NY State Senate Bill 2015-S5331

Senate Bill S5331

2015-2016 Legislative Session

Relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings; repealer

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to children and families
May 13, 2015	referred to children and families

2015-S5331 (ACTIVE) - Details

See Assembly Version of this Bill:: A9992
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§1017, 1055 & 1089, rpld §1055 sub (b) ¶(i) sub¶ (E), Fam Ct Act; amd §358-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4081, A2599
2017-2018: S4763, A7558
2019-2020: S6215

2015-S5331 (ACTIVE) - Summary

Relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings.

2015-S5331 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5331

TITLE  OF  BILL:    An  act to amend the family court act and the social
services law, in relation  to  notice  of  indicated  reports  of  child
maltreatment  and changes of placement in child protective and voluntary
foster care placement and review  proceedings;  and  to  repeal  certain
provisions  of  the  family  court act, in relation to technical changes
thereto

This is one in a series of measures being introduced at the  request  of
the  Chief  Administrative  Judge  upon the recommendation of her Family
Court Advisory and Rules Committee.

This measure would amend provisions of the  Family  Court  Act  and  the
Social  Services  Law  to  ensure  that  parties to child protective and
voluntary foster care placement and review proceedings and the attorneys
for affected children are promptly informed of any changes in  placement
and  of  any  indicated  reports  of maltreatment that may warrant court
intervention.

Reflecting a pronounced legislative trend  at  both  Federal  and  State
levels,  the  ongoing  oversight responsibility of the Family Court with
respect to children in foster care has increased sharply in the past two
decades, culminating in passage of the Federal Adoption and  Safe  Fami-
lies Act of 1997 (Public Law 105-89), its state implementing legislation
(L.1999,  c.  7), the landmark New York State permanency law (L.2005, c.

3) and, most  recently,  the  Federal  Preventing  Sex  Trafficking  and
Strengthening  Families  Act  (Public Law 113-183). Both the Federal and
State Adoption and Safe Families Acts emphasize  that  child  safety  is
paramount,  compelling the conclusion that the court and parties must be
informed promptly of all events affecting child safety, especially indi-
cated reports of abuse or maltreatment.   Recognizing that  children  in
foster  care  are at significant risk of becoming victims of human traf-
ficking, Public Law 113-183 reinforces that conclusion,  in  particular,
with respect to children who abscond.

Equally  important,  the  Federal  ASFA  measures  success  in  terms of
outcomes, i.e.,  the  States'  ability  to  reach  Federally-established
targets  for  timely  achievement of permanency for children. The second
"Child and Family Service Review  (CFSR),"  conducted  by  the  Adminis-
tration  for  Children  and  Families of the United States Department of
Health and Human Services (HHS) in 2008, concluded that New  York  State
again  ranked among the lowest scores in the nation and demonstrated how
far the State needs to progress in order to  achieve  Federal  targets.*
Legislative  action  is  thus  compelled  in order to ensure that Family
Courts can exercise their important monitoring functions on the basis of
complete, timely information. The 2005 permanency legislation, with  its
salutary  provisions for continuing jurisdiction, was an important step,
but further legislation is necessary to ensure that information  regard-
ing  the  most compelling of circumstances is conveyed to the Court, the
child's attorney and the parties on a timely basis in order to bring New
York State into compliance with ASFA.

This measure would supply the necessary reform. It would amend  sections
1055  and  1089 of the Family Court Act, as well as section 358-a of the
Social Services Law, to require an agency with which a  child  has  been
placed,  either  voluntarily or as a result of an abuse or neglect find-
ing,  or  to  whom  guardianship  and  custody has been transferred as a
result of the child being freed for adoption, to report to the  attorney
for  the  child  not later than ten days in advance of any change in the
child's placement status and not later than the next business day in any
case in which  an  emergency  placement  change  has  been  made.  These
provisions  are consistent with the recently issued policy directives of
the State Office of Children and Family Services and the New  York  City
Administration  for  Children's  Services,  but  would have the stronger
force of statute.**

The measure adds two important requirements not  contained  in  the  new
agency  policies.  First,  it  requires a report within five days of the
date that any report of abuse or maltreatment is found to be  indicated.
Indicated reports include those naming the child and, where the subjects
of  the  reports  involve  the  person  or persons caring for the child,
reports naming other children in the  home.  It  contains  an  important
proviso  that  such  reports  notify the recipients that the information
shall be kept confidential, shall be used only in  connection  with  the
child  protective,  foster  care or related proceedings under the Family
Court Act and may not be  re-disclosed  except  as  necessary  for  such
proceeding  or proceedings and as authorized by law. Second, recognizing
that fairness also compels such notifications to be made to  the  attor-
neys  for  all  parties,  not simply the attorneys for the children, the
measure requires that both notices of changes in placement and indicated
child maltreatment reports  be  conveyed  to  attorneys  for  the  birth
parents  except  in cases involving children freed for adoption. The two
types of reports, in fact, are related, as the existence of an indicated
report of maltreatment may bear directly upon  the  suitability  o  f  a
planned  status  change.  Indeed, there have been instances in which the
existence of indicated child abuse reports has not come to  light  until
the point of finalization of adoptions.

