NY State Senate Bill 2021-S9189

Senate Bill S9189

2021-2022 Legislative Session

Extends the amount of time before certain reports to the statewide central register regarding abuse and maltreatment are expunged

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to children and families

2021-S9189 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L

2021-S9189 (ACTIVE) - Summary

Extends the amount of time before reports to the statewide central register regarding child abuse and maltreatment can be expunged from ten years to fifteen years after the eighteenth birthday of the youngest child named in the report.

2021-S9189 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9189

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the social services law, in relation to extending the
amount of time before certain reports to the statewide central register
regarding abuse and maltreatment are expunged

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would expand the threshold concerning the expungement of
records relating to child neglect records from 10 years to 15 years, so
as to ensure that victims have access to the records later in life,
which are sometimes needed for certain medical treatment or referrals.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 422 of the social services law to extend the
date of expungement of records on the statewide central register fifteen
years, formerly ten, after the 18th birthday of the child.

Section 2. Effective Date

 
JUSTIFICATION:

Crimes related to child abuse can follow the victim long after the crime
has been committed. Currently, the state expunged records 10 years after
the child victims' 18th birthday. This expungement can allow victims to
have closure. However, in some cases, these records being expunged are
the only copies of medical records available.  Medical records are
necessary to maintain an individual's health and evaluate potential
treatments and risk of potential medical procedures.

This legislation would move the expungement date to 15 years after the
victims' 18th birthday, an additional 5 years. Moving this date will
ensure that victims have access to the records if needed for certain
medical treatment or referrals. It is with the interest of victims in
mind, but sustains the precedent of ensuring that these records are not
kept permanently.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately.

2021-S9189 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9189
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- 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  extending  the
   amount  of time before certain reports to the statewide central regis-
   ter regarding abuse and maltreatment are expunged

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 422 of the social services law, as
 amended  by  chapter  92  of  the  laws  of  2021, 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] FIFTEEN years after the eigh-
 teenth birthday of the youngest child named in the report. In  the  case
 of a child in residential care the record of the report to the statewide
 central  register  shall  be  expunged  [ten]  FIFTEEN  years  after the
 reported child's eighteenth 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.  Provided  however,  any  report
 indicated  for  maltreatment based solely on the purchase, possession or
 consumption of cannabis, without a showing that  the  child's  physical,
 mental  or emotional condition was impaired or was in imminent danger of
 becoming impaired in accordance with the definition of  child  maltreat-
 ment  as  provided  for  in section four hundred twelve of this title is
 established by a fair preponderance of the evidence shall immediately be
 sealed upon a request pursuant to subdivision eight of this  section  or
 section four hundred twenty-four-a of this title.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14258-02-2

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