S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7094

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2011
                               ___________

Introduced  by  M.  of  A.  N. RIVERA  --  read once and referred to the
  Committee on Children and Families

AN ACT to amend the social services law, in relation  to  the  confiden-
  tiality  of  calls to certain hotlines operated by the office of chil-
  dren and family services and in relation to cross references to  penal
  law provisions on filing a false report in the third degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 372-g of the social services  law,
as  added  by  chapter  156  of  the laws of 2000, is amended to read as
follows:
  3. establishment of toll-free telephone hotlines to  provide  informa-
tion.    ANY RECORDS THAT COULD IDENTIFY CALLERS TO ANY SUCH HOTLINE ARE
CONFIDENTIAL. SHOULD THE OFFICE MAINTAIN ANY RECORDS CONCERNING CALLS TO
ANY SUCH HOTLINE, INFORMATION CONCERNING THE CONTENT OF SUCH CALLS SHALL
ALSO BE CONFIDENTIAL AND SHALL NOT BE  AVAILABLE  EXCEPT  IN  ACCORDANCE
WITH A COURT ORDER WHERE THE COURT HAS MADE A FINDING THAT SUCH INFORMA-
TION  IS  NECESSARY  FOR THE DETERMINATION OF AN ISSUE BEFORE THE COURT.
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE OFFICE  TO
MAINTAIN ANY RECORD OF ANY CALL TO ANY SUCH HOTLINE.
  S  2.  Subparagraphs (i) and (iv) of paragraph (c) of subdivision 3 of
section 390 of the social services law, subparagraph (i) as amended  and
subparagraph  (iv)  as  added  by  chapter  416 of the laws of 2000, are
amended to read as follows:
  (i) The office of children and family services shall establish a toll-
free statewide telephone number to receive  inquiries  about  child  day
care  homes, programs and facilities and complaints of violations of the
requirements of this  section  or  regulations  promulgated  under  this
section.   ANY  RECORDS  THAT  COULD  IDENTIFY  CALLERS  COMPLAINING  OF
VIOLATIONS SHALL BE CONFIDENTIAL. The  office  of  children  and  family
services  shall  develop a system for investigation, which shall include

