A10212 Summary:

BILL NOA10212
 
SAME ASNo Same As
 
SPONSORRules (Frontus)
 
COSPNSR
 
MLTSPNSR
 
Amd §1051, Fam Ct Act
 
Relates to the sealing of notices given to respondents in child abuse and neglect proceedings in family court.
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A10212 Actions:

BILL NOA10212
 
05/06/2022referred to children and families
05/10/2022reported referred to codes
05/17/2022reported referred to rules
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A10212 Committee Votes:

CHILDREN AND FAMILIES Chair:Hevesi DATE:05/10/2022AYE/NAY:16/0 Action: Favorable refer to committee Codes
HevesiAyeByrnesAye
DavilaAyeSalkaAye
VanelAyeGallahanAye
Jean-PierreAyeBrownAye
FrontusAye
DarlingAye
AndersonAye
ClarkAye
LunsfordAye
MeeksAye
Gonzalez-RojasAye
MitaynesAye

CODES Chair:Dinowitz DATE:05/17/2022AYE/NAY:21/0 Action: Favorable refer to committee Rules
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
AbinantiAye
WeprinAye
HevesiAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye
CarrollAye

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A10212 Floor Votes:

There are no votes for this bill in this legislative session.
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A10212 Memo:

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.
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A10212 Text:



 
                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
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