S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6427--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 10, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the social services law, in relation to the standard of
   proof for unfounded and indicated reports of abuse or maltreatment and
   the admissibility of reports of child abuse and maltreatment;  and  to
   amend the social services law and the family court act, in relation to
   the  administration  of  the statewide central register of child abuse
   and maltreatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 6 and 7 of section 412 of the social services
 law, as added by chapter 1039 of the laws of 1973 and as  renumbered  by
 chapter 323 of the laws of 2008, are amended to read as follows:
   6.  An "unfounded report" means any report made pursuant to this title
 unless an investigation determines that [some credible evidence] A  FAIR
 PREPONDERANCE OF EVIDENCE of the alleged abuse or maltreatment exists;
   7. An "indicated report" means a report made pursuant to this title if
 an investigation determines that [some credible evidence] A FAIR PREPON-
 DERANCE OF EVIDENCE of the alleged abuse or maltreatment exists.
   §  2.  Section 651-a of the family court act, as amended by chapter 12
 of the laws of 1996, is amended to read as follows:
   § 651-a. Reports of child abuse and  maltreatment;  admissibility.  In
 any proceeding brought pursuant to this section to determine the custody
 or visitation of minors, a report made to the statewide central register
 of child abuse and maltreatment, pursuant to title six of article six of
 the social services law, or a portion thereof, which is otherwise admis-
 sible  as a business record pursuant to rule forty-five hundred eighteen
 of the civil practice law and rules shall not be admissible in evidence,
 notwithstanding such  rule,  unless  an  investigation  of  such  report
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13104-04-9

 S. 6427--A                          2
 
 conducted  pursuant  to  title six of article six of the social services
 law has determined that there is [some credible] A FAIR PREPONDERANCE OF
 evidence of the alleged abuse or maltreatment, that the subject  of  the
 report  has  been notified that the report is indicated. In addition, if
 such report has been  reviewed  by  the  state  commissioner  of  social
 services  or  his  designee  and has been determined to be unfounded, it
 shall not be admissible in evidence. If such report has been so reviewed
 and has been amended to delete any finding, each  such  deleted  finding
 shall not be admissible. If the state commissioner of social services or
 his  designee  has  amended the report to add any new finding, each such
 new finding, together with  any  portion  of  the  original  report  not
 deleted  by  the commissioner or his designee, shall be admissible if it
 meets the other requirements of this section and is otherwise admissible
 as a business record. If such a report, or portion thereof, is  admissi-
 ble  in  evidence  but  is uncorroborated, it shall not be sufficient to
 make a fact finding of abuse or maltreatment  in  such  proceeding.  Any
 other  evidence  tending to support the reliability of such report shall
 be sufficient corroboration.
   § 3. Paragraph (c) of subdivision 2  of  section  421  of  the  social
 services  law, as amended by chapter 718 of the laws of 1986, is amended
 to read as follows:
   (c) issue guidelines to assist local child protective services in  the
 interpretation  and assessment of reports of abuse and maltreatment made
 to the statewide central register  described  in  section  four  hundred
 twenty-two  of  this article. Such guidelines shall include information,
 standards and criteria for [the identification  of  credible]  ASSESSING
 WHETHER  A FAIR PREPONDERANCE OF evidence of alleged abuse and maltreat-
 ment EXISTS AS required to determine whether a report may be indicated.
   § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  5  of
 section  422 of the social services law, as amended by section 7 of part
 D of chapter 501 of the laws of 2012, is amended to read as follows:
   Unless an investigation of a report conducted pursuant to  this  title
 determines  that  there  is  [some  credible]  A  FAIR  PREPONDERANCE OF
 evidence of the alleged abuse or maltreatment, all information identify-
 ing the subjects of the report and other persons  named  in  the  report
 shall  be legally sealed forthwith by the central register and any local
 child protective services or the state  agency  which  investigated  the
 report. Such unfounded reports may only be unsealed and made available:
   §  5.  Paragraph  (c)  of  subdivision  5 of section 422 of the social
 services law, as added by chapter 555 of the laws of 2000, is amended to
 read as follows:
   (c) Notwithstanding any other provision of law, the office of children
 and family services may, in its discretion, grant a request  to  expunge
 an unfounded report where: (i) the source of the report was convicted of
 a  violation  of subdivision three of section 240.55 of the penal law in
 regard to such report; or (ii) the subject of the report presents  clear
 and  convincing  evidence  that  affirmatively refutes the allegation of
 abuse or maltreatment; provided however, that the absence of  [credible]
 A  FAIR  PREPONDERANCE OF evidence supporting the allegation of abuse or
 maltreatment shall not be the sole basis to expunge the report.  Nothing
 in  this  paragraph  shall  require  the  office  of children and family
 services to hold  an  administrative  hearing  in  deciding  whether  to
 expunge  a report. Such office shall make its determination upon review-
 ing the written evidence submitted by the subject of the report and  any
 records  or  information  obtained  from the state or local agency which
 investigated the allegations of abuse or maltreatment.

