Senate Bill S9421

                                 
BILL NUMBER: S9421

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to allowing persons
to request a second hearing to seal child protective services records

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subparagraph (ii) of paragraph (c) of
subdivision 8 of section 422 of the social services law, as amended by
section 7 of part R of chapter 56 of the laws of 2020. This amendment
establishes the conditions under which an individual may request a
second hearing to have their child protective services (CPS) record
sealed.

Section 2 of the bill establishes the effective date.

 
JUSTIFICATION:

Under current statute, an individual may request a hearing to have their
              

CPS record sealed in non-abuse cases. If the individual loses their
hearing, they must wait the statutory eight years from the time the
initial case was indicated for the records to be automatically sealed.

This bill would allow an individual to request a second hearing, no
sooner than two years after the first hearing, if (i) there is no
evidence they have committed maltreatment of a child within the preced-
ing two years, and (ii) they have experienced a significant change in
life circumstances. For the purposes of this bill, such a change would
include, but not be limited to, services such as drug or alcohol treat-
ment programs, parenting skills classes, or anger management programs;
or regular participation in mental health services.

Completion of such programs, voluntarily or in compliance with a court
order, demonstrates a clear commitment to rehabilitation. If an individ-
ual makes such an effort to atone for prior misconduct and better equip
themselves going forward, they should be afforded the equal opportunity
to pursue employment, housing, and public services after the conclusion
of the statutory period.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.