§ 422 — Statewide central register of child abuse and maltreatment

New York § 422

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6: Child Protective Services
• Art. 6: Children

Text

§ 422. Statewide central register of child abuse and maltreatment. 1.\nThere shall be established in the office of children and family services\na statewide central register of child abuse and maltreatment reports\nmade pursuant to this title.\n 2. * (a) The central register shall be capable of receiving telephone\ncalls alleging child abuse or maltreatment and of immediately\nidentifying prior reports of child abuse or maltreatment and capable of\nmonitoring the provision of child protective service twenty-four hours a\nday, seven days a week. To effectuate this purpose, but subject to the\nprovisions of the appropriate local plan for the provision of child\nprotective services, there shall be a single statewide telephone number\nthat all persons, whether mandated by the law or not, may use to make\ntelephone calls alleging child abuse or maltreatment and that all\npersons so authorized by this title may use for determining the\nexistence of prior reports in order to evaluate the condition or\ncircumstances of a child. In addition to the single statewide telephone\nnumber, there shall be a special unlisted express telephone number and a\ntelephone facsimile number for use only by persons mandated by law to\nmake telephone calls, or to transmit telephone facsimile information on\na form provided by the commissioner of children and family services,\nalleging child abuse or maltreatment, and for use by all persons so\nauthorized by this title for determining the existence of prior reports\nin order to evaluate the condition or circumstances of a child. When any\nallegations contained in such telephone calls could reasonably\nconstitute a report of child abuse or maltreatment, after utilizing\nprotocols that would reduce implicit bias from the decision-making\nprocess, such allegations and any previous reports to the central\nregistry involving the subject of such report or children named in such\nreport, including any previous report containing allegations of child\nabuse and maltreatment alleged to have occurred in other counties and\ndistricts in New York state shall be immediately transmitted orally or\nelectronically by the office of children and family services to the\nappropriate local child protective service for investigation. The\ninability of the person calling the register to identify the alleged\nperpetrator shall, in no circumstance, constitute the sole cause for the\nregister to reject such allegation or fail to transmit such allegation\nfor investigation. If the records indicate a previous report concerning\na subject of the report, the child alleged to be abused or maltreated, a\nsibling, other children in the household, other persons named in the\nreport or other pertinent information, the appropriate local child\nprotective service shall be immediately notified of the fact. If the\nreport involves either (i) an allegation of an abused child described in\nparagraph (i), (ii) or (iii) of subdivision (e) of section one thousand\ntwelve of the family court act or sexual abuse of a child or the death\nof a child or (ii) suspected maltreatment which alleges any physical\nharm when the report is made by a person required to report pursuant to\nsection four hundred thirteen of this title within six months of any\nother two reports that were indicated, or may still be pending,\ninvolving the same child, sibling, or other children in the household or\nthe subject of the report, the office of children and family services\nshall identify the report as such and note any prior reports when\ntransmitting the report to the local child protective services for\ninvestigation.\n * NB Effective until June 17, 2026\n * (a) The central register shall be capable of receiving telephone\ncalls alleging child abuse or maltreatment and of immediately\nidentifying prior reports of child abuse or maltreatment and capable of\nmonitoring the provision of child protective service twenty-four hours a\nday, seven days a week. To effectuate this purpose, but subject to the\nprovisions of the appropriate local plan for the provision of child\nprotective services, there shall be a single statewide telephone number\nthat all persons, whether mandated by the law or not, may use to make\ntelephone calls alleging child abuse or maltreatment and that all\npersons so authorized by this title may use for determining the\nexistence of prior reports in order to evaluate the condition or\ncircumstances of a child. In addition to the single statewide telephone\nnumber, there shall be a special unlisted express telephone number and a\ntelephone facsimile number for use only by persons mandated by law to\nmake telephone calls, or to transmit telephone facsimile information on\na form provided by the commissioner of children and family services,\nalleging child abuse or maltreatment, and for use by all persons so\nauthorized by this title for determining the existence of prior reports\nin order to evaluate the condition or circumstances of a child. When any\nallegations contained in such telephone calls could reasonably\nconstitute a report of child abuse or maltreatment, after utilizing\nprotocols that would reduce implicit bias from the decision-making\nprocess, such allegations, the caller's name, the caller's contact\ninformation and any previous reports to the central registry involving\nthe subject of such report or children named in such report, including\nany previous report containing allegations of child abuse and\nmaltreatment alleged to have occurred in other counties and districts in\nNew York state shall be immediately transmitted orally or electronically\nby the office of children and family services to the appropriate local\nchild protective service for investigation. The inability of the person\ncalling the register to identify the alleged perpetrator shall, in no\ncircumstance, constitute the sole cause for the register to reject such\nallegation or fail to transmit such allegation for investigation. If the\nrecords indicate a previous report concerning a subject of the report,\nthe child alleged to be abused or maltreated, a sibling, other children\nin the household, other persons named in the report or other pertinent\ninformation, the appropriate local child protective service shall be\nimmediately notified of the fact. If the report involves either (i) an\nallegation of an abused child described in paragraph (i), (ii) or (iii)\nof subdivision (e) of section one thousand twelve of the family court\nact or sexual abuse of a child or the death of a child or (ii) suspected\nmaltreatment which alleges any physical harm when the report is made by\na person required to report pursuant to section four hundred thirteen of\nthis title within six months of any other two reports that were\nindicated, or may still be pending, involving the same child, sibling,\nor other children in the household or the subject of the report, the\noffice of children and family services shall identify the report as such\nand note any prior reports when transmitting the report to the local\nchild protective services for investigation.