 S. 6427--A                          3
 
   § 6. Subdivision 6 of section 422  of  the  social  services  law,  as
 amended  by  section  7 of part D of chapter 501 of the laws of 2012, is
 amended to read as follows:
   6.  In  all  other  cases,  the  record of the report to the statewide
 central register shall be expunged ten years after the eighteenth birth-
 day of the youngest child named in  the  report.  PROVIDED  HOWEVER,  IN
 CASES WHERE THE REPORT WAS INDICATED FOR MALTREATMENT, THE RECORD OF THE
 REPORT  TO  THE STATEWIDE CENTRAL REGISTER SHALL BE CONDITIONALLY SEALED
 EIGHT YEARS AFTER THE REPORT IS RECEIVED BY THE STATEWIDE CENTRAL REGIS-
 TER, SO LONG AS THERE  ARE  NO  OTHER  INDICATED  REPORTS  OF  ABUSE  OR
 MALTREATMENT  WITH  SUCH  INDIVIDUAL NAMED AS THE SUBJECT OF THE REPORT.
 PROVIDED, FURTHER, THAT IF SUCH INDIVIDUAL IS NAMED AS THE SUBJECT OF  A
 REPORT  IN  ANY SUBSEQUENT INDICATED ABUSE OR MALTREATMENT REPORTS, SUCH
 RECORD SHALL BE IMMEDIATELY UNSEALED AND THE SUBSEQUENT INDICATED REPORT
 SHALL BE  INELIGIBLE  FOR  CONDITIONAL  SEALING.  REPORTS  CONDITIONALLY
 SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MAINTAINED IN THE STATEWIDE
 CENTRAL  REGISTER,  HOWEVER  SUCH  REPORTS  SHALL  NOT BE MADE AVAILABLE
 EXCEPT TO: (A) ENTITIES INCLUDED IN PARAGRAPH (A) OF SUBDIVISION FIVE OF
 THIS SECTION; (B) AUTHORIZED AGENCIES THAT ARE CONSIDERING LICENSING THE
 SUBJECT OF THE REPORT TO BECOME A FOSTER OR ADOPTIVE PARENT;  (C)  CHILD
 PROTECTIVE SERVICES THAT ARE CONSIDERING RECOMMENDING THE SUBJECT OF THE
 REPORT  AS  A  CUSTODIAL OR VISITATION RESOURCE; (D) HEAD START PROGRAMS
 WHICH ARE FUNDED PURSUANT TO TITLE V OF THE FEDERAL ECONOMIC OPPORTUNITY
 ACT OF 1964, EARLY INTERVENTION SERVICES ESTABLISHED PURSUANT TO SECTION
 TWENTY-FIVE HUNDRED FORTY OF THE PUBLIC HEALTH LAW,  PRESCHOOL  SERVICES
 ESTABLISHED  PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THE EDUCATION
 LAW AND CHILD DAY CARE PROVIDERS AS DEFINED  IN  SECTION  THREE  HUNDRED
 NINETY  OF  THIS ARTICLE FOR THE PURPOSES OF DETERMINING EMPLOYMENT, BUT
 ONLY FOR AN ADDITIONAL FOUR YEARS AFTER  SUCH  RECORD  IS  CONDITIONALLY
 SEALED;  AND  (E) THE COURT, UPON RECEIVING A RECOMMENDATION REGARDING A
 POTENTIAL FOSTER  OR  ADOPTIVE  PARENT  OR  A  CUSTODIAL  OR  VISITATION
 RESOURCE  FROM  A  CHILD  PROTECTIVE  SERVICE IF SUCH RECOMMENDATION WAS
 BASED IN ANY PART ON THE INDICATED REPORT. In the case  of  a  child  in
 residential  care  the  record  of  the  report to the statewide central
 register shall be expunged ten years after the  reported  child's  eigh-
 teenth  birthday.  In  any case and at any time, the commissioner of the
 office of children and family services may amend any  record  upon  good
 cause  shown  and notice to the subjects of the report and other persons
 named in the report.
   § 7. Paragraph (a) of subdivision 8  of  section  422  of  the  social
 services law, as amended by chapter 12 of the laws of 1996, and subpara-
 graph  (ii) as amended by chapter 323 of the laws of 2008, is amended to
 read as follows:
   (a) (i) At any time subsequent to the completion of the  investigation
 [but  in no event later than ninety days after the subject of the report
 is notified that the report is indicated] the subject  may  request  the
 commissioner  to  amend the record of the report.  [If] AFTER AN INITIAL
 REQUEST, SUBSEQUENT REQUESTS MAY BE MADE FOR THE PURPOSE OF  DETERMINING
 WHETHER,  DUE  TO A CHANGE IN THE SUBJECT'S CIRCUMSTANCES, THE INDICATED
 CASE CONTINUES TO BE RELEVANT AND REASONABLY RELATED PURSUANT TO SUBPAR-
 AGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION. SUCH EVALUATION  SHALL
 TAKE  PLACE  NO  MORE  THAN BIENNIALLY.   WHERE A PROCEEDING PURSUANT TO
 ARTICLE TEN OF THE FAMILY COURT ACT BASED ON THE SAME  ALLEGATIONS  THAT
 WERE  INDICATED  IS  PENDING, THE REQUEST TO AMEND SHALL BE STAYED UNTIL
 THE DISPOSITION OF SUCH FAMILY COURT PROCEEDING OR, IF THE  PETITION  IS
 DISMISSED  AT  THE  CONCLUSION  OF  AN  ADJOURNMENT  IN CONTEMPLATION OF

