Grants local social services districts access to criminal history information when acting within the scope of their duties under the social services law or the family court act

2 Co-sponsors

• Rich Funke
• Timothy M. Kennedy

BILL NUMBER:S5035

Title of bill

An act to amend the executive law and the social services law, in relation to access to court databases for local social services districts

Purpose

The purpose of this bill is to grant expanded access to the criminal history database maintained by the Department of Criminal Justice Services to local services districts that pursue child protective matters in Family Court.

Summary of provisions

Section 1 amends subdivision 9 of section 83.5 of the executive law in order to grant expanded access to the criminal history database maintained by the Department of Criminal Justice Services to local social services districts, which, among other responsibilities, are tasked with pursuing child protective matters in Family Court.

Section 2 amends subdivision 6 of section 398 of the social services law by adding a new paragraph (g) which mandates that local social services districts conduct criminal background checks, including any arrest history, on any person aged eighteen years or over who resides or is proposed to reside directly with a child or in the same home as a child who is subject of a child protective proceeding.

Justification

To ensure the safety and well-being of children, local social services districts rely on criminal background information throughout the course of a child protective investigation in a variety of instances, including when evaluating the appropriateness of any proposed custodian or residential placement for the child. This information assists local social services district caseworkers, attorneys, and others to make informed recommendations and decisions critical to a child's welfare.

Under current law, local social services districts only have access to information regarding criminal convictions during the investigation of the Statewide Central Register (SCR) report and only for people named in SCR reports or living with the child. Local social services districts do not have access to other important information, such as pending criminal matter's involving potential custodians or SCR subjects. Gaining access to a more complete criminal history that includes pending criminal matters and arrest information will allow child protective caseworker's and others to better assess risks to a child and to make appropriate recommendations.

Legislative history

2014 Referred to Finance

Fiscal implications

Undetermined

Effective date

This act shall take effect immediately.