\n * NB Effective June 17, 2026\n (b) Any telephone call made by a person required to report cases of\nsuspected child abuse or maltreatment pursuant to section four hundred\nthirteen of this chapter containing allegations, which if true would\nconstitute child abuse or maltreatment shall constitute a report and\nshall be immediately transmitted orally or electronically by the\ndepartment to the appropriate local child protective service for\ninvestigation.\n (c) Whenever a telephone call to the statewide central register\ndescribed in this section is received by the department, and the\ndepartment finds that the person allegedly responsible for abuse or\nmaltreatment of a child cannot be a subject of a report as defined in\nsubdivision four of section four hundred twelve of this chapter, but\nbelieves that the alleged acts or circumstances against a child\ndescribed in the telephone call may constitute a crime or an immediate\nthreat to the child's health or safety, the department shall convey by\nthe most expedient means available the information contained in such\ntelephone call to the appropriate law enforcement agency, district\nattorney or other public official empowered to provide necessary aid or\nassistance.\n (d) A caller making a report of suspected child abuse or maltreatment\nto the central registry shall be asked for their name and contact\ninformation. No report shall be transmitted to a local child protective\nservice for investigation unless the caller's name and contact\ninformation is provided. Except for disclosures authorized by\nsubparagraphs (a) through (c) and (e) through (bb) of paragraph (A) of\nsubdivision four of this section, and disclosure to the local child\nprotective service as required pursuant to paragraph (a) of this\nsubdivision, neither the commissioner nor the central register shall\nrelease the name and contact information of a caller who made a report\nof suspected child abuse or maltreatment unless ordered by an\nadministrative law judge or a court of competent jurisdiction; provided,\nhowever, that this provision shall not apply to individuals who are\nmandated to report suspected child abuse or maltreatment pursuant to\nsection four hundred thirteen of this title. Prior to the entry of any\nsuch order, the petitioner or social services official may move for a\nprotective order to withhold the identity of such individual if such\ndisclosure is likely to endanger the life or health of the person\nreporting such suspected child abuse or maltreatment.\n (e) If a caller declines to provide their name and contact\ninformation, they will be connected with a supervisor at the central\nregister, who will inform the caller of the statutory provisions that\nprotect callers' confidentiality. If the caller declines to provide\ntheir name and contact information to the supervisor, the supervisor\nshall inform the caller that (i) concerns of suspected abuse or\nmaltreatment may be addressed through support services if the caller\ncontacts the department's HEARS Family Line or community-based service\nproviders and (ii) knowingly reporting false, retaliatory or baseless\nallegations is a violation of subdivision four of section 240.50 of the\npenal law.\n 3. The central register shall include but not be limited to the\nfollowing information: all the information in the written report; a\nrecord of the final disposition of the report, including services\noffered and services accepted; the plan for rehabilitative treatment;\nthe names and identifying data, dates and circumstances of any person\nrequesting or receiving information from the register; and any other\ninformation which the commissioner believes might be helpful in the\nfurtherance of the purposes of this chapter.\n 4. (A) Reports made pursuant to this title as well as any other\ninformation obtained, reports written or photographs taken concerning\nsuch reports in the possession of the office or local departments shall\nbe confidential and shall only be made available to:\n (a) a physician who has before him or her a child whom he or she\nreasonably suspects may be abused or maltreated;\n (b) a person authorized to place a child in protective custody when\nsuch person has before him or her a child whom he or she reasonably\nsuspects may be abused or maltreated and such person requires the\ninformation in the record to determine whether to place the child in\nprotective custody;\n (c) a duly authorized agency having the responsibility for the care or\nsupervision of a child who is reported to the central register of abuse\nand maltreatment;\n (d) any person who is the subject of the report or other persons named\nin the report;\n (e) a court, upon a finding that the information in the record is\nnecessary for the determination of an issue before the court;\n (f) a grand jury, upon a finding that the information in the record is\nnecessary for the determination of charges before the grand jury;\n (g) any appropriate state legislative committee responsible for child\nprotective legislation;\n (h) any person engaged in a bona fide research purpose provided,\nhowever, that no information identifying the subjects of the report or\nother persons named in the report shall be made available to the\nresearcher unless it is absolutely essential to the research purpose and\nthe department gives prior approval;\n (i) a provider agency as defined