 S. 6427--A                          4
 
 DISMISSAL OR SUSPENDED JUDGMENT, AT SUCH TIME OF THE DISMISSAL, WHICHEV-
 ER IS LATER. UNLESS SUCH REQUEST HAS BEEN STAYED,  IF  the  commissioner
 does  not amend the report in accordance with such request within ninety
 days  of  receiving  the  request, the subject shall have the right to a
 fair hearing, held in accordance with paragraph (b) of this subdivision,
 to determine whether the record of the report in  the  central  register
 should  be  amended  on the grounds that it is inaccurate or it is being
 maintained in a manner inconsistent with this title.
   (ii) Upon receipt of a request to amend the record of  a  child  abuse
 and maltreatment report the office of children and family services shall
 immediately  send  a  written request to the child protective service or
 the state agency which was responsible for investigating the allegations
 of abuse or maltreatment for all records, reports and other  information
 maintained  by  the service or state agency pertaining to such indicated
 report. The service or state agency shall as expeditiously  as  possible
 but  within  no more than twenty working days of receiving such request,
 forward all records, reports and other information it maintains on  such
 indicated  report to the office of children and family services, INCLUD-
 ING A COPY OF ANY PETITION OR COURT ORDER BASED ON THE ALLEGATIONS  THAT
 WERE  INDICATED. [The] UNLESS SUCH REQUEST TO AMEND HAS BEEN STAYED, THE
 office of children and family services shall as expeditiously as  possi-
 ble but within no more than fifteen working days of receiving such mate-
 rials from the child protective service or state agency, review all such
 materials  in  its possession concerning the indicated report and deter-
 mine, after affording such service or state agency a reasonable opportu-
 nity to present its views, whether there is a fair preponderance of  the
 evidence  to  find  that  the subject committed the act or acts of child
 abuse or maltreatment giving rise to the indicated report  and  whether,
 based  on  guidelines  developed  by  the  office of children and family
 services pursuant to subdivision five of section  four  hundred  twenty-
 four-a  of this title, such act or acts could be relevant and reasonably
 related to employment of the subject of the report by a provider agency,
 as defined by subdivision three of section four hundred twenty-four-a of
 this title, or relevant and reasonably related to  the  subject  of  the
 report  being allowed to have regular and substantial contact with chil-
 dren who are cared for by a provider agency, or relevant and  reasonably
 related  to  the  approval or disapproval of an application submitted by
 the subject of the report to a licensing agency, as defined by  subdivi-
 sion four of section four hundred twenty-four-a of this title.
   (iii)  If  it  is determined at the review held pursuant to this para-
 graph [(a)] that there is [no credible]  NOT  A  FAIR  PREPONDERANCE  OF
 evidence in the record to find that the subject committed an act or acts
 of  child abuse or maltreatment, the [department] OFFICE OF CHILDREN AND
 FAMILY SERVICES shall amend the record to indicate that  the  report  is
 "unfounded" and notify the subject forthwith.
   (iv) If it is determined at the review held pursuant to this paragraph
 [(a)]  that there is [some credible] A FAIR PREPONDERANCE OF evidence in
 the record to find that the subject committed such act or acts but  that
 such  act  or  acts  could not be relevant and reasonably related to the
 employment of the subject by a provider agency or to the  subject  being
 allowed  to  have  regular and substantial contact with children who are
 cared for by a provider agency or the  approval  or  disapproval  of  an
 application which could be submitted by the subject to a licensing agen-
 cy,  the  [department]  OFFICE  OF CHILDREN AND FAMILY SERVICES shall be
 precluded from informing a provider or licensing agency which  makes  an
 inquiry  to  [the  department] SUCH OFFICE pursuant to the provisions of

