Relates to the New York state domestic violence fatality review team access to sealed records

This bill would authorize the NYS Domestic Violence Fatality Review Team (DVF) to access sealed criminal justice and social services records for the purpose of inclusion in local fatality reviews.

Summary of Provisions:

Section 1 would amend paragraph (h) of subdivision 10 of section 575 of the Executive Law to provide the DVF with access to the following records: unfounded reports of child abuse or maltreatment, family assessment response records, indicated reports, and reports regarding cases of alleged child abuse or maltreatment that are still under investigation, sealed pursuant to sections 422 and 427-a of the Social Services Law, and law enforcement records sealed pursuant to sections 160.50, 160.55 and 160.58 of the Criminal Procedure Law.

Section 2 would amend paragraph (i) of subdivision 10 of section 575 of the Executive Law to clarify that all confidential, privileged and sealed information and records provided to the DVT will remain confidential, privileged and sealed.

Section 3 would amend paragraph (A) of subdivision 4 of section 422 of the Social Services Law to add a new subparagraph (bb) which adds the DVF the list of entities that can access indicated reports and reports regarding cases of alleged child abuse or maltreatment that are still under investigation.

Section 4 would amend paragraph (a) of subdivision 5 of section 422 of the Social Services Law to add a new subparagraph (vi) which adds the DVF to the list of entities that can access unfounded reports of child abuse or maltreatment.

Section 5 would amend paragraph (d) of subdivision 5 of section 427-a of the Social Services Law to add a new subparagraph (viii) which adds the DVF to the list of entities that can access family assessment response records.

Sections 6, 7 and 8 would amend the Criminal Procedure Law to allow DVF to access certain sealed records: § 160.50 criminal actions terminated in favor of the accused, § 160.55 convictions for noncriminal offenses, and § 160.58 convictions for certain controlled substances, marihuana or specified offenses.

Section 9 of the bill sets forth an immediate effective date.

Existing law:

The information sought in this bill is currently provided only to certain specified entities.

Prior Legislative History:

New proposal.

Statement in support:

This bill seeks to address an issue that arose when the NYS Domestic Violence Fatality Review Team prepared to conduct its first fatality review in 2013 and it was denied access to certain sealed records.

A fatality review brings together domestic violence-related professionals and other relevant individuals in a community to review a domestic violence homicide in an effort to understand more fully the factors involved and the sequence of events in a case. The primary goal of the review is to identify gaps in response, service delivery or coordination, and to determine how systems can be improved in order to prevent future deaths. The thoroughness of any records review would be improved by including the information sought in this proposal.

As with all other information obtained for, or generated by, a domestic violence fatality review, the records will be destroyed at the end of the review. Strict confidentiality of contents, as well as pre-existing confidentiality laws that apply to the specific records being sought will also be maintained. To further ensure confidentiality, any future reports of the DVF would contain only aggregated information and general recommendations summarized across several fatality reviews; case-specific information will not be revealed.

Budget Implications:

None.

Local impact:

None.

Effective Date:

Immediate effective date.