S T A T E O F N E W Y O R K
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5377
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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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.