§ 215-B — Children; adverse information; notification

§ 215-b. Children; adverse information; notification. 1. For purposes\nof this section, the following terms shall have the following meanings:\n (a) "Child" means any person under the age of sixteen;\n (b) "Parent" means the birth or adoptive parent, the guardian or other\nadult having legal responsibility for the child;\n (c) "Person" means any individual, partnership, corporation,\nassociation or other business entity or any employee thereof which\nregularly maintains a place of business which is open to the public and\nwhich operates or is operated for the purpose of offering for sale,\nwhether at wholesale, retail or otherwise, a consumer commodity for\npurchase by the public;\n (d) "Adverse information file" means any written or other\ncommunication of any information with respect to the alleged commission\nby a child of an act of theft within or directly proximate to any place\nof business operated by such person which alleged acts had they been\ncommitted by an adult would constitute misdemeanor larcenies under the\npenal law. Any information contained in such file on such child that is\nlikely to have an effect upon the ability or eligibility of such child,\neither while he is a child or upon attaining a legal status other than a\nchild, to obtain credit, insurance, employment, or other benefits, goods\nor services for which he may seek shall be deemed to be adverse\ninformation within the meaning of such term. Any such information shall\nbe deemed to be adverse without regard to whether any legal action as\nauthorized by the family court act or the penal law was ever commenced\nagainst such child with regards to the alleged act of theft;\n (e) "Consumer reporting agency" means any person who, for monetary\nfees, dues, or on a cooperative nonprofit basis, regularly engages in\nwhole or in part in gathering, assembling or evaluating consumer credit\ninformation or other information on, about or relating to consumers,\nemployees or potential employees for the purpose of furnishing reports\nto third parties.\n 2. Any person who opens or causes to be opened an adverse information\nfile shall:\n (a) Open such adverse information file within seven days of the\nalleged commission of a theft;\n (b) Notify a parent of such child by regular mail within seventy-two\nhours, exclusive of weekends and holidays, of the time such file is\nopened, and make known to such parent by such notice that an adverse\ninformation file has been opened on his child by such person and such\nnotice shall be accompanied by copies of any documents in the file,\nincluding the written statements of admission or denial signed by his\nchild. Such notice shall contain a telephone number for the parent to\ncall to arrange for an appointment and an address to mail additional\nmaterial for the file. Every person required to make the notification\nrequired by this paragraph shall use reasonable diligence and effort to\nascertain the proper identity and location of a parent so as to assure\nthat the provisions of this subdivision shall be complied with. In the\nevent that a child divulges a false parent identity or location to a\nperson, the person shall be exempted from the notification requirements\nof this paragraph unless the person has actual knowledge of the true\nidentity or location of a parent. The notification requirements of this\nparagraph shall not apply if the child falsely reports or gives false\nevidence of his age to be sixteen years or over to such person unless\nthe person has actual knowledge that such child is under the age of\nsixteen. The notification required in this paragraph shall be made\nwithout regard to whether any legal action as authorized by the family\ncourt act or the penal law was ever commenced against such child with\nregards to the alleged act of theft;\n (c) Further notify the parent of such child in the notification\nprovided for in paragraph (b) of this subdivision that such parent shall\nhave the right to request that a written statement of two hundred and\nfifty words or less to be prepared by the child or parent relevant to\nthe alleged act of theft be submitted and contained in such adverse\ninformation file. Upon such request and submission the written statement\nshall be attached to and included with such adverse information file.\n 3. No person shall provide access to, give, forward or make available\nany adverse information file or any part thereof to any consumer\nreporting agency.\n 4. Any person who fails to comply with the requirements of this\nsection applicable to such person shall be liable to the child in an\naction commenced on behalf of such child in an amount equal to the sum\nof:\n (a) Any actual damages sustained by the child as a result of any\nviolation of this section;\n (b) Such amount of punitive damages as the court may allow; and\n (c) In the case of any successful action to enforce any liability\nunder this section together with reasonable attorney's fees as\ndetermined by the court.\n