What's happening
This bill reforms how New York manages, seals, and shares records of indicated child abuse or maltreatment reports, including timelines and hearing procedures.
Why it matters
Shortens the time before sealing records for indicated maltreatment cases. For cases indicated for maltreatment (not abuse), the bill requires these reports to be sealed after five years (down from ten), limiting their availability to most employers and agencies—except for foster/adoptive parent checks and certain child protective service uses.
Raises the standard of evidence for maintaining indicated reports. The bill replaces the current “some credible evidence” standard with the stricter “preponderance of evidence” (more likely than not), making it harder for reports to remain “indicated” and accessible in background checks, thereby reducing potential for wrongful inclusion.
Aligns child welfare records with court outcomes. If a family court finds that allegations are not supported by a preponderance of evidence, or a petition is withdrawn with prejudice, the Office of Children and Family Services (OCFS) must mark the report as unfounded—ensuring administrative records follow judicial decisions and reducing collateral consequences for accused individuals.
Improves procedural fairness and communication. The bill clarifies timelines for record challenges and hearings, requires agencies to share court outcomes with OCFS, and codifies notice requirements—making the process more transparent for those named in reports, and helping prevent outdated or inaccurate information from affecting employment or custodial opportunities.
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Who cares
Headline styles
Change Child Abuse Record Rules
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to children and families
- Committee discharged and committed to children and families
- Referred to social services
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.
Reform Child Abuse Records
In Assembly Committee · Children And Families · Sponsor J. Gary Pretlow
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5526
2019-2020 Regular Sessions
IN SENATE
May 6, 2019
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
AN ACT to amend the social services law and the family court act, in relation to the administration of the statewide central register of child abuse and maltreatment; and to repeal certain provisions of the social services law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 422 of the social services law, as amended by section 7 of part D of chapter 501 of the laws of 2012, is amended to read as follows:
6. In all other cases, the record of the report to the statewide central register shall be expunged ten years after the eighteenth birthday of the youngest child named in the report. In cases where the report was indicated for maltreatment, the record of the report to the statewide central register shall be sealed five years after the receipt of such report. Reports sealed pursuant to this subdivision shall be maintained in the statewide central register, however such reports shall not be made available to provider or licensing agencies except that they shall be made available to authorized agencies that are considering licensing the subject of the report to become a foster or adoptive parent, and to child protective services that are considering recommending the subject of the report as a custodial or visitation resource. In the case of a child in residential care the record of the report to the statewide central register shall be expunged ten years after the reported child's eighteenth birthday. In any case and at any time, the commissioner of the office of children and family services may amend any record upon good cause shown and notice to the subjects of the report and other persons named in the report.
§ 2. Paragraph (a) of subdivision 8 of section 422 of the social services law, as amended by chapter 12 of the laws of 1996, and subpara-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11481-01-9
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graph (ii) as amended by chapter 323 of the laws of 2008, is amended to read as follows:
(a) (i) At any time subsequent to the completion of the investigation but in no event later than ninety days after the subject of the report is notified that the report is indicated or ninety days after the disposition of a case pursuant to article ten of the family court act based on the same allegations, whichever is later, the subject may request the commissioner to amend the record of the report. [If] Where a proceeding pursuant to article ten of the family court act based on the same allegations that were indicated is pending, the request to amend shall be stayed until the disposition of such family court proceeding or the conclusion of any period of adjournment in contemplation of dismissal, whichever is later. Unless such request has been stayed, if the commissioner does not amend the report in accordance with such request within ninety days of receiving the request, the subject shall have the right to a fair hearing, held in accordance with paragraph (b) of this subdivision, to determine whether the record of the report in the central register should be amended on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this title.
(ii) Upon receipt of a request to amend the record of a child abuse and maltreatment report the office of children and family services shall immediately send a written request to the child protective service or the state agency which was responsible for investigating the allegations of abuse or maltreatment for all records, reports and other information maintained by the service or state agency pertaining to such indicated report. The service or state agency shall as expeditiously as possible but within no more than twenty working days of receiving such request, forward all records, reports and other information it maintains on such indicated report to the office of children and family services, including a copy of any petition or court order based on the allegations that were indicated. [The] Unless such request to amend has been stayed, the office of children and family services shall as expeditiously as possible but within no more than fifteen working days of receiving such materials from the child protective service or state agency, review all such materials in its possession concerning the indicated report and determine, after affording such service or state agency a reasonable opportunity to present its views, whether there is a fair preponderance of the evidence to find that the subject committed the act or acts of child abuse or maltreatment giving rise to the indicated report and whether, based on guidelines developed by the office of children and family services pursuant to subdivision five of section four hundred twentyfour-a of this title, such act or acts could be relevant and reasonably related to employment of the subject of the report by a provider agency, as defined by subdivision three of section four hundred twenty-four-a of this title, or relevant and reasonably related to the subject of the report being allowed to have regular and substantial contact with children who are cared for by a provider agency, or relevant and reasonably related to the approval or disapproval of an application submitted by the subject of the report to a licensing agency, as defined by subdivision four of section four hundred twenty-four-a of this title.