 S. 6427--A                          5
 
 section four hundred twenty-four-a of this title concerning the  subject
 that  the  person  about  whom  the inquiry is made is the subject of an
 indicated report of child abuse or maltreatment. The [department] OFFICE
 OF  CHILDREN  AND  FAMILY SERVICES shall notify forthwith the subject of
 the report of such determinations and that a fair hearing has been sche-
 duled pursuant to paragraph (b) of this subdivision. The sole  issue  at
 such hearing shall be whether the subject has been shown by [some credi-
 ble]  A FAIR PREPONDERANCE OF evidence to have committed the act or acts
 of child abuse or maltreatment giving rise to the indicated report.
   (v) If it is determined at the review held pursuant to this  paragraph
 [(a)]  that there is [some credible] A FAIR PREPONDERANCE OF evidence in
 the record to prove that the subject committed an act or acts  of  child
 abuse  or  maltreatment  and that such act or acts could be relevant and
 reasonably related to the employment of the subject by a provider agency
 or to the subject being allowed to have regular and substantial  contact
 with  children  cared for by a provider agency or the approval or disap-
 proval of an application which could be submitted by the  subject  to  a
 licensing  agency,  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES shall notify forthwith the subject of the report of such deter-
 minations and that a fair hearing has been scheduled pursuant  to  para-
 graph (b) of this subdivision.
   §  8.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 8 of
 section 422 of the social services law, as amended by chapter 12 of  the
 laws of 1996, are amended to read as follows:
   (i) If the [department] OFFICE OF CHILDREN AND FAMILY SERVICES, [with-
 in  ninety  days  of] UPON receiving a request from the subject that the
 record of a report be amended, does not amend the record  in  accordance
 with  such  request,  [the department] SUCH OFFICE shall schedule a fair
 hearing and shall provide notice of the scheduled hearing  date  to  the
 subject,  the  statewide  central  register  and, as appropriate, to the
 child protective service or the  state  agency  which  investigated  the
 report.
   (ii)  The  burden  of  proof  in  such a hearing shall be on the child
 protective service or the state agency which investigated the report, as
 the case may be. In such a hearing, the fact  that  there  is  a  family
 court  finding  of  abuse or neglect against the subject in regard to an
 allegation contained in the report shall create an irrebuttable presump-
 tion that said allegation is substantiated by  [some  credible]  A  FAIR
 PREPONDERANCE OF evidence.  WHERE THE PETITIONING CHILD PROTECTIVE AGEN-
 CY  WITHDRAWS  WITH  PREJUDICE  AN ALLEGATION IN A PETITION, OR A FAMILY
 COURT FINDS ON THE MERITS THAT AN ALLEGATION DOES NOT  CONSTITUTE  ABUSE
 OR NEGLECT OR WAS NOT SUPPORTED BY A FAIR PREPONDERANCE OF THE EVIDENCE,
 OR  AN  ALLEGATION  HAS  BEEN  DISMISSED  AT THE CONCLUSION OF EITHER AN
 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL OR SUSPENDED JUDGMENT, IF SUCH
 ALLEGATION WAS THE SAME AS THE ALLEGATION IN AN  INDICATED  REPORT,  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL AMEND SUCH INDICATED REPORT
 TO BE UNFOUNDED.
   §  9.  Subparagraphs (i) and (ii) of paragraph (c) of subdivision 8 of
 section 422 of the social services law, as amended by chapter 12 of  the
 laws  of 1996, and the opening paragraph of subparagraph (ii) as amended
 by chapter 323 of the laws of 2008, are amended to read as follows:
   (i) If it is determined at the fair hearing that there is  [no  credi-
 ble] NOT A FAIR PREPONDERANCE OF evidence in the record to find that the
 subject  committed  an  act  or acts of child abuse or maltreatment, the
 [department] OFFICE OF CHILDREN AND  FAMILY  SERVICES  shall  amend  the
 record  to  reflect  that  such a finding was made at the administrative