by subdivision three of section four\nhundred twenty-four-a of this chapter, or a licensing agency as defined\nby subdivision four of section four hundred twenty-four-a of this\nchapter, subject to the provisions of such section;\n (j) the justice center for the protection of people with special needs\nor a delegate investigatory entity in connection with an investigation\nbeing conducted under article eleven of this chapter;\n (k) a probation service conducting an investigation pursuant to\narticle three or seven or section six hundred fifty-three of the family\ncourt act where there is reason to suspect the child or the child's\nsibling may have been abused or maltreated and such child or sibling,\nparent, guardian or other person legally responsible for the child is a\nperson named in an indicated report of child abuse or maltreatment and\nthat such information is necessary for the making of a determination or\nrecommendation to the court; or a probation service regarding a person\nabout whom it is conducting an investigation pursuant to article three\nhundred ninety of the criminal procedure law, or a probation service or\nthe department of corrections and community supervision regarding a\nperson to whom the service or department is providing supervision\npursuant to article sixty of the penal law or article eight of the\ncorrection law, where the subject of investigation or supervision has\nbeen convicted of a felony under article one hundred twenty, one hundred\ntwenty-five or one hundred thirty-five of the penal law or any felony or\nmisdemeanor under article one hundred thirty, two hundred thirty-five,\ntwo hundred forty-five, two hundred sixty or two hundred sixty-three of\nthe penal law, or has been indicted for any such felony and, as a\nresult, has been convicted of a crime under the penal law, where the\nservice or department requests the information upon a certification that\nsuch information is necessary to conduct its investigation, that there\nis reasonable cause to believe that the subject of an investigation is\nthe subject of an indicated report and that there is reasonable cause to\nbelieve that such records are necessary to the investigation by the\nprobation service or the department, provided, however, that only\nindicated reports shall be furnished pursuant to this subdivision;\n (l) a criminal justice agency, which for the purposes of this\nsubdivision shall mean a district attorney, an assistant district\nattorney or an investigator employed in the office of a district\nattorney; a sworn officer of the division of state police, of the\nregional state park police, of a county department of parks, of a city\npolice department, or of a county, town or village police department or\ncounty sheriff's office or department; or an Indian police officer,\nwhen:\n (i) such criminal justice agency requests such information stating\nthat such information is necessary to conduct a criminal investigation\nor criminal prosecution of a person, that there is reasonable cause to\nbelieve that such person is the subject of a report, and that it is\nreasonable to believe that due to the nature of the crime under\ninvestigation or prosecution, such person is the subject of a report,\nand that it is reasonable to believe that due to that nature of the\ncrime under investigation or prosecution, such records may be related to\nthe criminal investigation or prosecution; or\n (ii) such criminal justice agency requests such information stating\nthat: such agency is conducting an investigation of a missing child;\nsuch agency has reason to suspect such child's parent, guardian or other\nperson legally responsible for such child is or may be the subject of a\nreport, or, such child or such child's sibling is or may be another\nperson named in a report of child abuse or maltreatment and that any\nsuch information is or may be needed to further such investigation;\n (m) the New York city department of investigation provided however,\nthat no information identifying the subjects of the report or other\npersons named in the report shall be made available to the department of\ninvestigation unless such information is essential to an investigation\nwithin the legal authority of the department of investigation and the\nstate department of social services gives prior approval;\n (n) chief executive officers of authorized agencies, directors of day\ncare centers and directors of facilities operated or supervised by the\ndepartment of education, the office of children and family services, the\noffice of mental health or the office for people with developmental\ndisabilities, in connection with a disciplinary investigation, action,\nor administrative or judicial proceeding instituted by any of such\nofficers or directors against an employee of any such agency, center or\nfacility who is the subject of an indicated report when the incident of\nabuse or maltreatment contained in the report occurred in the agency,\ncenter, facility or program, and the purpose of such proceeding is to\ndetermine whether the employee should be retained or discharged;\nprovided, however, a person given access to information pursuant to this\nsubparagraph shall, notwithstanding any inconsistent provision of law,\nbe authorized to redisclose such information only if the purpose of such\nredisclosure is to initiate or present evidence in a disciplinary,\nadministrative or judicial proceeding concerning the continued\nemployment or the terms of employment of an employee of such agency,\ncenter or facility who has been named as a subject of an indicated\nreport and, in addition, a person or agency given access to information\npursuant to this subparagraph shall also be given information not\notherwise provided concerning the subject of an indicated report where\nthe commission of an act or acts by such subject has been determined in\nproceedings pursuant to article ten of the family court act to\nconstitute abuse or neglect;\n (o) a provider or coordinator of services to which a child protective\nservice or social services district has referred a child or a child's\nfamily or to whom the child or the child's family have referred\nthemselves at the request of the child protective service or social\nservices district, where said child is reported to the register when the\nrecords, reports