What's happening
This bill establishes a centralized database for criminal justice agencies to access child abuse and maltreatment reports in New York.
Why it matters
Creates a single, statewide system for law enforcement. By replacing piecemeal local access with a centralized database, the bill makes it easier for police, district attorneys, and other criminal justice agencies to get complete and up-to-date information on child abuse and maltreatment reports across New York, potentially improving investigations and coordination across jurisdictions.
Clarifies and limits who can access sensitive data. The bill precisely defines “criminal justice agencies” eligible for database access, helping to ensure only authorized officials (like DAs, police, and sheriff’s offices) can view these confidential reports, which could help safeguard privacy and reduce improper disclosures.
Standardizes information sharing and delivery. By requiring a uniform method for local departments to submit reports and related materials (such as photos), the bill aims to reduce gaps or delays in information, promoting more consistent and efficient child protection responses statewide.
Removes outdated or duplicative access provisions. The bill repeals older sections and references that previously allowed access to this information in a less structured way, streamlining the law and reducing confusion over how and when police and prosecutors can get child abuse records.
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Who cares
District attorneys and their investigators
The bill would give them access, in performing their duties, to a centralized database of child abuse and maltreatment reports and related records and photographs.
State, local, park and Indian police officers
The bill would include these officers among those authorized to access the database in performing their duties.
State and local child welfare agencies
The state office would have to establish and maintain the database and provide a way for local departments to submit reports and related information.
Children and families named in abuse or maltreatment reports
The database would make all reports and related information held by state or local departments accessible to the specified criminal justice agencies.
Headline styles
Expand Police Access to Reports
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Returned to senate
- Died in assembly
- Referred to children and families
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1308
- Committee discharged and committed to rules
- Print number 4229a
- Amend and recommit to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Police Access to Reports
In Assembly Committee · Children And Families · Sponsor Angelo Santabarbara
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4229--A
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to access to reports of child abuse and maltreatment by criminal justice agencies; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (l) of paragraph (A) of subdivision 4 of section 422 of the social services law is REPEALED.
§ 2. Subdivision 4 of section 422 of the social services law is amended by adding a new paragraph (A-1) to read as follows:
(A-1) (a) The office shall establish a centralized database for criminal justice agencies to access in the performance of their duties which shall include all reports made pursuant to this title as well as any other information obtained, reports written or photographs taken concerning such reports in the possession of the office or local departments. The office shall maintain the format and content of such database and shall provide a method for which such reports and other information may be delivered to the office from local departments.
(b) For the purposes of this paragraph, "criminal justice agencies" shall mean a district attorney, an assistant district attorney or an investigator employed in the office of a district attorney; a sworn officer of the division of state police, of the regional state park police, of a county department of parks, of a city police department, or of a county, town or village police department or county sheriff's office or department; or an Indian police officer.
§ 3. The second undesignated paragraph and the closing paragraph of paragraph (A) and paragraphs (B), (C) and (D) of subdivision 4 of section 422 of the social services law, the second undesignated para-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06531-04-9
S. 4229--A 2
graph of paragraph (A) as amended by section 6 of part D of chapter 501 of the laws of 2012, the closing paragraph of paragraph (A) as added by chapter 12 of the laws of 1996, and paragraphs (B), (C) and (D) as amended by chapter 677 of the laws of 1985, are amended to read as follows:
After a child, other than a child in residential care, who is reported to the central register of abuse or maltreatment reaches the age of eighteen years, access to a child's record under subparagraphs (a) and (b) of this paragraph shall be permitted only if a sibling or off-spring of such child is before such person and is a suspected victim of child abuse or maltreatment. In addition, a person or official required to make a report of suspected child abuse or maltreatment pursuant to section four hundred thirteen of this [chapter] title shall receive, upon request, the findings of an investigation made pursuant to this title. However, no information may be released unless the person or official's identity is confirmed by the office. If the request for such information is made prior to the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated", "unfounded" or "under investigation", whichever the case may be. If the request for such information is made after the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated" or "unfounded", whichever the case may be. A person given access to the names or other information identifying the subjects of the report, or other persons named in the report, except the subject of the report or other persons named in the report, shall not divulge or make public such identifying information unless he or she is a district attorney or other law enforcement official and the purpose is to initiate court action or the disclosure is necessary in connection with the investigation or prosecution of the subject of the report for a crime alleged to have been committed by the subject against another person named in the report. Nothing in this section shall be construed to permit any release, disclosure or identification of the names or identifying descriptions of persons who have reported suspected child abuse or maltreatment to the statewide central register or the agency, institution, organization, program or other entity where such persons are employed or the agency, institution, organization or program with which they are associated without such persons' written permission except to persons, officials, and agencies enumerated in subparagraphs (e), (f), (h), (j)[, (l), (m)] and (v) of this paragraph.
To the extent that persons or agencies are given access and to information pursuant to subparagraphs (a), (b), (c), (j), (k)[, (l),] and (m)[, (o) and (q)] of this paragraph, such persons or agencies may give and receive such information to each other in order to facilitate an investigation conducted by such persons or agencies.
(B) Notwithstanding any inconsistent provision of law to the contrary, a city or county social services commissioner may withhold, in whole or in part, the release of any information which he or she is authorized to make available to persons or agencies identified in subparagraphs (a), (k), [(l),] (m), (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this subdivision if such commissioner determines that such information is not related to the purposes for which such information is requested or when such disclosure will be detrimental to the child named in the report.
(C) A city or county social services commissioner who denies access by persons or agencies identified in subparagraphs (a), (k), [(l),] (m), (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this subdivision to
S. 4229--A 3
records, reports or other information or parts thereof maintained by such commissioner in accordance with this title shall, within ten days from the date of receipt of the request fully explain in writing to the person requesting the records, reports or other information the reasons for the denial.
(D) A person or agency identified in subparagraphs (a), (k), [(l),] (m), (n)[,] and (o)[, (p) and (q)] of paragraph (A) of this subdivision who is denied access to records, reports or other information or parts thereof maintained by a local department pursuant to this title may bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to access to reports of child abuse and maltreatment by criminal justice agencies; and to repeal certain provisions of such law relating thereto
Purpose
To provide law enforcement with better access to certain child protec- tive services records before a child goes missing.
Summary of specific provisions
Section 1: Subparagraph (1) of paragraph (A) of subdivision 4 of section 422 of the social services is REPEALED.
Section 2: Requires the Office of Children & Family Services (OCFS) to establish a centralized database for criminal justice agencies to access in the performance of their duties. OCFS will maintain the format and content of such database.
Section 3: Current statute language; no change. Section 4: Effective Date.
Justification
On Dec. 18, 2014, Kenneth White was reported kidnapped from his home in Knox where he was living under court order with his aunt. In the initial hours of the search for the boy, investigators from the Albany County Sheriff's Office were denied access to the child's records from Albany County's Child Protective Services.
Just over three years ago the State Legislature passed 'Kenneth White's Law' that expedited law enforcement's access to CPS records after a child was reported missing. This bill is an expansion of `Kenneth White's Law' that gives law enforcement the information they need before a child goes missing. It also allows records to be shared across county lines when necessary. When there are indicating signs, CPS violations or suspicious incidents we must take action as soon as possible to protect children.
This legislation comes in the wake of the recent search for missing 4 month old Rayen Puleski in the City of Schenectady. This legislation would allow Child Protective Services to share case file information with law enforcement after a missed appointment is reported or other "red flags" that might indicate law enforcement should take action before a child might go missing.
Legislative history
A11316 of 2017-18 - referred to children and families
Effective date
This act shall take effect on the ninetieth day.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.