Domestic Violence

LAWS OF NEW YORK, 2008
CHAPTER 602
 
AN ACT to amend the executive law and the social services law, in relation to authorizing certain child protective services personnel of social services districts to have access to criminal history records of certain persons residing with children alleged or suspected to be abused, neglected, or maltreated
 
Became a law September 25, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
 
  The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
 
  Section 1. Subdivision 9 of section 835 of the executive law, as
amended by chapter 442 of the laws of 2006, is amended to read as
follows:
  9. "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department of
correctional services, the state division of probation, the department
of correction of any municipality, the insurance frauds bureau of the
state department of insurance, the office of professional medical
conduct of the state department of health for the purposes of section
two hundred thirty of the public health law, the child protective
services unit of a local social services district when conducting an
investigation pursuant to subdivision six of section four hundred twen-
ty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation, the criminal
investigations bureau of the banking department, police forces and
departments having responsibility for enforcement of the general crimi-
nal laws of the state and the Onondaga County Center for Forensic
Sciences Laboratory when acting within the scope of its law enforcement
duties.
  § 2. Subdivision 6 of section 424 of the social services law, as
amended by chapter 12 of the laws of 1996, is amended to read as
follows:
  6. (a) upon receipt of such report, commence or cause the appropriate
society for the prevention of cruelty to children to commence, within
twenty-four hours, an appropriate investigation which shall include an
evaluation of the environment of the child named in the report and any
other children in the same home and a determination of the risk to such
children if they continue to remain in the existing home environment, as
well as a determination of the nature, extent and cause of any condition
enumerated in such report and the name, age and condition of other chil-
dren in the home, and, after seeing to the safety of the child or chil-
dren, forthwith notify the subjects of the report and other persons
named in the report in writing of the existence of the report and their
respective rights pursuant to this title in regard to amendment.
  (b) subject to rules and regulations of the division of criminal
justice services, a manager of the child protective services unit, or a
person with law enforcement background who is specifically designated by
the commissioner of the local social services district for this purpose,
shall have access to conviction records maintained by state law enforce-
ment agencies pertaining to persons of or over the age of eighteen years
who (1) are currently residing in the residence of any child who is
alleged to be or suspected of being abused, maltreated, or neglected or
(2) are named in any report of suspected or alleged child abuse,
maltreatment, or neglect; provided that nothing in this subdivision
shall be construed to contradict or modify section one thousand forty-
six of the family court act. Any criminal history record provided by the
division of criminal justice services, and any summary of the criminal
history record provided by the office of children and family services to
the child protective services unit of a local social services district
pursuant to this subdivision, shall be kept confidential and shall not
be made available for public inspection.Child protective services
units shall not indicate a report solely based upon the existence of a
conviction record;
  § 3. This act shall take effect immediately, and the office of chil-
dren and family services and the division of criminal justice services
are hereby authorized and directed to promulgate rules and regulations
on an emergency basis for the purpose of implementing the provisions of
this act.
 
The Legislature of the STATE OF NEW YORK ss:
  Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

DEAN G. SKELOS
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly

EXPLANATION--Matter in italics is new; matter in brackets [—] is old law to be omitted.