or other information are necessary to enable the\nprovider or coordinator to establish and implement a plan of service for\nthe child or the child's family, or to monitor the provision and\ncoordination of services and the circumstances of the child and the\nchild's family, or to directly provide services; provided, however, that\na provider of services may include appropriate health care or school\ndistrict personnel, as such terms shall be defined by the department;\nprovided however, a provider or coordinator of services given access to\ninformation concerning a child pursuant to this subparagraph (o) shall,\nnotwithstanding any inconsistent provision of law, be authorized to\nredisclose such information to other persons or agencies which also\nprovide services to the child or the child's family only if the\nconsolidated services plan prepared and approved pursuant to section\nthirty-four-a of this chapter describes the agreement that has been or\nwill be reached between the provider or coordinator of service and the\nlocal district. An agreement entered into pursuant to this subparagraph\nshall include the specific agencies and categories of individuals to\nwhom redisclosure by the provider or coordinator of services is\nauthorized. Persons or agencies given access to information pursuant to\nthis subparagraph may exchange such information in order to facilitate\nthe provision or coordination of services to the child or the child's\nfamily;\n (p) a disinterested person making an investigation pursuant to section\none hundred sixteen of the domestic relations law, provided that such\ndisinterested person shall only make this information available to the\njudge before whom the adoption proceeding is pending;\n (s) a child protective service of another state when such service\ncertifies that the records and reports are necessary in order to conduct\na child abuse or maltreatment investigation within its jurisdiction of\nthe subject of the report and shall be used only for purposes of\nconducting such investigation and will not be redisclosed to any other\nperson or agency;\n (t) an attorney for a child, appointed pursuant to the provisions of\nsection one thousand sixteen of the family court act, at any time such\nappointment is in effect, in relation to any report in which the\nrespondent in the proceeding in which the attorney for a child has been\nappointed is the subject or another person named in the report, pursuant\nto sections one thousand thirty-nine-a and one thousand fifty-two-a of\nthe family court act;\n (u) a child care resource and referral program subject to the\nprovisions of subdivision six of section four hundred twenty-four-a of\nthis title;\n (v)(i) officers and employees of the state comptroller or of the city\ncomptroller of the city of New York, or of the county officer designated\nby law or charter to perform the auditing function in any county not\nwholly contained within a city, for purposes of a duly authorized\nperformance audit, provided that such comptroller shall have certified\nto the keeper of such records that he or she has instituted procedures\ndeveloped in consultation with the department to limit access to\nclient-identifiable information to persons requiring such information\nfor purposes of the audit and that appropriate controls and prohibitions\nare imposed on the dissemination of client-identifiable information\ncontained in the conduct of the audit. Information pertaining to the\nsubstance or content of any psychological, psychiatric, therapeutic,\nclinical or medical reports, evaluations or like materials or\ninformation pertaining to such child or the child's family shall not be\nmade available to such officers and employees unless disclosure of such\ninformation is absolutely essential to the specific audit activity and\nthe department gives prior written approval.\n (ii) any failure to maintain the confidentiality of\nclient-identifiable information shall subject such comptroller or\nofficer to denial of any further access to records until such time as\nthe audit agency has reviewed its procedures concerning controls and\nprohibitions imposed on the dissemination of such information and has\ntaken all reasonable and appropriate steps to eliminate such lapses in\nmaintaining confidentiality to the satisfaction of the office of\nchildren and family services. The office of children and family services\nshall establish the grounds for denial of access to records contained\nunder this section and shall recommend as necessary a plan of\nremediation to the audit agency. Except as provided in this section,\nnothing in this subparagraph shall be construed as limiting the powers\nof such comptroller or officer to access records which he or she is\notherwise authorized to audit or obtain under any other applicable\nprovision of law. Any person given access to information pursuant to\nthis subparagraph who releases data or information to persons or\nagencies not authorized to receive such information shall be guilty of a\nclass A misdemeanor;\n (w) members of a local or regional fatality review team approved by\nthe office of children and family services in accordance with section\nfour hundred twenty-two-b of this title;\n (x) members of a local or regional multidisciplinary investigative\nteam as established pursuant to subdivision six of section four hundred\ntwenty-three of this title;\n (y) members of a citizen review panel as established pursuant to\nsection three hundred seventy-one-b of this article; provided, however,\nmembers of a citizen review panel shall not disclose to any person or\ngovernment official any identifying information which the panel has been\nprovided and shall not make public other information unless otherwise\nauthorized by statute;\n (z) an entity with appropriate legal authority in another state to\nlicense, certify or otherwise approve prospective foster parents,\nprospective adoptive parents, prospective relative guardians,\nprospective successor guardians or child care program where disclosure\nof information regarding such prospective foster or prospective adoptive\nparents or prospective relative or prospective successor guardians and\nother persons over the age of eighteen residing in the home of such\npersons or where child care is provided, as required under either title\nIV-E of the federal social security act or the federal child care and\ndevelopment block grant act (section nine thousand eight hundred\nfifty-eight, et seq. of title forty-two of the United States Code); and\n (aa) a social services official who is investigating whether an adult\nis in need of protective services in accordance with the provisions of\nsection four hundred seventy-three of this chapter, when such official\nhas reasonable cause to believe such adult may be in need of protective\nservices due to the conduct of an individual or individuals who had\naccess to such adult when such adult was a child and that such reports\nand information are needed to further the present investigation.