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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

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Sponsored By

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

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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

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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