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06890-01-1
              

A. 7094                             2

inspection, of such  complaints.  The  office  of  children  and  family
services  may  provide  for  such  investigations  through  purchase  of
services. The office of children and family  services  shall  develop  a
process  for  publicizing  such toll-free telephone number to the public
for making inquiries or complaints about child day care homes,  programs
or facilities.
  (iv) Nothing in this paragraph shall be construed to require or permit
the  disclosure  either  orally or in writing of any information that is
confidential pursuant to law.  THE OFFICE SHALL NOT DISCLOSE ANY RECORDS
THAT COULD IDENTIFY PERSONS WHO HAVE MADE COMPLAINTS  TO  THE  TOLL-FREE
TELEPHONE  NUMBER  EXCEPT:  WITH SUCH PERSON'S WRITTEN PERMISSION; TO AN
APPROPRIATE LAW ENFORCEMENT AGENCY WHERE SUCH AGENCY STATES  IN  WRITING
THAT  SUCH  INFORMATION IS NECESSARY TO CONDUCT A CRIMINAL INVESTIGATION
OR CRIMINAL PROSECUTION; OR IN ACCORDANCE WITH A COURT ORDER  WHERE  THE
COURT  HAS  MADE  A  FINDING  THAT SUCH INFORMATION IS NECESSARY FOR THE
DETERMINATION OF AN ISSUE BEFORE THE COURT.
  S 3. Paragraph (c) of subdivision 2  of  section  422  of  the  social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
  (c)  Whenever  a  telephone  call  to  the  statewide central register
described in this section is received  by  the  [department]  OFFICE  OF
CHILDREN AND FAMILY SERVICES, and the [department] OFFICE finds that the
person allegedly responsible for abuse or maltreatment of a child cannot
be  a subject of a report as defined in subdivision four of section four
hundred twelve of this chapter, but believes that the  alleged  acts  or
circumstances  against  a  child  described  in  the  telephone call may
constitute a crime or an immediate threat to the child's health or safe-
ty, the [department] OFFICE shall convey by  the  most  expedient  means
available the information contained in such telephone call to the appro-
priate  law  enforcement agency, district attorney or other public offi-
cial empowered to provide necessary aid or assistance. ANY RECORD OF ANY
SUCH TELEPHONE CALL SHALL BE CONFIDENTIAL AND  SHALL  NOT  BE  DISCLOSED
EXCEPT AS PROVIDED IN THIS PARAGRAPH.
  S  4.  Subdivision  2  of  section  422  of the social services law is
amended by adding a new paragraph (d) to read as follows:
  (D) ANY RECORD MAINTAINED BY THE STATEWIDE CENTRAL REGISTER CONCERNING
A CALL TO THE STATEWIDE CENTRAL REGISTER  THAT  DOES  NOT  CONSTITUTE  A
REPORT  OF SUSPECTED CHILD ABUSE OR MALTREATMENT FOR A REASON OTHER THAN
THAT SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL  BE  CONFIDEN-
TIAL AND SHALL BE AVAILABLE ONLY TO AN APPROPRIATE LAW ENFORCEMENT AGEN-
CY  WHERE  SUCH AGENCY STATES IN WRITING THAT SUCH INFORMATION IS NECES-
SARY TO CONDUCT A CRIMINAL INVESTIGATION OR CRIMINAL PROSECUTION, OR  IN
ACCORDANCE  WITH  A  COURT ORDER WHERE THE COURT HAS MADE A FINDING THAT
SUCH INFORMATION IS NECESSARY FOR THE DETERMINATION OF AN  ISSUE  BEFORE
THE  COURT.  NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE THE
STATEWIDE CENTRAL REGISTER TO MAINTAIN ANY RECORD NOT OTHERWISE REQUIRED
BY LAW OF ANY CALL TO THE  STATEWIDE  CENTRAL  REGISTER  THAT  DOES  NOT
CONSTITUTE A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT.
  S  5.    Subdivision  4  of section 422 of the social services law, as
amended by chapter 677 of the laws of 1985, paragraph (A) as amended  by
chapter  12  of  the  laws of 1996, subparagraph (1) of paragraph (A) as
amended by chapter 35 of the laws of 2001, subparagraphs (r) and (t)  as
amended  by  chapter 41 of the laws of 2010, clause (ii) of subparagraph
(v) as amended and subparagraph (w) of paragraph (A)  as added by  chap-
ter 136 of the laws of 1999 and subparagraphs (x) and (y) as amended and

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subparagraph  (z)  of  paragraph  (A) as added by section 1 of part A of
chapter 327 of the laws of 2007, is amended to read as follows:
  4.  (A) Reports made pursuant to this title [as well as] AND any other
information obtained, reports written or  photographs  taken  concerning
such  reports, AS WELL AS RECORDS PERTAINING TO TELEPHONE CALLS RECEIVED
PURSUANT TO THIS SECTION, in the possession of the  [department]  OFFICE
OF CHILDREN AND FAMILY SERVICES, local departments, or the commission on
quality  of  care  [for  the mentally disabled] AND ADVOCACY FOR PERSONS
WITH DISABILITIES, shall be confidential and shall only be  made  avail-
able to:
  (a)  a  physician  who  has  before  him or her a child whom he or she
reasonably suspects may be abused or maltreated;
  (b) a person authorized to place a child in  protective  custody  when
such  person  has  before  him  or her a child whom he or she reasonably
suspects may be abused or maltreated and such person requires the infor-
mation in the record to determine whether to place the child in  protec-
tive custody;
  (c) a duly authorized agency having the responsibility for the care or
supervision  of a child who is reported to the central register of abuse
and maltreatment;
  (d) any person who is the subject of the report or other persons named
in the report;
  (e) a court, upon a finding that the  information  in  the  record  is
necessary for the determination of an issue before the court;
  (f) a grand jury, upon a finding that the information in the record is
necessary for the determination of charges before the grand jury;
  (g)  any appropriate state legislative committee responsible for child
protective legislation;
  (h) any person engaged in  a  bona  fide  research  purpose  provided,
however,  that  no information identifying the subjects of the report or
other persons named in  the  report  shall  be  made  available  to  the
researcher unless it is absolutely essential to the research purpose and
the department gives prior approval;
  (i)  a provider agency as defined by subdivision three of section four
hundred twenty-four-a of this [chapter] TITLE, or a licensing agency  as
defined  by  subdivision  four  of section four hundred twenty-four-a of
this [chapter] TITLE, subject to the provisions of such section;
  (j) the state commission on quality of care for the mentally  disabled
in  connection  with  an investigation being conducted by the commission
pursuant to article forty-five of the mental hygiene law;
  (k) a probation service conducting an investigation pursuant to  arti-
cle  three  or  seven  or  section six hundred fifty-three of the family
court act where there is reason to suspect  the  child  or  the  child's
sibling  may  have  been abused or maltreated and such child or sibling,
parent, guardian or other person legally responsible for the child is  a
person  named  in an indicated report of child abuse or maltreatment and
that such information is necessary for the making of a determination  or
recommendation  to  the court; or a probation service regarding a person
about whom it is conducting an investigation pursuant to  article  three
hundred  ninety of the criminal procedure law, or a probation service or
the state division of parole regarding a person to whom the  service  or
division is providing supervision pursuant to article sixty of the penal
law  or section two hundred fifty-nine-a of the executive law, where the
subject of investigation or supervision has been convicted of  a  felony
under article one hundred twenty, one hundred twenty-five or one hundred
thirty-five  of the penal law or any felony or misdemeanor under article