\n (bb) an entity with appropriate legal authority in another state to\nlicense, certify or otherwise approve residential programs for foster\nchildren where disclosure of information regarding any prospective or\ncurrent employee of such program is required by paragraph twenty of\nsubdivision (a) of section six hundred seventy-one of title forty-two of\nthe United States code.\n After a child, other than a child in residential care, who is reported\nto the central register of abuse or maltreatment reaches the age of\neighteen years, access to a child's record under subparagraphs (a) and\n(b) of this paragraph shall be permitted only if a sibling or off-spring\nof such child is before such person and is a suspected victim of child\nabuse or maltreatment. In addition, a person or official required to\nmake a report of suspected child abuse or maltreatment pursuant to\nsection four hundred thirteen of this chapter shall receive, upon\nrequest, the findings of an investigation made pursuant to this title.\nHowever, no information may be released unless the person or official's\nidentity is confirmed by the office. If the request for such information\nis made prior to the completion of an investigation of a report, the\nreleased information shall be limited to whether the report is\n"indicated", "unfounded" or "under investigation", whichever the case\nmay be. If the request for such information is made after the completion\nof an investigation of a report, the released information shall be\nlimited to whether the report is "indicated" or "unfounded", whichever\nthe case may be. A person given access to the names or other information\nidentifying the subjects of the report, or other persons named in the\nreport, except the subject of the report or other persons named in the\nreport, shall not divulge or make public such identifying information\nunless he or she is a district attorney or other law enforcement\nofficial and the purpose is to initiate court action or the disclosure\nis necessary in connection with the investigation or prosecution of the\nsubject of the report for a crime alleged to have been committed by the\nsubject against another person named in the report. Nothing in this\nsection shall be construed to permit any release, disclosure or\nidentification of the names or identifying descriptions of persons who\nhave reported suspected child abuse or maltreatment to the statewide\ncentral register or the agency, institution, organization, program or\nother entity where such persons are employed or the agency, institution,\norganization or program with which they are associated without such\npersons' written permission except to persons, officials, and agencies\nenumerated in subparagraphs (e), (f), (h), (j), (l), (m) and (v) of this\nparagraph.\n To the extent that persons or agencies are given access to information\npursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m), (o) and (q)\nof this paragraph, such persons or agencies may give and receive such\ninformation to each other in order to facilitate an investigation\nconducted by such persons or agencies.\n (B) Notwithstanding any inconsistent provision of law to the contrary,\na city or county social services commissioner may withhold, in whole or\nin part, the release of any information which he or she is authorized to\nmake available to persons or agencies identified in subparagraphs (a),\n(k), (l), (m), (n), (o), (p) and (q) of paragraph (A) of this\nsubdivision if such commissioner determines that such information is not\nrelated to the purposes for which such information is requested or when\nsuch disclosure will be detrimental to the child named in the report.\n (C) A city or county social services commissioner who denies access by\npersons or agencies identified in subparagraphs (a), (k), (l), (m), (n),\n(o), (p) and (q) of paragraph (A) of this subdivision to records,\nreports or other information or parts thereof maintained by such\ncommissioner in accordance with this title shall, within ten days from\nthe date of receipt of the request fully explain in writing to the\nperson requesting the records, reports or other information the reasons\nfor the denial.\n (D) A person or agency identified in subparagraphs (a), (k), (l), (m),\n(n), (o), (p) and (q) of paragraph (A) of this subdivision who is denied\naccess to records, reports or other information or parts thereof\nmaintained by a local department pursuant to this title may bring a\nproceeding for review of such denial pursuant to article seventy-eight\nof the civil practice law and rules.\n 5. (a) Unless an investigation of a report conducted pursuant to this\ntitle that is commenced on or before December thirty-first, two thousand\ntwenty-one determines that there is some credible evidence of the\nalleged abuse or maltreatment or unless an investigation of a report\nconducted pursuant to this title that is commenced on or after January\nfirst, two thousand twenty-two determines that there is a fair\npreponderance of the evidence that the alleged abuse or maltreatment\noccurred, all information identifying the subjects of the report and\nother persons named in the report shall be legally sealed forthwith by\nthe central register and any local child protective services which\ninvestigated the report. Such unfounded reports may only be unsealed and\nmade available:\n (i) to the office of children and family services for the purpose of\nsupervising a social services district;\n (ii) to the office of children and family services and local or\nregional fatality review team members for the purpose of preparing a\nfatality report pursuant