Assembly Bill A9166

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

                                  9166

                          I N  A S S E M B L Y

                            February 1, 2016
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Children and Families

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REPEALED.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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09078-06-6
              

A. 9166                             2

  (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.