BILL NUMBER: S1539

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the social services law, in relation to disclosure of
information pertaining to a child abuse and neglect investigation

 
PURPOSE:

This bill would prohibit prosecuting any city or county social services
commissioner for disclosing information pertaining to a child abuse or
maltreatment investigation if done so in good faith adherence to New
York State law.

 
SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill adds a new paragraph 8 to Section 422-a of the
Social Services Law to prohibit prosecuting any city or county social
services commissioner for disclosing information pertaining to a child
abuse or maltreatment investigation if done in good faith adherence to
              

the standards contained in Section 422-a of such law.

Section 2: Effective Date.

 
JUSTIFICATION:

Section 422-a of Social Services law provides criteria that, if met,
allows a city or county social services commissioner to disclose infor-
mation pertaining to a child abuse or maltreatment investigation.

In enacting Section 422-a in Section 1 of Chapter 12 of the Laws of 1996
the Legislature stated:

"Legislative Intent. The legislature finds that the deaths of children
due to abuse, neglect and maltreatment, despite the involvement of
government agencies charged with protecting children is intolerable and
unacceptable, and finds equally unacceptable laws which bar legitimate
and appropriate inquiries about activities of such agencies in these
cases, for they frustrate the ability of the legislature to set informed
policy and act in an appropriate oversight capacity; impair the ability
of independent government agencies to determine the effectiveness of
services, staff and funding; corrode public trust; and undermine the
right of the public to determine whether abused children are being
adequately protected.

"The legislature therefore finds a compelling need to reform the confi-
dentiality laws and declares its intent, by enactment of this act, to
increase the capacity for oversight and monitoring of the child welfare
system, and to increase information available, to the public and to
increase accountability among the agencies involved in the system.

"The legislature finds that the privacy of children and their families
in abuse, neglect and maltreatment cases must be safeguarded, but that
the interests of children, their families and the public are best
protected by increased knowledge and oversight concerning the system,
and by greater accountability, and therefore declares that such privacy
must be balanced with appropriate release of information concerning such
cases."
The legislative intent to allow a balancing of privacy issues with the
need for the legislature and public to know what occurred in certain
cases has never been realized. The criminal penalty for improper disclo-
sure contained in Section 422 of the Social Services Law along with the
interpretation of the law by the Office of Children and Families has
created a chilling effect that thwarts the intent of Section 422-a.

By removing the threat of criminal prosecution, Commissioners of Social
Services who make a good faith effort to comply with Section 422-a of
the Social Services Law will be able to exercise their own best judgment
regarding the balancing that is called for by the Legislature without
fear of being prosecuted.

This is one in a series of measures being introduced at the request of
the Erie County Executive upon the recommendation of the county's
Commissioner of Social Services to improve the provision of child
protective services to New York's children and families.

 
LEGISLATIVE HISTORY:

S.7127/A.9437 as of 2013/2014
S.2122/A.3022 as of 2015/2016
S.665/A.2160 Died in Rules as of 2017/2018

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.