to section twenty or four hundred twenty-two-b\nof this chapter;\n (iii) to a local child protective service, the office of children and\nfamily services, or all members of a local or regional multidisciplinary\ninvestigative team or the justice center for the protection of people\nwith special needs when investigating a subsequent report of suspected\nabuse, neglect or maltreatment involving a subject of the unfounded\nreport, a child named in the unfounded report, or a child's sibling\nnamed in the unfounded report pursuant to this article or article eleven\nof this chapter;\n (iv) to the subject of the report; and\n (v) to a district attorney, an assistant district attorney, an\ninvestigator employed in the office of a district attorney, or to a\nsworn officer of the division of state police, of a city, county, town\nor village police department or of a county sheriff's office when such\nofficial verifies that the report is necessary to conduct an active\ninvestigation or prosecution of a violation of subdivision four of\nsection 240.50 of the penal law.\n (b) Persons given access to unfounded reports pursuant to subparagraph\n(v) of paragraph (a) of this subdivision shall not redisclose such\nreports except as necessary to conduct such appropriate investigation or\nprosecution and shall request of the court that any copies of such\nreports produced in any court proceeding be redacted to remove the names\nof the subjects and other persons named in the reports or that the court\nissue an order protecting the names of the subjects and other persons\nnamed in the reports from public disclosure. The local child protective\nservice or state agency shall not indicate the subsequent report solely\nbased upon the existence of the prior unfounded report or reports.\nNotwithstanding section four hundred fifteen of this title, section one\nthousand forty-six of the family court act, or, except as set forth\nherein, any other provision of law to the contrary, an unfounded report\nshall not be admissible in any judicial or administrative proceeding or\naction; provided, however, an unfounded report may be introduced into\nevidence: (i) by the subject of the report where such subject is a\nrespondent in a proceeding under article ten of the family court act or\nis a plaintiff or petitioner in a civil action or proceeding alleging\nthe false reporting of child abuse or maltreatment; or (ii) in a\ncriminal court for the purpose of prosecuting a violation of subdivision\nfour of section 240.50 of the penal law. Legally sealed unfounded\nreports shall be expunged ten years after the receipt of the report.\n (c) Notwithstanding any other provision of law, the office of children\nand family services may, in its discretion, grant a request to expunge\nan unfounded report where: (i) the source of the report was convicted of\na violation of subdivision three of section 240.55 of the penal law in\nregard to such report; or (ii) the subject of the report presents clear\nand convincing evidence that affirmatively refutes the allegation of\nabuse or maltreatment; provided however, that the absence of a fair\npreponderance of the evidence supporting the allegation of abuse or\nmaltreatment shall not be the sole basis to expunge the report. Nothing\nin this paragraph shall require the office of children and family\nservices to hold an administrative hearing in deciding whether to\nexpunge a report. Such office shall make its determination upon\nreviewing the written evidence submitted by the subject of the report\nand any records or information obtained from the state or local agency\nwhich investigated the allegations of abuse or maltreatment.\n 5-a. Upon notification from a local social services district, that a\nreport is part of the family assessment and services track pursuant to\nsubparagraph (i) of paragraph (c) of subdivision four of section four\nhundred twenty-seven-a of this title, the central register shall\nforthwith identify the report as an assessment track case and legally\nseal such report. Access to reports assigned to, and records created\nunder the family assessment and services track and information\nconcerning such reports and records is governed by paragraph (d) of\nsubdivision five of section four hundred twenty-seven-a of this title.\n 6. In all other cases, the record of the report to the statewide\ncentral register shall be expunged ten years after the eighteenth\nbirthday of the youngest child named in the report. In the case of a\nchild in residential care the record of the report to the statewide\ncentral register shall be expunged ten years after the reported child's\neighteenth birthday. In any case and at any time, the commissioner of\nthe office of children and family services may amend any record upon\ngood cause shown and notice to the subjects of the report and other\npersons named in the report. Provided however, any report indicated for\nmaltreatment based solely on the purchase, possession or consumption of\ncannabis, without a showing that the child's physical, mental or\nemotional condition was impaired or was in imminent danger of becoming\nimpaired in accordance with the definition of child maltreatment as\nprovided for in section four hundred twelve of this title is established\nby a fair preponderance of the evidence shall immediately be sealed upon\na request pursuant to subdivision eight of this section or section four\nhundred twenty-four-a of this title.\n 7. At any time, a subject of a report and other persons named in the\nreport may receive, upon request, a copy of all information contained in\nthe central register; provided, however, that the office of children and\nfamily services shall not release information identifying a person who\nmade a report pursuant to section four hundred fourteen of this title\nexcept with that person's permission or pursuant to subdivision (b) of\nsection one thousand thirty-eight of the family court act or pursuant to\nsection four hundred twenty-four-a of this title; and that the\ncommissioner is authorized to prohibit the release of data that would\nidentify the person who made the report or who cooperated in a\nsubsequent investigation or the agency, institution, organization,\nprogram or other entity where such person is employed or with which such\nperson is associated, which the commissioner reasonably finds will be\ndetrimental to the safety or interests of such person.