S T A T E O F N E W Y O R K
________________________________________________________________________
2448
2009-2010 Regular Sessions
I N S E N A T E
February 20, 2009
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Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Children 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
(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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09574-01-9
S. 2448 2
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.