NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10212
SPONSOR: Rules (Frontus) TITLE OF BILL:
An act to amend the family court act, in relation to notices given to
respondents in child abuse and neglect proceedings in family court
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend the family court act regarding the
notice provided to those accepting an admission or consenting to a find-
ing of maltreatment or abuse.
SUMMARY OF PROVISIONS:
This bill would update the notice provided to individuals in Article 10
proceedings in which they have either accepted an allegation of or
consented to a finding of abuse or maltreatment. The notice would clari-
fy that any report made to the state central register where the court
makes a finding of abuse or neglect will remain indicated in the state
central register's database for ten years after the youngest child that
was indicated on the report's 18th birthday unless vacated or dismissed
beforehand. The notice, would also inform the individual that they would
be unable to amend such report.
Additionally, the notice would be updated to include a reference to the
recently enacted changes, informing the individual that their record
would be legally sealed after eight years for findings of maltreatment,
unless it is sealed in an earlier administrative proceeding. The notice
would also be updated to more clearly explain the implications of an
indicated report on the state central register as it relates to employ-
ment and volunteer opportunities, where there is the potential for regu-
lar and substantial interaction with children.
JUSTIFICATION:
It is important to ensure individuals who are involved in an Article 10
proceeding with a potential finding of abuse or maltreatment are
informed of how such indicated report on the state central register
would impact their future ability to obtain or maintain employment or
the ability to volunteer in a position where they have the potential to
for regular and substantial contact with children or to become a foster
or adoptive parent.
This bill would update the notice to more clearly articulate the impact
indicated records may have on individuals to ensure they are making
informed decisions before accept or consent to allegations of abuse or
maltreatment. Additionally, the bill would ensure individuals receive
notice related to a recent update to how records related to maltreatment
are treated to ensure individuals can make informed decisions.
PRIOR LEGISLATIVE HISTORY:
None. New Proposal
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
10212
IN ASSEMBLY
May 6, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Frontus) --
read once and referred to the Committee on Children and Families
AN ACT to amend the family court act, in relation to notices given to
respondents in child abuse and neglect proceedings in family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (iii) of subdivision (f) of section 1051 of the
2 family court act, as added by chapter 430 of the laws of 1994, is
3 amended to read as follows:
4 (iii) that [the] any report made to the state central register of
5 child abuse and maltreatment [upon which the petition is based] of alle-
6 gations on which the court makes a finding of abuse or neglect will
7 remain [on file] indicated in the register until ten years after the
8 eighteenth birthday of the youngest child named in such report unless
9 such finding is vacated or dismissed, and that:
10 (A) the respondent will be unable to [obtain expungement of] amend
11 such report[,] in the state central register;
12 (B) if the court finding is for neglect, it shall be legally sealed
13 eight years after the report was made unless it is sealed earlier in an
14 administrative proceeding; and [that]
15 (C) the existence of such report, which is not legally sealed, may be
16 made known to employers seeking to screen employee or volunteer appli-
17 cants [in the field of child care] for positions where the individual
18 has the potential for regular and substantial contact with children, and
19 to child care agencies if the respondent applies to become a foster
20 parent or adoptive parent.
21 § 2. This act shall take effect on the sixtieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15751-01-2