Significantly,  this  measure  is fully responsive to concerns raised in
the Governor's Veto Message regarding A 8418, a bill requiring notifica-
tion to children's attorneys of changes in placement  that  passed  both
houses  of  the  Legislature  in  2010. First, by explicitly authorizing
electronic transmittal of notices,  the  measure  minimizes  the  burden
imposed upon placement agencies. Second, since notifications are sent to
the  attorneys  but  not  to  the courts, the measure insures that court
intervention would only occur in the rare cases in which an  application
is made by one of the attorneys.

In  few  areas of Family Court's functioning is its continuing jurisdic-
tion as critical as in child welfare, where complex decisions  regarding
children  must  be  adjusted to the dynamic of their constantly changing
needs and circumstances. Federal and State statutes emphasize that child
safety must be  deemed  the  paramount  consideration  and  that  timely
achievement  of  permanence must be the central goal. Not only are these

matters of statutory imperative, but they are also determinative of  the
State's  eligibility for over $500 million of annual Federal foster care
aid. Prompt receipt by the Court, the parties and attorneys for children
of  information regarding a child's ever-changing circumstances, both as
to any child maltreatment suffered by the child and as to changes in the
child's placement, is vital to the  effective  exercise  of  the  Family
Court's  continuing  jurisdiction  and  is  a  critical component of the
State's ability to comply with the ASFA funding eligibility mandates.

Changes in placement  covered  by  the  notification  requirement  would
include,  but not be limited to, cases in which the child has been moved
from the foster or pre-adoptive home or program into which he or she has
been placed, cases in which the foster or pre-adoptive parents move  out
of  state  with  the  child  and, with respect to children not freed for
adoption, cases in which a trial or final discharge of  the  child  from
foster  care  has  been  made.  The report of a change in placement must
provide enough information for litigants  and  Family  Court  to  assess
whether  further  judicial  intervention may be warranted. It must state
the reasons for the change, as well as  the  grounds  for  the  agency's
conclusion  that change is in the child's best interests. This notifica-
tion requirement does not contemplate court action in  every  case;  nor
does  it  interfere  with  the discretion of social services agencies to
make necessary changes.

Both the Adoption and Safe Families Act  and  recent  permanency  legis-
lation increased the frequency of judicial reviews of children in foster
care,  thus  minimizing  the problem of stale information.  However, the
ability of the Family Court and of the litigants to respond  effectively
is  seriously  impeded  -  and  harm  to children may be compounded - if
information regarding significant changes in  status  of  the  children,
and, importantly, indicated reports of neglect or abuse of the children,
is  not  conveyed  to parties until the next permanency hearing, often a
delay of several months. This measure will facilitate  timely,  informed
responses to changes in children's placements and incidents of maltreat-
ment,  thus prompting more expeditious and effective resolution of their
cases.

This measure, which would have no fiscal impact upon  the  State,  would
take  effect  immediately,  provided  that sections one, three, four and
five of this act shall take effect on  the  one  hundred  twentieth  day
after  it shall have become a law; and provided further that section two
of this act shall be deemed to have taken effect on  the  same  date  as
section one of chapter 342 of the laws of 2010, took effect.

REPEAL NOTE:

Section  67  of  chapter 41 of the laws of 2010 contains language incon-
sistent with language in chapter 342 of the laws of 2010.

2013-14 Legislative History:   Senate 4081-B (Sen. Felder) (ref to
                               Children and Families)

                               Assembly  2599-B  (M.   of   A.   Paulin)
(Passed)

2011-12 Legislative History:   Senate 5456 (Sen. Savino) (committed to
                               Rules)
                               Assembly 7598 (M. of A. Paulin) (Passed)
                               Assembly   2602-B   (M.   of  A.  Paulin)
(Passed)

2012 Legislative History:      Senate 7581 (Sen. Gallivan) (Rules)
                               Assembly 10520 (Committee on Rules,
                               at request of M. of A. Paulin, et
                               at) (Codes)


*As in 2001, New York State scored poorly in the time  for  children  to
achieve  permanency.  See  Final Report of the Child and Family Services
Review  of  New  York   State.   Executive   Summary,   p.   2   (March,
2009)(available                                                       at
http://www.acfhhs.gov/programs/cb/cwrp/executive/ny/html)

**N.Y.S. Office of Children and Family Services,  "Notice  of  Placement
Change    to   Attorneys   for   Children,"   Administrative   Directive
 10-0CFS-ADM-16 (Dec 14, 2010); Memorandum of John B. Mattingly, Commis-
sioner, N Y.C.Administration for Children's Services,  entitled  "Notice
of Placement Change to Attorneys for Children," dated Aug.  30, 2010.