 S. 6427--A                          6
 
 hearing, order any child protective service or state agency which inves-
 tigated the report to similarly amend its records  of  the  report,  and
 shall notify the subject forthwith of the determination.
   (ii)  Upon  a  determination  made at a fair hearing [held on or after
 January first, nineteen hundred eighty-six] scheduled  pursuant  to  the
 provisions of subparagraph (v) of paragraph (a) of this subdivision that
 the  subject  has  been shown by a fair preponderance of the evidence to
 have committed the act or acts of child  abuse  or  maltreatment  giving
 rise to the indicated report, the hearing officer shall determine, based
 on  guidelines  developed  by the office of children and family services
 pursuant to subdivision five of section four  hundred  twenty-four-a  of
 this title, whether such act or acts are relevant and reasonably related
 to  employment of the subject by a provider agency, as defined by subdi-
 vision three of section four hundred twenty-four-a  of  this  title,  or
 relevant  and  reasonably  related  to the subject being allowed to have
 regular and substantial contact with children who are  cared  for  by  a
 provider  agency  or  relevant and reasonably related to the approval or
 disapproval of an application submitted by the subject  to  a  licensing
 agency,  as  defined by subdivision four of section four hundred twenty-
 four-a of this title.
   Upon a determination made at a fair hearing that the act  or  acts  of
 abuse  or maltreatment are relevant and reasonably related to employment
 of the subject by a provider agency or the subject being allowed to have
 regular and substantial contact with children who are  cared  for  by  a
 provider agency or the approval or denial of an application submitted by
 the  subject  to a licensing agency, the [department] OFFICE OF CHILDREN
 AND FAMILY SERVICES shall notify the subject forthwith. The [department]
 OFFICE OF CHILDREN AND  FAMILY  SERVICES  shall  inform  a  provider  or
 licensing  agency which makes an inquiry to [the department] SUCH OFFICE
 pursuant to the provisions of section four hundred twenty-four-a of this
 title concerning the subject that the person about whom the  inquiry  is
 made is the subject of an indicated child abuse or maltreatment report.
   The  failure  to determine at the fair hearing that the act or acts of
 abuse and maltreatment  are  relevant  and  reasonably  related  to  the
 employment  of  the subject by a provider agency or to the subject being
 allowed to have regular and substantial contact with  children  who  are
 cared  for by a provider agency or the approval or denial of an applica-
 tion submitted by the subject to a licensing agency shall  preclude  the
 [department]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES from informing a
 provider or licensing agency which makes an inquiry to [the  department]
 SUCH  OFFICE  pursuant to the provisions of section four hundred twenty-
 four-a of this title concerning the subject that the person  about  whom
 the  inquiry  is  made  is  the  subject  of an indicated child abuse or
 maltreatment report.
   § 10. Paragraph (e) of subdivision 8 of  section  422  of  the  social
 services  law, as added by chapter 12 of the laws of 1996, is amended to
 read as follows:
   (e) Should the [department] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
 grant the request of the subject of the report pursuant to this subdivi-
 sion either through an administrative review or fair hearing to amend an
 indicated  report  to  an unfounded report[. Such], SUCH report shall be
 legally sealed and shall be released and expunged in accordance with the
 standards set forth in subdivision five of this section.
   § 11. Subparagraphs (i), (ii), (iii), and  (v)  of  paragraph  (e)  of
 subdivision 1 of section 424-a of the social services law, subparagraphs
 (i),  (ii)  and  (iii) as amended by chapter 12 of the laws of 1996, and