(iii) If it is determined at the review held pursuant to this paragraph (a) that there is [no credible] not a preponderance of evidence in the record to find that the subject committed an act or acts of child abuse or maltreatment, the [department] office of children and family services shall amend the record to indicate that the report is "unfounded" and notify the subject forthwith.
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(iv) If it is determined at the review held pursuant to this paragraph (a) that there is [some credible] a preponderance of evidence in the record to find that the subject committed such act or acts but that such act or acts could not be relevant and reasonably related to the employment of the subject by a provider agency or to the subject being allowed to have regular and substantial contact with children who are cared for by a provider agency or the approval or disapproval of an application which could be submitted by the subject to a licensing agency, the [department] office of children and family services shall be precluded from informing a provider or licensing agency which makes an inquiry to [the department] such office pursuant to the provisions of section four hundred twenty-four-a of this title concerning the subject that the person about whom the inquiry is made is the subject of an indicated report of child abuse or maltreatment. The [department] office of children and family services shall notify forthwith the subject of the report of such determinations and that a fair hearing has been scheduled pursuant to paragraph (b) of this subdivision. The sole issue at such hearing shall be whether the subject has been shown by [some credible] a preponderance of evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report.
(v) If it is determined at the review held pursuant to this paragraph (a) that there is [some credible] a preponderance of evidence in the record to prove that the subject committed an act or acts of child abuse or maltreatment and that such act or acts could be relevant and reasonably related to the employment of the subject by a provider agency or to the subject being allowed to have regular and substantial contact with children cared for by a provider agency or the approval or disapproval of an application which could be submitted by the subject to a licensing agency, the [department] office of children and family services shall notify forthwith the subject of the report of such determinations and that a fair hearing has been scheduled pursuant to paragraph (b) of this subdivision.
§ 3. 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 to read as follows:
(i) If the [department] office of children and family services, within ninety days of receiving a request from the subject that the record of a report be amended, does not amend the record in accordance with such request, [the department] such office shall schedule a fair hearing and shall provide notice of the scheduled hearing date to the subject, the statewide central register and, as appropriate, to the child protective service or the state agency which investigated the report.
(ii) The burden of proof in such a hearing shall be on the child protective service or the state agency which investigated the report, as the case may be. In such a hearing, the fact that there is a family court finding of abuse or neglect against the subject in regard to an allegation contained in the report shall create an irrebuttable presumption that said allegation is substantiated by [some credible] a preponderance of evidence. Where the petitioning child protective agency withdraws with prejudice an allegation in a petition, or a family court finds on the merits that an allegation does not constitute abuse or neglect under the laws of the state of New York or was not supported by a preponderance of the evidence, the office of children and family services shall amend such allegation to be unfounded.
§ 4. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 8 of section 422 of the social services law, as amended by chapter 12 of the
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laws of 1996, and the opening paragraph of subparagraph (ii) as amended by chapter 323 of the laws of 2008, are amended to read as follows:
(i) If it is determined at the fair hearing that there is [no credible] not a preponderance of evidence in the record to find that the subject committed an act or acts of child abuse or maltreatment, the [department] office of children and family services shall amend the record to reflect that such a finding was made at the administrative hearing, order any child protective service or state agency which investigated the report to similarly amend its records of the report, and shall notify the subject forthwith of the determination.
(ii) Upon a determination made at a fair hearing [held on or after January first, nineteen hundred eighty-six] scheduled pursuant to the provisions of subparagraph (v) of paragraph (a) of this subdivision that the subject has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report, the hearing officer shall determine, based on guidelines developed by the office of children and family services pursuant to subdivision five of section four hundred twenty-four-a of this title, whether such act or acts are relevant and reasonably related to employment of the subject by a provider agency, as defined by subdivision three of section four hundred twenty-four-a of this title, or relevant and reasonably related to the subject being allowed to have regular and substantial contact with children who are cared for by a provider agency or relevant and reasonably related to the approval or disapproval of an application submitted by the subject to a licensing agency, as defined by subdivision four of section four hundred twentyfour-a of this title.