2015-S5331 (ACTIVE) - Bill Text download pdf

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

                                  5331

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  notice  of  indicated  reports of child maltreatment and
  changes of placement in child protective  and  voluntary  foster  care
  placement  and review proceedings; and to repeal certain provisions of
  the family court act, in relation to technical changes thereto

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

  Section 1. Section 1017 of the family court act is amended by adding a
new subdivision 5 to read as follows:
  5.  IN  ANY  CASE  IN  WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS
ARTICLE REMANDING OR PLACING A CHILD IN THE CUSTODY OF THE LOCAL  SOCIAL
SERVICES  DISTRICT,  THE  SOCIAL  SERVICES OFFICIAL OR AUTHORIZED AGENCY
CHARGED WITH CUSTODY OR CARE OF THE CHILD SHALL REPORT  ANY  ANTICIPATED
CHANGE  IN  PLACEMENT  TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY
FOR THE CHILD NOT LATER THAN TEN DAYS PRIOR TO SUCH CHANGE IN  ANY  CASE
IN  WHICH  THE CHILD IS MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH
HE OR SHE HAS BEEN PLACED OR IN WHICH THE FOSTER  PARENTS  MOVE  OUT  OF
STATE  WITH THE CHILD; PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE
OF PLACEMENT ON AN EMERGENCY BASIS IS  REQUIRED,  THE  REPORT  SHALL  BE
TRANSMITTED  NO  LATER  THAN  THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN
PLACEMENT HAS BEEN MADE. THE  SOCIAL  SERVICES  OFFICIAL  OR  AUTHORIZED
AGENCY  SHALL  ALSO SUBMIT A REPORT TO THE ATTORNEYS FOR THE PARTIES AND
THE ATTORNEY FOR THE CHILD OR INCLUDE IN THE PLACEMENT CHANGE REPORT ANY
INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT OR CONCERNING THE  CHILD
OR (IF A PERSON OR PERSONS CARING FOR THE CHILD IS OR ARE THE SUBJECT OF
THE REPORT) ANOTHER CHILD IN THE SAME HOME WITHIN FIVE DAYS OF THE INDI-
CATION  OF  THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDEN-
TIALITY OF IDENTIFYING OR ADDRESS INFORMATION REGARDING  THE  FOSTER  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09818-02-5