A. 7094                             4

one hundred thirty, two hundred thirty-five, two hundred forty-five, two
hundred sixty or two hundred sixty-three of the penal law, or  has  been
indicted  for  any such felony and, as a result, has been convicted of a
crime  under  the  penal law, where the service or division requests the
information upon a certification that such information is  necessary  to
conduct  its  investigation,  that  there is reasonable cause to believe
that the subject of an investigation is  the  subject  of  an  indicated
report  and  that there is reasonable cause to believe that such records
are necessary to the investigation by the probation service or the state
division of parole, provided, however, that only indicated reports shall
be furnished pursuant to this subdivision;
  (l) a district attorney, an assistant district  attorney  or  investi-
gator  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
city  police  department, or of a county, town or village police depart-
ment or  county  sheriff's  office  or  department  when  such  official
requests  such information stating that such information is necessary to
conduct a criminal investigation or criminal prosecution  of  a  person,
that  there  is  reasonable  cause  to  believe  that such person is the
subject of a report, and that it is reasonable to believe  that  due  to
the  nature of the crime under investigation or prosecution, such person
is the subject of a report, and that it is reasonable  to  believe  that
due to that nature of the crime under investigation or prosecution, such
records may be related to the criminal investigation or prosecution;
  (m)  the  New  York city department of investigation provided however,
that no information identifying the subjects  of  the  report  or  other
persons named in the report shall be made available to the department of
investigation  unless  such information is essential to an investigation
within the legal authority of the department of  investigation  and  the
state department of social services gives prior approval;
  (n)  chief executive officers of authorized agencies, directors of day
care centers and directors of facilities operated or supervised  by  the
department of education, the [division for youth] OFFICE OF CHILDREN AND
FAMILY  SERVICES,  the  office of mental health or the office [of mental
retardation  and]  FOR  PEOPLE  WITH  developmental   disabilities,   in
connection  with a disciplinary investigation, action, or administrative
or judicial proceeding instituted by any of such officers  or  directors
against  an  employee  of any such agency, center or facility who is the
subject of an indicated report when the incident of abuse  or  maltreat-
ment contained in the report occurred in the agency, center, facility or
program,  and the purpose of such proceeding is to determine whether the
employee should be retained or discharged; provided, however,  a  person
given  access  to information pursuant to this subparagraph [(n)] shall,
notwithstanding any inconsistent provision  of  law,  be  authorized  to
redisclose  such information only if the purpose of such redisclosure is
to initiate or present evidence in  a  disciplinary,  administrative  or
judicial  proceeding concerning the continued employment or the terms of
employment of an employee of such agency, center  or  facility  who  has
been  named  as  a  subject  of  an indicated report and, in addition, a
person or agency given access to information pursuant to  this  subpara-
graph  [(n)]  shall  also  be  given  information not otherwise provided
concerning the subject of an indicated report where the commission of an
act or acts by such subject has been determined in proceedings  pursuant
to article ten of the family court act to constitute abuse or neglect;
  (o)  a provider or coordinator of services to which a child protective
service or social services district has referred a child  or  a  child's

