be supplied by the office of children and family
services or directed  to  be  supplied  by  the  local  social  services
district   in   possession  of  such  materials  immediately  after  the
completion of such administrative review];
  S 3. Paragraph (E) of subdivision 4  of  section  422  of  the  social
services  law,  as  added  by a chapter of the laws of 2015 amending the
social services law relating to the statewide central register of  child
abuse  and  maltreatment,  as  proposed  in  legislative  bills  numbers
S.3520-A and A.5803, is REPEALED.
  S 4. This act shall take effect on the  same  date  and  in  the  same
manner as a chapter of the laws of 2015 amending the social services law
relating  to the statewide central register of child abuse and maltreat-
ment, as proposed in legislative bills numbers S.3520-A and A.5803.