S. 5331                             2

PROSPECTIVE  ADOPTIVE  PARENTS.   REPORTS REGARDING INDICATED REPORTS OF
CHILD ABUSE OR MALTREATMENT PROVIDED PURSUANT TO THIS SUBDIVISION  SHALL
INCLUDE  A  STATEMENT  ADVISING  RECIPIENTS THAT THE INFORMATION IN SUCH
REPORT  OF CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL, SHALL
BE USED ONLY IN CONNECTION WITH  A  PROCEEDING  UNDER  THIS  ARTICLE  OR
RELATED  PROCEEDINGS UNDER THIS ACT AND MAY NOT BE REDISCLOSED EXCEPT AS
NECESSARY FOR SUCH PROCEEDING OR PROCEEDINGS AND AS AUTHORIZED  BY  LAW.
REPORTS  UNDER  THIS  PARAGRAPH  MAY  BE  TRANSMITTED BY ANY APPROPRIATE
MEANS, INCLUDING, BUT NOT LIMITED TO, BY ELECTRONIC MEANS  OR  PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT.
  S  2.  Subparagraph (E) of paragraph (i) of subdivision (b) of section
1055 of the family court act, as amended by chapter 41 of  the  laws  of
2010, is REPEALED.
  S  3.  Section 1055 of the family court act is amended by adding a new
subdivision (j) to read as follows:
  (J) IN ANY CASE IN WHICH AN ORDER HAS BEEN  ISSUED  PURSUANT  TO  THIS
SECTION  PLACING  A  CHILD IN THE CUSTODY OR CARE OF THE COMMISSIONER OF
SOCIAL SERVICES, THE  SOCIAL  SERVICES  OFFICIAL  OR  AUTHORIZED  AGENCY
CHARGED WITH CUSTODY OF THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN
PLACEMENT  TO  THE  ATTORNEYS  FOR  THE PARTIES AND THE ATTORNEY FOR THE
CHILD NOT LATER THAN TEN DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN  WHICH
THE  CHILD IS MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE
HAS BEEN PLACED OR IN WHICH THE FOSTER PARENTS MOVE OUT  OF  STATE  WITH
THE  CHILD;  PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACE-
MENT ON AN EMERGENCY BASIS IS REQUIRED, THE REPORT SHALL BE  TRANSMITTED
NO  LATER  THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS
BEEN MADE. THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL  ALSO
SUBMIT  A  REPORT  TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR
THE CHILD OR INCLUDE IN THE PLACEMENT CHANGE REPORT ANY INDICATED REPORT
OF CHILD ABUSE OR MALTREATMENT CONCERNING THE CHILD OR (IF A  PERSON  OR
PERSONS CARING FOR THE CHILD IS OR ARE THE SUBJECT OF THE REPORT) ANOTH-
ER  CHILD  IN  THE  SAME  HOME WITHIN FIVE DAYS OF THE INDICATION OF THE
REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDENTIALITY OF  IDEN-
TIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE ADOP-
TIVE  PARENTS.  REPORTS  REGARDING  INDICATED  REPORTS OF CHILD ABUSE OR
MALTREATMENT PROVIDED PURSUANT  TO  THIS  SUBDIVISION  SHALL  INCLUDE  A
STATEMENT  ADVISING  RECIPIENTS  THAT  THE INFORMATION IN SUCH REPORT OF
CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL,  SHALL  BE  USED
ONLY  IN  CONNECTION  WITH  A  PROCEEDING  UNDER THIS ARTICLE OR RELATED
PROCEEDINGS UNDER THIS ACT AND MAY NOT BE REDISCLOSED EXCEPT  AS  NECES-
SARY  FOR  SUCH  PROCEEDING  OR  PROCEEDINGS  AND  AS AUTHORIZED BY LAW.
REPORTS UNDER THIS PARAGRAPH  MAY  BE  TRANSMITTED  BY  ANY  APPROPRIATE
MEANS,  INCLUDING,  BUT NOT LIMITED TO, BY ELECTRONIC MEANS OR PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT.
  S 4. Subparagraph (vii) of paragraph 2 of subdivision (d)  of  section
1089  of  the  family court act is amended by adding a new clause (H) to
read as follows:
  (H) A DIRECTION THAT THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY
CHARGED WITH CARE AND CUSTODY OR GUARDIANSHIP AND CUSTODY OF THE  CHILD,
AS  APPLICABLE, REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE ATTOR-
NEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER  THAN  TEN
DAYS  PRIOR  TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS MOVED FROM
THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN  PLACED  OR  IN
WHICH  THE  FOSTER  PARENTS  MOVE OUT OF STATE WITH THE CHILD; PROVIDED,
HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF  PLACEMENT  ON  AN  EMERGENCY
BASIS  IS  REQUIRED,  THE  REPORT SHALL BE TRANSMITTED NO LATER THAN THE