\n 8. (a) (i) At any time subsequent to the completion of the\ninvestigation but in no event later than ninety days after the subject\nof the report is notified that the report is indicated the subject may\nrequest the commissioner to amend the record of the report. If the\ncommissioner does not amend the report in accordance with such request\nwithin ninety days of receiving the request, the subject shall have the\nright to a fair hearing, held in accordance with paragraph (b) of this\nsubdivision, to determine whether the record of the report in the\ncentral register should be amended on the grounds that it is inaccurate\nor it is being maintained in a manner inconsistent with this title.\n (ii) Upon receipt of a request to amend the record of a child abuse\nand maltreatment report the office of children and family services shall\nimmediately send a written request to the child protective service which\nwas responsible for investigating the allegations of abuse or\nmaltreatment for all records, reports and other information maintained\nby the service pertaining to such indicated report. Where a proceeding\npursuant to article ten of the family court act based on the same\nallegations that were indicated is pending, the request to amend shall\nbe stayed until the disposition of such family court proceeding. The\nservice shall as expeditiously as possible but within no more than\ntwenty working days of receiving such request, forward all records,\nreports and other information it maintains on such indicated report to\nthe office of children and family services, including a copy of any\npetition or court order based on the allegations that were indicated.\nUnless such request to amend has been stayed, the office of children and\nfamily services shall as expeditiously as possible but within no more\nthan fifteen working days of receiving such materials from the child\nprotective service or state agency, review all such materials in its\npossession concerning the indicated report and determine, after\naffording such service a reasonable opportunity to present its views,\nwhether there is a fair preponderance of the evidence to find that the\nsubject committed the act or acts of child abuse or maltreatment giving\nrise to the indicated report and whether, based on guidelines developed\nby the office of children and family services pursuant to subdivision\nfive of section four hundred twenty-four-a of this title, such act or\nacts could be relevant and reasonably related to employment of the\nsubject of the report by a provider agency, as defined by subdivision\nthree of section four hundred twenty-four-a of this title, or relevant\nand reasonably related to the subject of the report being allowed to\nhave regular and substantial contact with children who are cared for by\na provider agency, or relevant and reasonably related to the approval or\ndisapproval of an application submitted by the subject of the report to\na licensing agency, as defined by subdivision four of section four\nhundred twenty-four-a of this title.\n (iii) If it is determined at the review held pursuant to this\nparagraph that there is not a fair preponderance of the evidence in the\nrecord to find that the subject committed an act or acts of child abuse\nor maltreatment, the office of children and family services shall amend\nthe record to indicate that the report is "unfounded" and notify the\nsubject forthwith.\n (iv) If it is determined at the review held pursuant to this paragraph\nthat there is a fair preponderance of the evidence in the record to find\nthat the subject committed such act or acts but that such act or acts\ncould not be relevant and reasonably related to the employment of the\nsubject by a provider agency or to the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency or the approval or disapproval of an application which\ncould be submitted by the subject to a licensing agency, the office of\nchildren and family services shall be precluded from informing a\nprovider or licensing agency which makes an inquiry to such office\npursuant to the provisions of section four hundred twenty-four-a of this\ntitle concerning the subject that the person about whom the inquiry is\nmade is the subject of an indicated report of child abuse or\nmaltreatment. The office of children and family services shall notify\nforthwith the subject of the report of such determinations and that a\nfair hearing has been scheduled pursuant to paragraph (b) of this\nsubdivision. The sole issue at such hearing shall be whether the subject\nhas been shown by a fair preponderance of the evidence to have committed\nthe act or acts of child abuse or maltreatment giving rise to the\nindicated report.\n (v) If it is determined at the review held pursuant to this paragraph\nthat there is a fair preponderance of the evidence in the record to\nprove that the subject committed an act or acts of child abuse or\nmaltreatment and that such act or acts could be relevant and reasonably\nrelated to the employment of the subject by a provider agency or to the\nsubject being allowed to have regular and substantial contact with\nchildren cared for by a provider agency or the approval or disapproval\nof an application which could be submitted by the subject to a licensing\nagency, the office of children and family services shall notify\nforthwith the subject of the report of such determinations and that a\nfair hearing has been scheduled pursuant to paragraph (b) of this\nsubdivision.\n (b) (i) If the department, within ninety days of receiving a request\nfrom the subject that the record of a report be amended, does not amend\nthe record in accordance with such request, the department shall\nschedule a fair hearing and shall provide notice of the scheduled\nhearing date to the subject, the statewide central register and, as\nappropriate, to the child protective service or the state agency which\ninvestigated the report.