Relates to findings in child abuse or neglect proceedings, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    789
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act, in relation to findings  in  child
   abuse or neglect proceedings in family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision (f) of section 1051 of
 the family court act, as added by chapter 430 of the laws  of  1994,  is
 amended to read as follows:
   Prior  to  accepting  an  admission  to  an allegation or permitting a
 respondent to consent to a finding of neglect or abuse, the court  shall
 inform  the  respondent that such an admission or consent will result in
 the court making a fact-finding order of neglect or abuse, as  the  case
 may  be,  and  shall  further inform the respondent IN SUBSTANTIALLY THE
 FOLLOWING TERMS of the potential consequences of such  order,  including
 but not limited to the following:
   §  2. Paragraph (iii) of subdivision (f) of section 1051 of the family
 court act, as amended by a chapter of the  laws  of  2024  amending  the
 family court act relating to notices given to respondents in child abuse
 and  neglect  proceedings  in  family  court, as proposed in legislative
 bills numbers S. 9745 and A. 7348, is amended to read as follows:
   (iii) that any report made to the  state  central  register  of  child
 abuse and maltreatment of allegations on which the court makes a finding
 of  abuse  or  neglect  will  remain indicated in the register until ten
 years after the eighteenth birthday of the youngest child named in  such
 report unless such finding is vacated or dismissed, and that:
   (A)  the  respondent  will be unable to amend such report in the state
 central register; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02699-01-5
 S. 789                              2
 
   (B) [if the court finding is for neglect, it shall be  legally  sealed
 eight  years after the report was made unless it is sealed earlier in an
 administrative proceeding; and
   (C)]  the existence of such report[, which is not legally sealed,] may
 be made known to employers [seeking]  REQUIRED  to  screen  employee  or
 volunteer  applicants  for positions where the individual has the poten-
 tial for regular and substantial contact with  children,  and  to  child
 care  agencies  if  the  respondent applies to become a foster parent or
 adoptive parent UNLESS:
   (1) THE COURT FINDING IS FOR NEGLECT AND THE REPORT IS EIGHT  OR  MORE
 YEARS OLD; OR
   (2)  THE REPORT WAS DETERMINED NOT TO BE RELEVANT TO POSITIONS INVOLV-
 ING CONTACT WITH CHILDREN IN AN EARLIER ADMINISTRATIVE PROCEEDING.
   § 3. This act shall take shall take effect on the same date and in the
 same manner as a chapter of the laws of 2024 amending the  family  court
 act  relating to notices given to respondents in child abuse and neglect
 proceedings in family court, as proposed in legislative bills numbers S.
 9745 and A. 7348, takes effect.