Relates to assisting and protecting victims of domestic violence, child abuse and child neglect

§ 3 Subdivision 7 of section 422 of the social services law, as amended by chapter 434 of the laws of 1989, is amended to read as follows: 7. At any time, a subject of a report (and), other persons named in the retort or their guardians or custodians, and the family or supreme court by judicial subpoena and where the protection of a child or false allegations of child abuse or neglect is at issue and the subject of the report is a party to an action therein. § 4 Subparagraph (i) of paragraph (a) and subparagraphs (i) and (ii) of paragraph (b) of subdivision 8 of section 422 of the social services law, as amended by chapter 12 of the laws of 1996, are amended and a new paragraph (1) is added to read as follows: The commissioner shall mail to the victim's parent, guardian or custodian notice of the subject's request to amend and the basis upon which the amendment is sought. Such parent, guardian or custodian may object to the amendment within 30 days of notice by mailing his or her objection to the commissioner. (i) the adult victim, or the minor victim's parent, guardian or custodian. Such parent, guardian or custodian may appear in person, or by an attorney, to object to the requested amendment and present witnesses, sworn statements and other evidence for presentation to the hearing officer (ii) the adult victim, or the minor victim's parent, guardian or custodian. (f) An adult victim, or the minor victim's parent, guardian or custodian may seek to vacate an amendment made pursuant (e) of this subdivision within one year of the effective date of this paragraph or knowledge that such an amendment has been made without such parent, guardian or custodian receiving notice of hearing or the subject's request to amend. The adult victim, or the minor victim's parent, guardian or custodian seeking to vacate an unnoticed amendment shall state with particularity, the date that they became aware that an amendment was made and the evidence he or she will present that demonstrates the commissioner's error in amendment. The commissioner shall schedule a rehearing date, and shall immediately inform the subject of the formerly indicated report, the adult victim or minor victim's parent, guardian or custodian, and the child protective service or the state agency that investigated the report. § 5 Paragraph (d) of subdivision 1 of section 160.55 of the criminal procedure law, as amended by section 74 of subpart B of Part C of chapter 62 of the laws of 2011, is amended to read as follows: (vii) upon receipt of a judicial subpoena, the family or supreme court in a matter where domestic violence, child abuse or neglect is at issue and the defendant is a party to the action therein: § 6 The

civil practice law and rules is amended by adding a new section 4549 to read as follows: § 4549 Evidence of child's statements regarding domestic violence, abuse or neglect. 1. Previous statements made by a child relating to any allegations of domestic violence or child abuse or neglect shall be generally admissible in evidence, but if uncorroborated, such statement shall not be sufficient to make a fact-finding of abuse or neglect. Any other evidence tending to support the reliability of the child's previous statements shall be generally admissible and sufficient corroboration. The testimony of the child shall not be necessary to make a fact-finding of domestic violence abuse or neglect. 2. The presiding judge may however, issue an order prohibiting the divulging of the contents of such statements to any entity or person other than the court, litigants, their counsel and any witness deemed necessary to the proceedings

Existing law

New

Justification

All information must be reviewed within a case in order to make a truly well balanced decision. If information pertinent to the party(ies) is "sealed" The determination/judgement may be inaccurate and possibly biased. It is our hope that this legislation will protect all parties involved, the victims of abuse, neglect, and domestic violence as well as those innocents who find themselves falsely accused.

Effective date

This act shall take effect immediately