\n (ii) The burden of proof in such a hearing shall be on the child\nprotective service which investigated the report. In such a hearing,\nwhere a family court proceeding pursuant to article ten of the family\ncourt act has occurred and where the petition for such proceeding\nalleges that a respondent in that proceeding committed abuse or neglect\nagainst the subject child in regard to an allegation contained in a\nreport indicated pursuant to this section: (A) where the court finds\nthat such respondent did commit abuse or neglect there shall be an\nirrebuttable presumption in a fair hearing held pursuant to this\nsubdivision that said allegation is substantiated by a fair\npreponderance of the evidence as to that respondent on that allegation;\nand (B) where such child protective service withdraws such petition with\nprejudice, where the family court dismisses such petition, or where the\nfamily court finds on the merits in favor of the respondent, there shall\nbe an irrebuttable presumption in a fair hearing held pursuant to this\nsubdivision that said allegation as to that respondent has not been\nproven by a fair preponderance of the evidence.\n (c) (i) If it is determined at the fair hearing that there is not a\nfair preponderance of the evidence in the record to find that the\nsubject committed an act or acts of child abuse or maltreatment, the\noffice of children and family services shall amend the record to reflect\nthat such a finding was made at the administrative hearing, order any\nchild protective service which investigated the report to similarly\namend its records of the report, and shall notify the subject forthwith\nof the determination.\n (ii) Upon a determination made at a fair hearing scheduled pursuant to\nthe provisions of subparagraph (v) of paragraph (a) of this subdivision\nthat the subject has been shown by a fair preponderance of the evidence\nto have committed the act or acts of child abuse or maltreatment giving\nrise to the indicated report, the hearing officer shall determine, based\non guidelines developed by the office of children and family services\npursuant to subdivision five of section four hundred twenty-four-a of\nthis title, whether such act or acts are relevant and reasonably related\nto employment of the subject by a provider agency, as defined by\nsubdivision three of section four hundred twenty-four-a of this title,\nor relevant and reasonably related to the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency or relevant and reasonably related to the approval or\ndisapproval of an application submitted by the subject to a licensing\nagency, as defined by subdivision four of section four hundred\ntwenty-four-a of this title.\n Upon a determination made at a fair hearing that the act or acts of\nabuse or maltreatment are relevant and reasonably related to employment\nof the subject by a provider agency or the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency or the approval or denial of an application submitted by\nthe subject to a licensing agency, the office of children and family\nservices shall notify the subject forthwith. The office of children and\nfamily services shall inform a provider or licensing agency which makes\nan inquiry to such office pursuant to the provisions of section four\nhundred twenty-four-a of this title concerning the subject that the\nperson about whom the inquiry is made is the subject of an indicated\nchild abuse or maltreatment report.\n The failure to determine at the fair hearing that the act or acts of\nabuse and maltreatment are relevant and reasonably related to the\nemployment of the subject by a provider agency or to the subject being\nallowed to have regular and substantial contact with children who are\ncared for by a provider agency or the approval or denial of an\napplication submitted by the subject to a licensing agency shall\npreclude the office of children and family services from informing a\nprovider or licensing agency which makes an inquiry to such office\npursuant to the provisions of section four hundred twenty-four-a of this\ntitle concerning the subject that the person about whom the inquiry is\nmade is the subject of an indicated child abuse or maltreatment report.\n (d) The commissioner or his or her designated agent is hereby\nauthorized and empowered to make any appropriate order respecting the\namendment of a record to make it accurate or consistent with the\nrequirements of this title.\n (e) Should the office of children and family services grant the\nrequest of the subject of the report pursuant to this subdivision either\nthrough an administrative review or fair hearing to amend an indicated\nreport to an unfounded report, such report shall be legally sealed and\nshall be released and expunged in accordance with the standards set\nforth in subdivision five of this section.\n 9. Written notice of any expungement or amendment of any record, made\npursuant to the provisions of this title, shall be served forthwith upon\neach subject of such record, other persons named in the report, the\ncommissioner, and, as appropriate, the applicable local child protective\nservice, the justice center for the protection of people with special\nneeds, department of education, office of mental health, office for\npeople with developmental disabilities, the local social services\ncommissioner or school district placing the child, any attorney for the\nchild appointed to represent the child whose appointment has been\ncontinued by a family court judge during the term of a child's\nplacement, and the director or operator of a residential care facility\nor program. The local child protective service or the state agency which\ninvestigated the report, upon receipt of such notice, shall take the\nappropriate similar action in regard to its child abuse and maltreatment\nregister and records and inform, for the same purpose, any other agency\nwhich received such record.\n 12. Any person who willfully permits and any person who encourages the\nrelease of any data and information contained in the central register to\npersons or agencies not permitted by this title shall be guilty of a\nclass A misdemeanor.\n 13. There shall be a single statewide telephone number for use by all\npersons seeking general information about child abuse, maltreatment or\nwelfare other than for the purpose of making a report of child abuse or\nmaltreatment.\n 14. The office shall refer suspected cases of falsely reporting child\nabuse and maltreatment in violation of subdivision four of section\n240.50 of the penal law to the appropriate law enforcement agency or\ndistrict attorney.\n