NY State Senate Bill 2025-S8205

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2025	referred to children and families

2025-S8205 (ACTIVE) - Details

See Assembly Version of this Bill:: A8248
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§372, 422 & 496, Soc Serv L

2025-S8205 (ACTIVE) - Summary

Lifts required approvals on the access of information pertaining to children by the New York city department of investigation.

2025-S8205 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8205

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to the access of
certain information by the New York city department of investigation

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph to subdivision 4 of section 372 adding
the New York City Department of Investigation to the list of entities
that is entitled to access confidential records relating to "abandoned,
delinquent, neglected or dependent children" maintained by entities who
"receive, accept or commit any child."

Section two amends paragraph m of subdivision 4 of section 422 to remove
the requirement that the New York City Department of Investigation
receive prior approval from the State Department of Social Services
before receiving access to certain records.

Section three adds a new subparagraph to paragraph a of subdivision 5 of
section 422 of the social services law to authorize the New York City

Department of Investigation to access certain records for certain limit-
ed purposes.

Section four amends paragraph m of subdivision 2 of section 496 to
remove the requirement that the New York City Department of Investi-
gation receive prior approval from the Justice Center or applicable
state oversight agency before receiving access to certain records.

 
JUSTIFICATION:

The New York City Department of Investigation (DOI) is the Inspector
General of New York City responsible for independently investigating and
preventing corruption, fraud, waste, and abuse. In that capacity, DOI is
responsible for conducting oversight of New York City Administration for
Children's Services' (ACS) operations, including oversight regarding
management of the City's juvenile detention centers, contraband traf-
ficking into the centers by center staff, problems in the foster care
system, and allegations of staff misconduct. DOI staff include investi-
gators as well as peace officers who can make arrests and participate in
the execution of search warrants, and the agency staff work closely with
prosecuting offices to develop evidence and charge cases warranting
criminal prosecution, issue reports, and make recommendations for policy
and procedural reform where appropriate. In order to provide this over-
sight and conduct robust investigations, DOI regularly requires access
to records and information maintained by ACS and the State concerning
youth.

Under current law, DOI has the authority to access records and informa-
tion maintained in certain government registers and databases for
purposes of its investigations, but only with prior approval of OCFS or
the Justice Center. The DOI argues that delays in accessing certain
informatian.can hinder the agency's ability to conduct effective inves-
tigations. This legislation therefore seeks to rebalance the DOI's
access to such records.


The DOI has expressed concern regarding its ability to investigate ACS
employees for misconduct cases where CPS agents have acted with "undue
familiarity" towards the subject of their investigations.  Likewise, DOI
has argued that having broader access to records will allow the agency
to conduct proper investigations regarding the tragic instances of child
fatalities that may occur, and examine whether CPS agents have acted
properly.

Ultimately, this legislation seeks further transparency and oversight to
ensure that CPS agents and juvenile detention facility employees are
executing their duties properly.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2025-S8205 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8205
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2025
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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  the  access  of
   certain information by the New York city department of investigation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 372 of the social services law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  ALL  SUCH  RECORDS  RELATING  TO  SUCH  CHILDREN SHALL BE OPEN TO
 INSPECTION BY THE NEW YORK CITY DEPARTMENT OF INVESTIGATION FOR PURPOSES
 OF AN INVESTIGATION WITHIN THE LEGAL  AUTHORITY  OF  THE  DEPARTMENT  OF
 INVESTIGATION.
   § 2. Subparagraph (m) of paragraph (A) of subdivision 4 of section 422
 of  the  social  services  law,  as amended by chapter 12 of the laws of
 1996, is amended to read as follows:
   (m) the New York city department of  investigation  provided  however,
 that  no  information  identifying  the  subjects of the report or other
 persons named in the report shall be made available to the department of
 investigation unless such information is essential to  an  investigation
 within  the  legal authority of the department of investigation [and the
 state department of social services gives prior approval];
   § 3. Subparagraph (v) of paragraph (a) of subdivision 5 of section 422
 of the social services law, as amended by chapter 256  of  the  laws  of
 2014,  is  amended  and  a  new  subparagraph  (vi)  is added to read as
 follows:
   (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 when such
 official verifies that the report is  necessary  to  conduct  an  active
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11843-01-5
 S. 8205                             2

 
 investigation  or  prosecution  of  a  violation  of subdivision four of
 section 240.50 of the penal law[.]; AND
   (VI)  TO THE NEW YORK CITY DEPARTMENT OF INVESTIGATION FOR THE PURPOSE
 OF INVESTIGATING AN ALLEGATION OF AN IMPROPERLY CONDUCTED  INVESTIGATION
 BY  THE  LOCAL  CHILD PROTECTIVE SERVICE OR WHEN AN INSPECTOR GENERAL OF
 THE NEW YORK CITY DEPARTMENT OF INVESTIGATION DETERMINES THAT THE REPORT
 IS NECESSARY TO CONDUCT AN ACTIVE INVESTIGATION OF A VIOLATION OF SUBDI-
 VISION FOUR OF SECTION 240.50 OF THE PENAL LAW.
   § 4. Paragraph (m) of subdivision 2  of  section  496  of  the  social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (m)  the New York city department of investigation; provided, however,
 that no information identifying the subjects  of  the  report  or  other
 persons named in the report shall be made available to the department of
 investigation  unless  such information is essential to an investigation
 within the legal authority of the department of investigation  [and  the
 justice  center  or  the  applicable  state oversight agency gives prior
 approval];
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S8205

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

2025-S8205 (ACTIVE) - Details

2025-S8205 (ACTIVE) - Summary

2025-S8205 (ACTIVE) - Sponsor Memo

2025-S8205 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8205

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Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Children And Families Committee

2025-S8205 (ACTIVE) - Details

2025-S8205 (ACTIVE) - Summary

2025-S8205 (ACTIVE) - Sponsor Memo

2025-S8205 (ACTIVE) - Bill Text download pdf

Comments