Senate Bill S9421A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9421--A
 
                             I N  S E N A T E
 
                              March 11, 2026
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to allowing persons
   to request a second hearing to seal child protective services records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (c) of subdivision 8 of
 section 422 of the social services law is amended by adding a new undes-
 ignated paragraph to read as follows:
   PROVIDED, HOWEVER, THE SUBJECT SHALL BE ENTITLED TO REQUEST  A  SECOND
 HEARING TO REQUEST THE SEALING OF SUCH SUBJECT'S CASE NO SOONER THAN TWO
 YEARS  AFTER THE DATE OF THE FIRST HEARING, IF SUCH SUBJECT DEMONSTRATES
 GOOD CAUSE TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND  THERE  IS
 NO  EVIDENCE  THE  SUBJECT  HAS COMMITTED MALTREATMENT OF A CHILD IN THE
 PRECEDING TWO YEARS.  GOOD CAUSE SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 COMPLETING  SERVICES SUCH AS DRUG OR ALCOHOL TREATMENT PROGRAMS, PARENT-
 ING SKILLS CLASSES, OR ANGER MANAGEMENT PROGRAMS; REGULAR  PARTICIPATION
 IN  MENTAL  HEALTH  SERVICES;  OR PARTICIPATION IN ANY SERVICE, PROGRAM,
 THERAPY, ACTIVITY, OR INTERVENTION TO  ADDRESS  THE  PREVIOUSLY  ENTERED
 SUBSTANTIATED  FINDING  OR FINDINGS.   THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL NOTIFY THE SUBJECT OF THE OUTCOME OF THEIR REQUEST FOR  A
 SECOND  HEARING  IN WRITING BY MAIL WITHIN THIRTY DAYS OF RECEIPT OF THE
 SUBJECT'S REQUEST. THE WRITTEN NOTICE SHALL INCLUDE A  DETERMINATION  OF
 WHETHER  THE OFFICE OF CHILDREN AND FAMILY SERVICES FOUND GOOD CAUSE FOR
 A SECOND HEARING AND THE RATIONALE FOR THE DECISION TO GRANT OR DENY THE
 REQUEST. IF THE OFFICE OF CHILDREN AND FAMILY SERVICES FINDS GOOD  CAUSE
 AND GRANTS THE SUBJECT'S REQUEST FOR A SECOND HEARING, THE HEARING SHALL
 BE SCHEDULED WITHIN NINETY DAYS OF SUCH DETERMINATION. IF THE SUBJECT IS
 DENIED  A  SECOND HEARING REQUEST BASED ON A FINDING THE SUBJECT HAS NOT
 SHOWN GOOD CAUSE, THE SUBJECT SHALL BE ENTITLED TO REQUEST A  SUBSEQUENT
 HEARING.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13910-08-6