 S. 6427--A                          7
 
 subparagraph (v) as amended by chapter 634 of  the  laws  of  1988,  are
 amended  and  six  new  subparagraphs (vi), (vii), (viii), (ix), (x) and
 (xi) are added to read as follows:
   (i)  Subject to the provisions of subparagraph (ii) of this paragraph,
 the department shall inform the provider or licensing agency,  or  child
 care  resource and referral programs pursuant to subdivision six of this
 section whether or not the person is the subject of an  indicated  child
 abuse  and  maltreatment report only if: (a) the time for the subject of
 the report to request an amendment of the record of the report  pursuant
 to  [subdivision  eight of section four hundred twenty-two] SUBPARAGRAPH
 (V) OF THIS PARAGRAPH has expired without any such request  having  been
 made;  or  (b) such request was made within such time and a fair hearing
 regarding the request has been finally determined  by  the  commissioner
 and  the record of the report has not been amended to unfound the report
 or delete the person as a subject of the report.
   (ii) If the subject of an indicated report of child abuse or maltreat-
 ment has not requested an amendment of the record of the report  [within
 the  time specified in subdivision eight of section four hundred twenty-
 two of this title or if the subject had a fair hearing pursuant to  such
 section  prior  to  January  first,  nineteen hundred eighty-six] and an
 inquiry is made to  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  pursuant  to  this  subdivision  concerning the subject of the
 report, [the department] SUCH OFFICE shall, as expeditiously as possible
 but within no more than ten working days  of  receipt  of  the  inquiry,
 determine  whether, in fact, the person about whom an inquiry is made is
 the subject of an indicated report. Upon making a determination that the
 person about whom the inquiry is made is the  subject  of  an  indicated
 report of child abuse and maltreatment, the [department] OFFICE OF CHIL-
 DREN AND FAMILY SERVICES shall immediately send a written request to the
 child  protective  service  or  state  agency  which was responsible for
 investigating the allegations of abuse or maltreatment for all  records,
 reports  and other information maintained by the service or state agency
 on the subject. The service or state agency shall, as  expeditiously  as
 possible  but  within no more than twenty working days of receiving such
 request, forward all records, reports and other information it maintains
 on the indicated report to the [department] OFFICE OF CHILDREN AND FAMI-
 LY SERVICES, INCLUDING A COPY OF ANY PETITION OR COURT  ORDER  BASED  ON
 THE  ALLEGATIONS THAT WERE INDICATED.  [The department] WHERE A PROCEED-
 ING PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT IS PENDING BASED  ON
 THE  SAME  ALLEGATIONS  THAT  WERE INDICATED, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES SHALL STAY DETERMINATION OF  WHETHER  THERE  IS  A  FAIR
 PREPONDERANCE OF THE EVIDENCE TO SUPPORT THE INDICATION UNTIL THE DISPO-
 SITION  OF  SUCH FAMILY COURT PROCEEDING OR IF THE PETITION IS DISMISSED
 AT THE CONCLUSION OF AN ADJOURNMENT IN  CONTEMPLATION  OF  DISMISSAL  OR
 SUSPENDED  JUDGMENT,  AT SUCH TIME OF THE DISMISSAL, WHICHEVER IS LATER.
 UNLESS SUCH DETERMINATION HAS BEEN STAYED, THE OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  shall,  within  fifteen working days of receiving such
 records, reports and other information from the child protective service
 or state agency, review all records, reports and  other  information  in
 its  possession  concerning  the  subject and determine whether there is
 [some credible] A FAIR  PREPONDERANCE  OF  evidence  to  find  that  the
 subject  had  committed  the  act or acts of child abuse or maltreatment
 giving rise to the indicated report.
   (iii) If it is determined, after affording such service or state agen-
 cy a reasonable opportunity to present its  views,  that  there  is  [no
 credible]  NOT  A  FAIR  PREPONDERANCE OF evidence in the record to find