A. 7094                             5

family  or  to  whom the child or the child's family have referred them-
selves at the request of the child protective service or social services
district, where said child is reported to the register when the records,
reports  or  other  information  are necessary to enable the provider or
coordinator to establish and implement a plan of service for  the  child
or  the  child's family, or to monitor the provision and coordination of
services and the circumstances of the child and the child's  family,  or
to  directly  provide  services;  provided,  however, that a provider of
services may include appropriate health care or school district  person-
nel, as such terms shall be defined by the department; provided however,
a  provider  or  coordinator  of  services  given  access to information
concerning a child pursuant to this subparagraph [(o)]  shall,  notwith-
standing  any inconsistent provision of law, be authorized to redisclose
such information  to  other  persons  or  agencies  which  also  provide
services  to  the  child  or the child's family only if the consolidated
services plan prepared and approved pursuant to section thirty-four-a of
this chapter describes the agreement that has been or  will  be  reached
between  the  provider or coordinator of service and the local district.
An agreement entered into pursuant to this  subparagraph  shall  include
the specific agencies and categories of individuals to whom redisclosure
by  the  provider  or  coordinator of services is authorized. Persons or
agencies given access to information pursuant to this  subparagraph  may
exchange  such information in order to facilitate the provision or coor-
dination of services to the child or the child's family;
  (p) a disinterested person making an investigation pursuant to section
one hundred sixteen of the domestic relations law,  provided  that  such
disinterested  person  shall only make this information available to the
judge before whom the adoption proceeding is pending;
  (q) a criminal justice agency conducting an investigation of a missing
child where there is reason  to  suspect  such  child  or  such  child's
sibling,  parent,  guardian or other person legally responsible for such
child is a person named  in  an  indicated  report  of  child  abuse  or
maltreatment  and that such information is needed to further such inves-
tigation;
  (r) in relation to a report involving a child in residential care, the
director or operator of the residential  facility  or  program  and,  as
appropriate,  the  local social services commissioner or school district
placing the child, the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, the department of education, the commission on  quality  of
care  for the mentally disabled, the office of mental health, the office
[of mental retardation and] FOR PEOPLE WITH developmental  disabilities,
and  any attorney appointed to represent the child whose appointment has
been continued by a family court judge during the term of the placement,
subject to the limitations contained in subdivisions  nine  and  ten  of
this  section and subdivision five of section four hundred twenty-four-c
of this title;
  (s) a child protective service of  another  state  when  such  service
certifies that the records and reports are necessary in order to conduct
a  child  abuse or maltreatment investigation within its jurisdiction of
the subject of the report  and  shall  be  used  only  for  purposes  of
conducting  such  investigation and will not be redisclosed to any other
person or agency;
  (t) an attorney for a child, appointed pursuant to the  provisions  of
section  one  thousand sixteen of the family court act, at any time such
appointment is in effect,  in  relation  to  any  report  in  which  the
respondent  in the proceeding in which the attorney for a child has been

