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

                                  5377

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  ERRIGO, CALHOUN, CROUCH, McDONOUGH, TOBACCO,
  WALKER, FINCH -- Multi-Sponsored by  --  M.  of  A.  BARCLAY,  DUPREY,
  RABBITT,  SPANO -- read once and referred to the Committee on Children
  and Families

AN ACT to amend the social services law, in relation to  making  reports
  from  the  statewide  central register of child abuse and maltreatment
  available to probation services

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

  Section  1.  Subparagraph  (k)  of  paragraph  (A) of subdivision 4 of
section 422 of the social services law, as amended by chapter 12 of  the
laws of 1996, is amended to read as follows:
  (k)  a probation service conducting an investigation pursuant to arti-
cle three or seven or section six  hundred  fifty-three  of  the  family
court  act  where  there  is  reason to suspect the child or the child's
sibling may have been abused or maltreated and such  child  or  sibling,
parent,  guardian or other person legally responsible for the child is a
person named in an indicated report of child abuse or  maltreatment  and
that  such information is necessary for the making of a determination or
recommendation to the court; or a probation service regarding  a  person
about  whom  it is conducting an investigation pursuant to article three
hundred ninety of the criminal procedure law, or a probation service  or
the  state  division of parole regarding a person to whom the service or
division is providing supervision pursuant to article sixty of the penal
law or section two hundred fifty-nine-a of the executive law, where  the
subject  of  investigation or supervision has been convicted of a felony
under article one hundred twenty,  one  hundred  twenty-five  [or],  one
hundred thirty-five, TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE of the
penal law or any felony or misdemeanor under article one hundred thirty,
two  hundred  thirty-five,  two hundred forty-five, two hundred sixty or
two hundred sixty-three of the penal law, or has been indicted  for  any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05851-01-9
              

A. 5377                             2

such  felony  and,  as a result, has been convicted of a crime under the
penal law, where the service or division requests the information upon a
certification that such information is necessary to conduct its investi-
gation, that there is reasonable cause to believe that the subject of an
investigation  is  the  subject of an indicated report and that there is
reasonable cause to believe that  such  records  are  necessary  to  the
investigation  by the probation service or the state division of parole,
provided, however, that only indicated reports shall be furnished pursu-
ant to this subdivision;
  S 2. This act shall take effect immediately.