 S. 6427--A                          8
 
 that the subject committed such act or acts, the [department] OFFICE  OF
 CHILDREN AND FAMILY SERVICES shall amend the record to indicate that the
 report  was  unfounded  and  notify  the inquiring party that the person
 about  whom  the  inquiry  is  made  is  not the subject of an indicated
 report. [If the subject of the report had a  fair  hearing  pursuant  to
 subdivision eight of section four hundred twenty-two of this title prior
 to  January  first, nineteen hundred eighty-six and the fair hearing had
 been finally determined by the commissioner and the record of the report
 had not been amended to unfound the report or delete  the  person  as  a
 subject of the report, then the department shall determine that there is
 some credible evidence to find that the subject had committed the act or
 acts  of  child  abuse  or  maltreatment  giving  rise  to the indicated
 report.]
   (v) If it is determined after a review by the [department]  OFFICE  OF
 CHILDREN  AND FAMILY SERVICES of all records, reports and information in
 its possession concerning the subject of the report that there is  [some
 credible]  A  FAIR  PREPONDERANCE  OF evidence to prove that the subject
 committed the act or acts of abuse or maltreatment giving  rise  to  the
 indicated  report [and that such act or acts are relevant and reasonably
 related to issues concerning the employment of the subject by a provider
 agency or to the subject being allowed to have regular  and  substantial
 contact  with children cared for by a provider agency or the approval or
 disapproval of an application which has been submitted by the subject to
 a licensing agency, the department shall inform the inquiring party that
 the person about whom the inquiry is made is the subject of an indicated
 report of child abuse and maltreatment; the department shall also notify
 the subject of the inquiry of his or her  fair  hearing  rights  granted
 pursuant  to  paragraph  (c)  of  subdivision  two of this section], THE
 OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUBJECT  OF  THE
 DETERMINATION  OF  SUCH  REPORT  AND OF THE SUBJECT'S RIGHT TO REQUEST A
 FAIR HEARING WITHIN NINETY DAYS. IF THE SUBJECT SHALL REQUEST A  HEARING
 WITHIN  NINETY  DAYS,  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 SCHEDULE A FAIR HEARING AND SHALL PROVIDE NOTICE OF THE SCHEDULED  HEAR-
 ING  DATE  TO THE SUBJECT, THE STATEWIDE CENTRAL REGISTER AND, AS APPRO-
 PRIATE, TO THE CHILD PROTECTIVE SERVICE OR STATE AGENCY  WHICH  INVESTI-
 GATED SUCH REPORT.
   (VI)  THE  BURDEN  OF  PROOF  IN  SUCH A HEARING SHALL BE ON THE CHILD
 PROTECTIVE SERVICE OR STATE AGENCY WHICH  INVESTIGATED  THE  REPORT.  IN
 SUCH  A  HEARING, THE FACT THAT THERE IS A FAMILY COURT FINDING OF ABUSE
 OR NEGLECT AGAINST THE SUBJECT IN REGARD TO AN ALLEGATION  CONTAINED  IN
 SUCH  REPORT  SHALL CREATE AN IRREBUTTABLE PRESUMPTION THAT SAID ALLEGA-
 TION IS SUBSTANTIATED BY A FAIR PREPONDERANCE  OF  EVIDENCE.  WHERE  THE
 PETITIONING  CHILD PROTECTIVE AGENCY WITHDRAWS WITH PREJUDICE AN ALLEGA-
 TION IN A PETITION, OR A FAMILY COURT FINDS ON THE MERITS THAT AN  ALLE-
 GATION  DOES  NOT  CONSTITUTE ABUSE OR NEGLECT OR WAS NOT SUPPORTED BY A
 FAIR PREPONDERANCE OF THE EVIDENCE, OR A PETITION HAS BEEN DISMISSED  AT
 THE  CONCLUSION OF EITHER AN ADJOURNMENT IN CONTEMPLATION OF A DISMISSAL
 OR SUSPENDED JUDGMENT, IF SUCH ALLEGATION WAS AT THE SAME  TIME  AS  THE
 ALLEGATION  IN  AN  INDICATED  REPORT  THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL AMEND SUCH INDICATED REPORT TO BE UNFOUNDED.
   (VII) IF IT SHALL BE DETERMINED AT THE FAIR HEARING THAT THERE  IS  NO
 FAIR  PREPONDERANCE  OF  EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT
 COMMITTED AN ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT, THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES SHALL AMEND THE RECORD TO REFLECT THAT SUCH
 A  FINDING  WAS  MADE  AT  THE  ADMINISTRATIVE  HEARING, ORDER ANY CHILD
 PROTECTIVE SERVICE OR STATE AGENCY  WHICH  INVESTIGATED  THE  REPORT  TO

