Assembly Bill A8689

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8689
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to the unsealing of
   unfounded child abuse and  maltreatment  reports  in  certain  circum-
   stances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iv) and (v) of paragraph (a) of  subdivision
 5  of  section  422  of  the  social  services law, subparagraph (iv) as
 amended by chapter 555 of the laws  of  2000  and  subparagraph  (v)  as
 amended  by  chapter  256  of  the  laws  of 2014, are amended and a new
 subparagraph (vi) is added to read as follows:
   (iv) to the subject of the report; [and]
   (v) to a district attorney, an assistant district attorney, an  inves-
 tigator  employed  in  the  office of a district attorney, or to a sworn
 officer of the division of state police, of  a  city,  county,  town  or
 village  police department or of a county sheriff's office (A) when such
 official [verifies] AFFIRMS UNDER OATH that the report is  necessary  to
 conduct  an active investigation or prosecution of a violation of subdi-
 vision four of section 240.50 of the penal law;  OR  (B)  UPON  A  COURT
 ORDER  FINDING  THAT THE INFORMATION IN SUCH REPORT IS NECESSARY FOR THE
 PURPOSE OF PROSECUTING A VIOLATION OF THE  PENAL  LAW  OR  IS  OTHERWISE
 NECESSARY FOR THE FURTHERANCE OF JUSTICE; AND
   (VI)  TO A GRAND JURY, UPON A COURT ORDER FINDING IT NECESSARY FOR THE
 DETERMINATION OF CHARGES BEING INVESTIGATED BY SUCH GRAND JURY OR OTHER-
 WISE NECESSARY FOR THE FURTHERANCE OF JUSTICE.
   § 2. Paragraph (b) 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:
   (b) Persons given access to unfounded reports pursuant to subparagraph
 (v) of paragraph (a) of  this  subdivision  shall  not  redisclose  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02774-01-5
              

 A. 8689                             2
 
 reports except as necessary to conduct such appropriate investigation or
 prosecution  and  shall  request  of  the  court that any copies of such
 reports produced in any court proceeding be redacted to remove the names
 of the subjects and other persons named in the reports or that the court
 issue  an  order  protecting the names of the subjects and other persons
 named in the reports from public disclosure. The local child  protective
 service  or state agency shall not indicate the subsequent report solely
 based upon the existence of  the  prior  unfounded  report  or  reports.
 Notwithstanding  section four hundred fifteen of this title, section one
 thousand forty-six of the family court act,  or,  except  as  set  forth
 herein,  any other provision of law to the contrary, an unfounded report
 shall not be admissible in any judicial or administrative proceeding  or
 action;  provided,  however,  an unfounded report may be introduced into
 evidence: (i) by the subject of the  report  where  such  subject  is  a
 respondent  in a proceeding under article ten of the family court act or
 is a plaintiff or petitioner in a civil action  or  proceeding  alleging
 the false reporting of child abuse or maltreatment; [or] (ii) in a crim-
 inal  court  for  the purpose of prosecuting a violation of [subdivision
 four of section 240.50 of] the penal law; OR (III) IN A  GRAND  JURY  OR
 OTHER  JUDICIAL  PROCEEDING FOR THE PURPOSE OF DETERMINING CHARGES BEING
 INVESTIGATED BY SUCH GRAND JURY. Legally sealed unfounded reports  shall
 be expunged ten years after the receipt of the report.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.