Upon a determination made at a fair hearing that the act or acts of abuse or maltreatment are relevant and reasonably related to employment of the subject by a provider agency or the subject being allowed to have regular and substantial contact with children who are cared for by a provider agency or the approval or denial of an application submitted by the subject to a licensing agency, the [department] office of children and family services shall notify the subject forthwith. The [department] office of children and family services shall inform a provider or licensing agency which makes an inquiry to [the department] such office pursuant to the provisions of section four hundred twenty-four-a of this title concerning the subject that the person about whom the inquiry is made is the subject of an indicated child abuse or maltreatment report.
The failure to determine at the fair hearing that the act or acts of abuse and maltreatment are relevant and reasonably related to the employment of the subject by a provider agency or to the subject being allowed to have regular and substantial contact with children who are cared for by a provider agency or the approval or denial of an application submitted by the subject to a licensing agency shall preclude the [department] office of children and family services from informing a provider or licensing agency which makes an inquiry to [the department] such office pursuant to the provisions of section four hundred twentyfour-a of this title concerning the subject that the person about whom the inquiry is made is the subject of an indicated child abuse or maltreatment report.
§ 5. Paragraph (e) of subdivision 8 of section 422 of the social services law, as added by chapter 12 of the laws of 1996, is amended to read as follows:
(e) Should the [department] office of children and family services grant the request of the subject of the report pursuant to this subdivi-
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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 and the family court act, in relation to the administration of the statewide central register of child abuse and maltreatment; and to repeal certain provisions of the social services law relating thereto
Purpose
This bill amends the Social Services Law to bring New York's Statewide Central Register of Child Abuse and Maltreatment (SCR) in line with other states that tailor the impact of indicated findings to the individual's record. The bill eliminates duplicative proceedings, limits employment consequences for cases that do not involve alleged abuse and where the person has demonstrated rehabilitation, and updates the stat- ute to accurately reflect current procedures that were developed to comply with changes in the law. In short, the bill ensures fairness and due process for people facing diminished employability for up to 28 years and eliminates harsh and disproportionate consequences.
Summary of provisions
Section one shortens to five years the time period that indicated reports of neglect in the SCR are available to employers. Currently , all indicated reports are maintained and available to employers for ten years after the 18th birthday of the youngest child listed in the report-up to 28 years-imposing exactly the same barrier to employment for single instances of neglect as for the most egregious types of phys- ical and sexual child abuse. Under this bill, indicated reports of neglect remain available for ten years after the 18th birthday of the youngest child listed in the report to investigators of subsequent alle- gations of abuse and neglect and for the screening of potential foster parents and kinship resources by child welfare agencies. This allows child welfare agencies to conduct in dividual assessments of potential foster parents and kinship resources to determine whether they should be approved in light of their SCR record. Time limits regarding indicated reports of abuse are not amended under this bill.
Read the full memo (1,682 words)
Sections two through four and six update the standard of review for SCR fair hearings to comport with modern constitutional requirements. The "some credible evidence" standard was found to be unconstitutional by state and federal courts in the 1990s, but the Social Services Law has not yet been updated to reflect this change in the law. Valmonte v. Bane, 18 F.3d 992 (2d Cir. 1994); Matter of Lee TT, 87 N.Y.2d 699 (1996).
Sections two and six eliminate unnecessary proceedings and conserve court resources. Currently, a person must request in writing that an SCR report be amended and sealed within 90 days of receiving notice of it even if they are in the midst of challenging the allegations in Family Court. Fair hearings then receive multiple adjournments pending the outcome of the court cases. This bill eliminates this wasteful overlap of proceedings by setting the 90-day clock to start when an associated Family Court case closes (the timeframe remains 90 days from notice if there is no court case filed).
Section three also eliminates unnecessary and costly administrative hearings in cases where a family court judge has already determined there is no basis to find abuse or neglect. In such cases, the corre- sponding SCR record would be automatically amended and sealed to reflect that determination. Currently, a person must separately seek to chal- lenge the SCR record even when a judge has fully addressed the allega- tions.
Section five corrects a typo in the statute.
Section seven eliminates language to ensure that all SCR fair hearings consider evidence of rehabilitation and whether an indicated report should be sealed if it is not relevant to employment.
Section eight requires the local child protective service that investi- gated an indicated report to notify the Office of Children and Family Services of the outcome of any Family Court proceeding based on the same allegations as the indicated report if there is a request to amend and seal the report in the SCR.
Section nine amends the Family Court Act to update the requirements for allocuting respondents who are making admissions or submissions to neglect in Family Court to comport with the changes made to the Social Services Law by this bill.