A. 7094                             6

appointed is the subject or another person named in the report, pursuant
to sections one thousand thirty-nine-a and one thousand  fifty-two-a  of
the family court act;
  (u)  a  child  care  resource  and  referral  program  subject  to the
provisions of subdivision six of section four hundred  twenty-four-a  of
this title;
  (v)(i)  officers and employees of the state comptroller or of the city
comptroller of the city of New York, or of the county officer designated
by law or charter to perform the auditing function  in  any  county  not
wholly  contained  within  a  city,  for  purposes  of a duly authorized
performance audit, provided that such comptroller shall  have  certified
to  the  keeper of such records that he or she has instituted procedures
developed in consultation with the department to limit access to client-
identifiable information  to  persons  requiring  such  information  for
purposes of the audit and that appropriate controls and prohibitions are
imposed   on   the   dissemination  of  client-identifiable  information
contained in the conduct of the audit.  Information  pertaining  to  the
substance  or  content  of  any psychological, psychiatric, therapeutic,
clinical or medical reports, evaluations or like materials  or  informa-
tion  pertaining  to  such child or the child's family shall not be made
available to such officers  and  employees  unless  disclosure  of  such
information  is  absolutely essential to the specific audit activity and
the department gives prior written approval.
  (ii) any failure to maintain the confidentiality of  client-identifia-
ble  information  shall subject such comptroller or officer to denial of
any further access to records until such time as the  audit  agency  has
reviewed  its procedures concerning controls and prohibitions imposed on
the dissemination of such information and has taken all  reasonable  and
appropriate steps to eliminate such lapses in maintaining confidentiali-
ty  to  the  satisfaction of the office of children and family services.
The office of children and family services shall establish  the  grounds
for  denial  of access to records contained under this section and shall
recommend as necessary a  plan  of  remediation  to  the  audit  agency.
Except  as  provided in this section, nothing in this subparagraph shall
be construed as limiting the powers of such comptroller  or  officer  to
access  records  which  he  or  she  is otherwise authorized to audit or
obtain under any other applicable provision of  law.  Any  person  given
access to information pursuant to this subparagraph who releases data or
information to persons or agencies not authorized to receive such infor-
mation shall be guilty of a class A misdemeanor;
  (w)  members  of  a local or regional fatality review team approved by
the office of children and family services in  accordance  with  section
four hundred twenty-two-b of this title;
  (x)  members  of  a  local or regional multidisciplinary investigative
team as established pursuant to subdivision six of section four  hundred
twenty-three of this title;
  (y)  members  of  a  citizen  review  panel as established pursuant to
section three hundred seventy-one-b of this article; provided,  however,
members  of  a  citizen review panel shall not disclose to any person or
government official any identifying information which the panel has been
provided and shall not make public other  information  unless  otherwise
authorized by statute; and
  (z)  an  entity  with  appropriate legal authority in another state to
license, certify or otherwise approve prospective  foster  and  adoptive
parents where disclosure of information regarding the prospective foster
or  adoptive parents and other persons over the age of eighteen residing

A. 7094                             7

in the home of such prospective parents is required by paragraph  twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code.
  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  shall  receive,  upon
request, the findings of an investigation made pursuant to this title or
section  45.07 of the mental hygiene law. However, no information may be
released unless the person or official's identity is  confirmed  by  the
[department]  OFFICE.  If the request for such information is made prior
to the completion of an investigation of a report, the released informa-
tion 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 initi-
ate 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, TELEPHONE NUMBERS OR OTHER CONTACT INFORMATION
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 to information
pursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m)[,]  AND  (o)
[and  (q)]  of  this  paragraph,  such  persons or agencies may give and
receive such information to each other in order to facilitate an  inves-
tigation 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
records,  reports  or  other  information or parts thereof maintained by

