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

Title of bill

An act to amend the social services law, the criminal procedure law and the civil practice law and rules, in relation to assisting and protecting victims of domestic violence, child abuse and child neglect

Purpose

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

Summary of provisions

Section one of the bill provides the Legislative intent.

Section two of the bill amends Social Services Law section 422(5)(a)(iv) and (v) to provide that sealed unfounded reports may be unsealed and made available on judicial subpoena of the Family Court or Supreme Court where an order of protection of a child or a false allegation of child abuse or neglect is at issue and the subject of the report is a party to the action.

Section three of this bill amends subdivision 7 of section 422 of the Social Services Law to allow guardians and custodians of a person named in a report that is included in the Central Register, as well as the Family Court and Supreme Court where an order of protection of a child or a false allegation of child abuse or neglect is at issue, are authorized to receive, upon request, a copy of all of the information in the Central Register.

Section four of this bill amends Social Service Law section 422(8)(a)(i) and (b)(i) and (ii) to provide that if the subject of a report requests that the report be amended, the victim's parent, guardian or custodial shall receive notice of the subject's request to amend and have the ability to object to the amendment. Section four also adds a new paragraph (f) to Social Services Law section 422(8) that would allow an adult victim or a minor victim's parent, guardian or custodian to seek to vacate an amendment to the report.

Section five of this bill amends Criminal Procedure Law section 160.55(1)(d) to provide that all records related to an arrest or prosecution shall be available upon receipt of a judicial subpoena from the Family Court or Supreme Court hearing a matter where domestic violence, child abuse or neglect is at issue and the defendant is a party to the Court action.

Section six of this bill adds a new section 4549 to the Civil Practice Law and Rules to provide that uncorroborated previous statements made by a child relating to allegations of domestic violence or child abuse or neglect shall not be sufficient to fact-finding of abuse or neglect. Any other evidence to support the reliability of the child's statement will be admissible and will constitute sufficient corroboration. The testimony of the child will not be necessary to make a fact-finding of domestic violence, abuse or neglect.

Section seven of this bill provides that this act shall take effect immediately.

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/judgment 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 who may be innocent who find themselves falsely accused.

Legislative history

2015: S.1447 - Referred to Children and Families 2014: S.6868 - Referred to Children and Families

Fiscal implications

None

Effective date

This act shall take effect immediately.