 S. 6427--A                          9
 
 SIMILARLY  AMEND  ITS  RECORDS OF SUCH REPORT, NOTIFY THE SUBJECT OF THE
 DETERMINATION, AND NOTIFY THE INQUIRING PARTY THAT THE PERSON ABOUT WHOM
 SUCH INQUIRY WAS MADE IS NOT THE SUBJECT OF AN INDICATED REPORT.
   (VIII)  UPON  A DETERMINATION AT THE FAIR HEARING THAT THE SUBJECT HAS
 BEEN SHOWN, BY A FAIR PREPONDERANCE OF THE EVIDENCE, TO  HAVE  COMMITTED
 THE  ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT GIVING RISE TO THE INDI-
 CATED REPORT, THE HEARING OFFICER SHALL DETERMINE, BASED  ON  GUIDELINES
 DEVELOPED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES PURSUANT TO
 SUBDIVISION FIVE OF THIS SECTION, WHETHER SUCH ACT OR ACTS ARE  RELEVANT
 AND  REASONABLY RELATED TO THE SUBJECT BEING ALLOWED TO HAVE REGULAR AND
 SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER  AGEN-
 CY, OR RELEVANT AND REASONABLY RELATED TO THE APPROVAL OR DISAPPROVAL OF
 AN APPLICATION SUBMITTED BY THE SUBJECT TO A LICENSING AGENCY.
   (IX)  UPON A DETERMINATION MADE AT A FAIR HEARING THAT THE ACT OR ACTS
 OF ABUSE OR MALTREATMENT ARE RELEVANT  AND  REASONABLY  RELATED  TO  THE
 EMPLOYMENT  OF  THE  SUBJECT  BY  A  PROVIDER  AGENCY, THE SUBJECT BEING
 ALLOWED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH  CHILDREN  WHO  ARE
 CARED  FOR BY A PROVIDER AGENCY OR THE APPROVAL OR DENIAL OF AN APPLICA-
 TION SUBMITTED BY THE SUBJECT TO A LICENSING AGENCY, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES SHALL NOTIFY THE SUBJECT AND SHALL  INFORM  THE
 INQUIRING  PARTY THAT THE PERSON ABOUT WHOM SUCH INQUIRY WAS MADE IS THE
 SUBJECT OF AN INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT.
   (X) THE FAILURE TO DETERMINE AT THE FAIR HEARING THAT THE ACT OR  ACTS
 OF  ABUSE  AND  MALTREATMENT  ARE RELEVANT AND REASONABLY RELATED TO THE
 EMPLOYMENT OF THE SUBJECT  BY  A  PROVIDER  AGENCY,  THE  SUBJECT  BEING
 ALLOWED  TO  HAVE  REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE
 CARED FOR BY A PROVIDER AGENCY OR THE APPROVAL OR DENIAL OF AN  APPLICA-
 TION  SUBMITTED  BY THE SUBJECT TO A LICENSING AGENCY SHALL PRECLUDE THE
 OFFICE OF CHILDREN AND FAMILY SERVICES  FROM  INFORMING  A  PROVIDER  OR
 LICENSING  AGENCY THAT SUCH PERSON IS THE SUBJECT OF AN INDICATED REPORT
 OF CHILD ABUSE OR MALTREATMENT.
   (XI) SHOULD THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  GRANT  THE
 REQUEST  OF  THE  SUBJECT  OF  THE  REPORT PURSUANT TO THIS SUBDIVISION,
 EITHER THROUGH AN ADMINISTRATIVE REVIEW OR FAIR  HEARING,  TO  AMEND  AN
 INDICATED  REPORT  TO  AN UNFOUNDED REPORT, SUCH REPORT SHALL BE LEGALLY
 SEALED AND SHALL BE RELEASED AND EXPUNGED IN ACCORDANCE WITH THE  STAND-
 ARDS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-TWO OF
 THIS TITLE.
   § 12. Paragraph (iii) of subdivision (f) of section 1051 of the family
 court  act,  as  added by chapter 430 of the laws of 1994, is amended to
 read as follows:
   (iii) that the report made to the  state  central  register  of  child
 abuse  and  maltreatment upon which the petition is based will remain on
 file until ten years after the eighteenth birthday of the youngest child
 named in such report, that the  respondent  will  be  unable  to  obtain
 expungement  of  such report[, and] THAT IF SUCH REPORT IS FOR MALTREAT-
 MENT, IT SHALL BE LEGALLY CONDITIONALLY SEALED AFTER EIGHT YEARS  UNLESS
 A DETERMINATION IS MADE TO SEAL IT EARLIER SO LONG AS SUCH INDIVIDUAL IS
 NOT  NAMED  AS  THE  SUBJECT  OF  THE REPORT IN ANY SUBSEQUENT INDICATED
 REPORTS OF ABUSE OR  MALTREATMENT.  THE  COURT  SHALL  ALSO  INFORM  THE
 RESPONDENT  that  the  existence  of such [report] REPORTS WHICH ARE NOT
 CONDITIONALLY SEALED may be made known to employers  seeking  to  screen
 employee  applicants  [in  the  field  of child care, and] FOR POSITIONS
 INVOLVING POTENTIAL CONTACT WITH CHILDREN, AND THAT CONDITIONALLY SEALED
 REPORTS MAY BE AVAILABLE TO CHILD PROTECTIVE SERVICES AND  LAW  ENFORCE-
 MENT  CONDUCTING  SUBSEQUENT  INVESTIGATIONS, to [child care] AUTHORIZED

 S. 6427--A                         10
 
 agencies if the respondent applies to become a foster parent [or], adop-
 tive parent OR SEEKS CUSTODY OF OR VISITATION WITH A CHILD,  OR  FOR  AN
 ADDITIONAL FOUR YEARS AFTER THE RECORD HAS BEEN CONDITIONALLY SEALED, TO
 HEAD  START PROGRAMS WHICH ARE FUNDED PURSUANT TO TITLE V OF THE FEDERAL
 ECONOMIC OPPORTUNITY ACT OF 1964,  EARLY  INTERVENTION  SERVICES  ESTAB-
 LISHED  PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED  FORTY OF THE PUBLIC
 HEALTH LAW, PRESCHOOL SERVICES ESTABLISHED PURSUANT  TO  SECTION  FORTY-
 FOUR  HUNDRED  TEN  OF  THE  EDUCATION  LAW  AND CHILD CARE PROVIDERS AS
 DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW,  FOR
 THE PURPOSES OF DETERMINING EMPLOYMENT.
   Any finding upon such an admission or consent made without such notice
 being  given  by the court shall be vacated upon motion of any party. In
 no event shall a person other than the respondent, either in  person  or
 in  writing,  make  an  admission  or consent to a finding of neglect or
 abuse.
   § 13. This act shall take effect immediately; provided,  however  that
 section  one of this act shall take effect on the ninetieth day after it
 shall have become a law; provided, however, that sections six and  eight
 of  this act shall take effect on the one hundred eightieth day after it
 shall have become a law; and section seven of this act shall take effect
 on the thirtieth day after it shall have become a law.