Justification
Under current law, New Yorkers are routinely denied employment based on unproven allegations of child abuse and neglect that remain accessible to employers and others for up to twenty-eight years. The record of such allegations is created based on a call to a state hotline, called the State Central Register (SCR), either from mandated reporters or anony- mous members of the public, alleging some form of child maltreatment. That report is then investigated by a local child welfare agency and deemed "indicated" if the agency finds "some credible evidence" to support the allegations-a measure that New York's Court of Appeals has acknowledged amounts to a "bare minimum" standard that "imposes no duty on the fact finder to weigh conflicting evidence, no matter how substan- tial, and allows a report to be indicated if only one out of several believable items of evidence supports it." Matter of Lee TT, 87 N.Y.2d 699 (1996). Of these indicated cases, thousands are never reviewed by a judge to determine whether the allegations can meet a higher level of scrutiny that would warrant drastically limiting a person's employabili- ty for up to 28 years. The current law's impact is enormous: nearly 5 0,000 indicated reports are added to the SCR every year.
The vast majority of allegations made to the SCR involve poverty-related neglect, not child abuse. Common allegations of neglect include lack of adequate housing, failure to provide adequate childcare, failure to provide adequate education, and parental substance abuse. Under current law, there is no distinction in the employment consequences imposed for poverty-related neglect from the employment consequences for caregivers who have committed the most egregious types of physical and sexual abuse.
A wide range of employers are required to do SCR background checks before hiring. These include not only childcare and educational provid- ers, but a variety of entities providing services such as healthcare and transportation if they serve children as well as adults. Consequently, an indicated report in the SCR severely hanipers a parent's ability to keep or secure employment.
New York's Central Register laws are among the most stringent in the nation. States like Illinois and Pennsylvania, for example, have more flexible statutes that recognize the significant stigma and collateral consequences faced by people with an indicated report in the SCR. In Pennsylvania, indicated reports are maintained for 5 years after the case is closed. Cons. Stat. Tit. 23, §§ 6337; 6338(b) Illinois distin- guishes between reports that are indicated for abuse and neglect, allow- ing indicated reports for neglect to be expunged after five years if no additional reports are indicated. Comp. Stat. Ch. 325, § 5/7.14. It is time for New York law to distinguish neglect from abuse and tailor collateral employment consequences to the individual. This would allow caretakers to better provide for their families and reduce the number of administrative reviews and fair hearings that the Office of Children and Family Services is required to administer.
The current administrative process wastes resources on duplicative proceedings because it does not coordinate the outcomes of Family Court proceedings with SCR records. When a Family Court judge finds in favor of the parent, the SCR report remains intact unless the parent seeks review in the separate administrative process, which leads to unneces- sary fair hearings. Additionally, because under current law people must seek certain administrative review (review pursuant to Social Services Law § 422) within 90 days of receiving notice of an indicated report, even if they are in the process of challenging the allegations in Family Court, fair hearings are often scheduled and then adjourned for many months pending the outcome of court cases. By setting the 90-day clock to start when an associated Family Court case closes, the bill elimi- nates this wasteful overlap in proceedings (the timeframe remains 90 days from notice if there is no associated court case).
Finally, this bill updates the statute to follow existing governing case law, codifying the changes to actual administrative procedures that were implemented to comport with the decisions of the U.S. Court of Appeals and the New York Court of Appeals in Valmonte v. Bane, 18 F.3d 992 (2d Cir. 1994), and Matter of Lee TI', 87 N.Y.2d 699 (1996). This case law requires a pre-deprivation fair hearing with a preponderance of the evidence standard, and the bill would amend the statute to accurately describe these current procedures. Additionally, in striking down portions of the statute as unconstitutional, these cases led to an unin- tended anomaly in that some, but not all, SCR fair hearings consider evidence of rehabilitation and whether an indicated report should be sealed if it is not relevant to employment. Currently, people with indi- cated reports are only provided a "relevancy analysis," at which sealing the records based on evidence of rehabilitation is considered only if they request a hearing within 90 days of notice of the indicated report. Fair hearings are often requested and held years later, when there is significant evidence of rehabilitation (for example, documentation of compliance with an alcohol or drug treatment program and a track record of long-term sobriety), but under current procedures, this evidence is not considered and Administrative Law Judges do not have the option of sealing indicated reports as they do in earlier hearings. This bill would apply the relevancy standard to every hearing, allowing Adminis- trative Law Judges to consider evidence of rehabilitation when it is available.
In short, New York is long overdue to update the Social Services Law to limit collateral consequences for parents, streamline court processes to make the system more efficient and fair, and to amend the law to comport with constitutional requirements. This bill will promote access to employment for thousands of families every year at no cost to the state.
Fiscal implications
Revenue Neutral/Potential Revenue Savings
Effective date
Parts of this act shall take effect immediately and parts shall take effect six months after it shall have become a law.
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