S. 5331                             3

NEXT BUSINESS DAY AFTER SUCH CHANGE IN  PLACEMENT  HAS  BEEN  MADE.  THE
SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT
TO  THE  ATTORNEYS  FOR  THE  PARTIES  AND THE ATTORNEY FOR THE CHILD OR
INCLUDE  IN  THE  PLACEMENT  CHANGE REPORT ANY INDICATED REPORT OF CHILD
ABUSE OR MALTREATMENT CONCERNING THE CHILD OR (IF A  PERSON  OR  PERSONS
CARING  FOR THE CHILD IS OR ARE THE SUBJECT OF THE REPORT) ANOTHER CHILD
IN THE SAME HOME WITHIN FIVE DAYS OF THE INDICATION OF THE  REPORT.  THE
OFFICIAL  OR  AGENCY  MAY  PROTECT THE CONFIDENTIALITY OF IDENTIFYING OR
ADDRESS  INFORMATION  REGARDING  THE  FOSTER  OR  PROSPECTIVE   ADOPTIVE
PARENTS. REPORTS UNDER THIS PARAGRAPH SHALL NOT BE SENT TO ATTORNEYS FOR
BIRTH  PARENTS  WHOSE  PARENTAL  RIGHTS HAVE BEEN TERMINATED OR WHO HAVE
SURRENDERED THEIR CHILD OR CHILDREN. REPORTS REGARDING INDICATED REPORTS
OF CHILD ABUSE OR MALTREATMENT PROVIDED  PURSUANT  TO  THIS  SUBDIVISION
SHALL  INCLUDE  A  STATEMENT ADVISING RECIPIENTS THAT THE INFORMATION IN
SUCH REPORT OF CHILD ABUSE OR MALTREATMENT SHALL BE  KEPT  CONFIDENTIAL,
SHALL BE USED ONLY IN CONNECTION WITH A PROCEEDING UNDER THIS ARTICLE OR
RELATED  PROCEEDINGS UNDER THIS ACT AND MAY NOT BE REDISCLOSED EXCEPT AS
NECESSARY FOR SUCH PROCEEDING OR PROCEEDINGS AND AS AUTHORIZED  BY  LAW.
REPORTS  UNDER  THIS  PARAGRAPH  MAY  BE  TRANSMITTED BY ANY APPROPRIATE
MEANS, INCLUDING, BUT NOT LIMITED TO, BY ELECTRONIC MEANS  OR  PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT; AND
  S  5.  Subdivision  3  of  section 358-a of the social services law is
amended by adding a new paragraph (g) to read as follows:
  (G) IN ANY CASE IN WHICH AN ORDER HAS BEEN  ISSUED  PURSUANT  TO  THIS
SECTION  APPROVING  A  FOSTER  CARE  PLACEMENT  INSTRUMENT,  THE  SOCIAL
SERVICES OFFICIAL OR AUTHORIZED AGENCY CHARGED WITH CUSTODY OR  CARE  OF
THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE ATTOR-
NEYS  FOR  THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN
DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS  MOVED  FROM
THE  FOSTER  HOME  OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED OR IN
WHICH THE FOSTER PARENTS MOVE OUT OF STATE  WITH  THE  CHILD;  PROVIDED,
HOWEVER,  THAT  WHERE  AN  IMMEDIATE CHANGE OF PLACEMENT ON AN EMERGENCY
BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED  NO  LATER  THAN  THE
NEXT  BUSINESS  DAY  AFTER  SUCH CHANGE IN PLACEMENT HAS BEEN MADE.  THE
SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT
TO THE ATTORNEYS FOR THE PARTIES AND  THE  ATTORNEY  FOR  THE  CHILD  OR
INCLUDE  IN  THE  PLACEMENT  CHANGE REPORT ANY INDICATED REPORT OF CHILD
ABUSE OR MALTREATMENT CONCERNING THE CHILD OR (IF A  PERSON  OR  PERSONS
CARING  FOR  THE  CHILD  IS OR ARE THE SUBJECT OF THE REPORT) CONCERNING
ANOTHER CHILD IN THE SAME HOME WITHIN FIVE DAYS OF THE INDICATION OF THE
REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDENTIALITY OF  IDEN-
TIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE ADOP-
TIVE  PARENTS.    REPORTS  REGARDING INDICATED REPORTS OF CHILD ABUSE OR
MALTREATMENT PROVIDED PURSUANT  TO  THIS  SUBDIVISION  SHALL  INCLUDE  A
STATEMENT  ADVISING  RECIPIENTS  THAT  THE INFORMATION IN SUCH REPORT OF
CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL,  SHALL  BE  USED
ONLY  IN  CONNECTION  WITH  A  PROCEEDING  UNDER THIS SECTION OR RELATED
PROCEEDINGS UNDER THE FAMILY COURT ACT AND MAY NOT BE REDISCLOSED EXCEPT
AS NECESSARY FOR SUCH PROCEEDING OR PROCEEDINGS  AND  AS  AUTHORIZED  BY
LAW.  REPORTS UNDER THIS PARAGRAPH MAY BE TRANSMITTED BY ANY APPROPRIATE
MEANS,  INCLUDING,  BUT NOT LIMITED TO, BY ELECTRONIC MEANS OR PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT.
  S 6. This act shall take effect immediately,  provided  that  sections
one,  three,  four  and  five  of  this act shall take effect on the one
hundred twentieth day after it shall have become a law; provided, howev-
er, that section two of this act shall be deemed to have taken effect on

S. 5331                             4

the same date as section 1 of chapter 342 of  the  laws  of  2010,  took
effect;  and,  provided  further,  effective  immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its  effective date is authorized and
directed to be completed on or before such effective date.
  REPEAL NOTE: Subparagraph (E) of paragraph (i) of subdivision  (b)  of
section  1055 of the family court act, as amended by section 67 of chap-
ter 41 of the laws of 2010 contains language inconsistent with  language
in chapter 342 of the laws of 2010.

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