A. 7094                             8

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 ther-
eof 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.
  S 6. Subparagraph (v) of paragraph (a),  paragraphs  (b)  and  (c)  of
subdivision  5  and subdivision 14 of section 422 of the social services
law, subparagraph (v) of paragraph (a) and paragraph (b) of  subdivision
5 as amended, and paragraph (c) of subdivision 5 as added by chapter 555
of  the  laws  of 2000 and subdivision 14 as added by chapter 477 of the
laws of 1989, are amended to read as follows:
  (v) to a district attorney, an assistant district attorney, an  inves-
tigator  employed  in  the  office of a district attorney, or to a sworn
officer of the division of state police, of  a  city,  county,  town  or
village  police  department  or  of  a county sheriff's office when such
official verifies that the report is  necessary  to  conduct  an  active
investigation  or prosecution of a violation of subdivision [three] FOUR
of section [240.55] 240.50 of the penal law.
  (b) Persons given access to unfounded reports pursuant to subparagraph
(v) of paragraph (a) of  this  subdivision  shall  not  redisclose  such
reports except as necessary to conduct such appropriate investigation or
prosecution  and  shall  request  of  the  court that any copies of such
reports produced in any court proceeding be redacted to remove the names
of the subjects and other persons named in the reports or that the court
issue an order protecting the names of the subjects  and  other  persons
named  in the reports from public disclosure. The local child protective
service or state agency shall not indicate the subsequent report  solely
based  upon  the  existence  of  the  prior unfounded report or reports.
Notwithstanding section four hundred fifteen of this title, section  one
thousand  forty-six  of  the  family  court act, or, except as set forth
herein, any other provision of law to the contrary, an unfounded  report
shall  not be admissible in any judicial or administrative proceeding or
action; provided, however, an unfounded report may  be  introduced  into
evidence:  (i)  by  the  subject  of  the report where such subject is a
respondent in a proceeding under article ten of the family court act  or
is  a  plaintiff  or petitioner in a civil action or proceeding alleging
the false reporting of child abuse or maltreatment; or (ii) in a  crimi-
nal  court  for  the  purpose  of prosecuting a violation of subdivision
[three] FOUR of section [240.55] 240.50 of the penal law. Legally sealed
unfounded reports shall be expunged ten years after the receipt  of  the
report.   Whenever the office of children and family services determines
that there is some credible evidence  of  abuse  or  maltreatment  as  a
result of an investigation of a report conducted pursuant to subdivision
(c)  of  section 45.07 of the mental hygiene law, the office of children
and family services shall notify the commission on quality of  care  for
the mentally disabled.
  (c) Notwithstanding any other provision of law, the office of children
and  family  services may, in its discretion, grant a request to expunge
an unfounded report where: (i) the source of the report was convicted of
a violation of subdivision [three] FOUR of section  [240.55]  240.50  of
the  penal  law  in  regard  to  such report; or (ii) the subject of the

A. 7094                             9

report presents clear and convincing evidence that affirmatively refutes
the allegation of abuse or  maltreatment;  provided  however,  that  the
absence  of  credible  evidence  supporting  the  allegation of abuse or
maltreatment  shall not be the sole basis to expunge the report. Nothing
in this paragraph shall  require  the  office  of  children  and  family
services  to  hold  an  administrative  hearing  in  deciding whether to
expunge a report. Such office shall make its determination upon  review-
ing  the written evidence submitted by the subject of the report and any
records or information obtained from the state  or  local  agency  which
investigated the allegations of abuse or maltreatment.
  14.  The  department  shall refer suspected cases of falsely reporting
child abuse and maltreatment in violation of subdivision [three] FOUR of
section [240.55] 240.50 of the penal law to the appropriate law enforce-
ment agency or district attorney.
  S 7. Subdivision 8 of section 424 of the social services law, as added
by chapter 477 of the laws of 1989, is amended to read as follows:
  8.  refer  suspected  cases  of  falsely  reporting  child  abuse  and
maltreatment  in  violation  of  subdivision  [three]  FOUR  of  section
[240.55] 240.50 of the penal law  to  the  appropriate  law  enforcement
agency or district attorney;
  S  8.  Subdivision  12  of  section 422 of the social services law, as
added by chapter 1039 of the laws of 1973 and renumbered by chapter  676
of the laws of 1985, is amended to read as follows:
  12.  (A)  Any  person who willfully DISCLOSES, permits [and any person
who] THE DISCLOSURE OF, OR encourages the release of any data and infor-
mation contained in the central register  to  persons  or  agencies  not
permitted by this title shall be guilty of a class A misdemeanor.
  (B)  ANY  PERSON  WHO  WILLFULLY  AND WRONGFULLY ACCESSES OR DISCLOSES
INFORMATION OR RECORDS THAT ARE CONFIDENTIAL UNDER THIS SECTION SHALL BE
GUILTY OF A CLASS A MISDEMEANOR.
  S 9. This act shall take effect immediately; except that section eight
of this act shall take effect on the first of November  next  succeeding
the date on which it shall have become a law.