NY Soc Serv L § 422 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 6 - Child Protective Services 422 - Statewide Central Register of Child Abuse and Maltreatment.

§  422. Statewide central register of child abuse and maltreatment. 1. There shall be established in the office of children and family services a statewide central register of child  abuse  and  maltreatment  reports made pursuant to this title.   2.  * (a) The central register shall be capable of receiving telephone calls  alleging  child  abuse  or  maltreatment   and   of   immediately identifying  prior reports of child abuse or maltreatment and capable of monitoring the provision of child protective service twenty-four hours a day, seven days a week. To effectuate this purpose, but subject  to  the provisions  of  the  appropriate  local  plan for the provision of child protective services, there shall be a single statewide telephone  number that  all  persons,  whether mandated by the law or not, may use to make telephone calls alleging  child  abuse  or  maltreatment  and  that  all persons  so  authorized  by  this  title  may  use  for  determining the existence of prior  reports  in  order  to  evaluate  the  condition  or circumstances of a child.  In addition to the single statewide telephone number, there shall be a special unlisted express telephone number and a telephone  facsimile  number  for use only by persons mandated by law to make telephone calls, or to transmit telephone facsimile information  on a  form  provided  by  the commissioner of children and family services, alleging child abuse or maltreatment, and for  use  by  all  persons  so authorized  by this title for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. When any allegations  contained  in  such  telephone   calls   could   reasonably constitute a report of child abuse or maltreatment, such allegations and any  previous  reports  to the central registry involving the subject of such report or children named in such  report,  including  any  previous report containing allegations of child abuse and maltreatment alleged to have occurred in other counties and districts in New York state shall be immediately  transmitted  orally  or  electronically  by  the  office of children and family services to the appropriate local  child  protective service  for  investigation.  The  inability  of  the person calling the register to identify the alleged perpetrator shall, in no  circumstance, constitute  the sole cause for the register to reject such allegation or fail to transmit such  allegation  for  investigation.  If  the  records indicate a previous report concerning a subject of the report, the child alleged  to  be  abused  or maltreated, a sibling, other children in the household,  other  persons  named  in  the  report  or  other  pertinent information,  the  appropriate  local  child protective service shall be immediately notified of the fact. If the report involves either  (i)  an allegation  of an abused child described in paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand twelve of  the  family  court act or sexual abuse of a child or the death of a child or (ii) suspected maltreatment  which alleges any physical harm when the report is made by a person required to report pursuant to section four hundred thirteen of this title within  six  months  of  any  other  two  reports  that  were indicated,  or  may still be pending, involving the same child, sibling, or other children in the household or the subject  of  the  report,  the office of children and family services shall identify the report as such and  note  any  prior  reports when transmitting the report to the local child protective services for investigation.   * NB Effective until April 1, 2022   * (a) The central register shall be  capable  of  receiving  telephone calls   alleging   child   abuse  or  maltreatment  and  of  immediately identifying prior reports of child abuse or maltreatment and capable  of monitoring the provision of child protective service twenty-four hours a day,  seven  days a week. To effectuate this purpose, but subject to the provisions of the appropriate local plan  for  the  provision  of  child  protective  services, there shall be a single statewide telephone number that all persons, whether mandated by the law or not, may  use  to  make telephone  calls  alleging  child  abuse  or  maltreatment  and that all persons  so  authorized  by  this  title  may  use  for  determining the existence of prior  reports  in  order  to  evaluate  the  condition  or circumstances of a child.  In addition to the single statewide telephone number, there shall be a special unlisted express telephone number and a telephone  facsimile  number  for use only by persons mandated by law to make telephone calls, or to transmit telephone facsimile information  on a  form  provided  by  the commissioner of children and family services, alleging child abuse or maltreatment, and for  use  by  all  persons  so authorized  by this title for determining the existence of prior reports in order to evaluate the condition or circumstances of a child. When any allegations  contained  in  such  telephone   calls   could   reasonably constitute  a  report  of  child  abuse or maltreatment, after utilizing protocols that would  reduce  implicit  bias  from  the  decision-making process,  such  allegations  and  any  previous  reports  to the central registry involving the subject of such report or children named in  such report,  including  any  previous report containing allegations of child abuse and maltreatment alleged to have occurred in  other  counties  and districts  in  New York state shall be immediately transmitted orally or electronically by the office of children  and  family  services  to  the appropriate  local  child  protective  service  for  investigation.  The inability of the person calling the register  to  identify  the  alleged perpetrator shall, in no circumstance, constitute the sole cause for the register  to  reject such allegation or fail to transmit such allegation for investigation. If the records indicate a previous report  concerning a subject of the report, the child alleged to be abused or maltreated, a sibling,  other  children  in  the household, other persons named in the report or other  pertinent  information,  the  appropriate  local  child protective  service  shall  be  immediately notified of the fact. If the report involves either (i) an allegation of an abused child described in paragraph (i), (ii) or (iii) of subdivision (e) of section one  thousand twelve  of  the family court act or sexual abuse of a child or the death of a child or (ii) suspected maltreatment  which  alleges  any  physical harm  when the report is made by a person required to report pursuant to section four hundred thirteen of this title within  six  months  of  any other  two  reports  that  were  indicated,  or  may  still  be pending, involving the same child, sibling, or other children in the household or the subject of the report, the office of children  and  family  services shall  identify  the  report  as  such  and  note any prior reports when transmitting the report to  the  local  child  protective  services  for investigation.   * NB Effective April 1, 2022  (b)  Any  telephone  call made by a person required to report cases of suspected child abuse or maltreatment pursuant to section  four  hundred thirteen  of  this  chapter  containing allegations, which if true would constitute child abuse or maltreatment shall  constitute  a  report  and shall  be  immediately  transmitted  orally  or  electronically  by  the department  to  the  appropriate  local  child  protective  service  for investigation.  (c)  Whenever  a  telephone  call  to  the  statewide central register described in this  section  is  received  by  the  department,  and  the department  finds  that  the  person  allegedly responsible for abuse or maltreatment of a child cannot be a subject of a report  as  defined  in subdivision  four  of  section  four hundred twelve of this chapter, but believes  that  the  alleged  acts  or  circumstances  against  a  child described  in  the telephone call may constitute a crime or an immediate  threat to the child's health or safety, the department shall  convey  by the  most  expedient  means  available the information contained in such telephone call to  the  appropriate  law  enforcement  agency,  district attorney  or other public official empowered to provide necessary aid or assistance.   3. The central register shall  include  but  not  be  limited  to  the following  information:  all  the  information  in the written report; a record of the  final  disposition  of  the  report,  including  services offered  and  services  accepted; the plan for rehabilitative treatment; the names and identifying data, dates and circumstances  of  any  person requesting  or  receiving  information  from the register; and any other information which the commissioner believes  might  be  helpful  in  the furtherance of the purposes of this chapter.   4.  (A)  Reports  made  pursuant  to  this  title as well as any other information obtained, reports written or  photographs  taken  concerning such  reports in the possession of the office or local departments shall be confidential and shall only be made available to:  (a) a physician who has before him or her  a  child  whom  he  or  she reasonably suspects may be abused or maltreated;  (b)  a  person  authorized to place a child in protective custody when such person has before him or her a child  whom  he  or  she  reasonably suspects  may  be  abused  or  maltreated  and  such person requires the information in the record to determine whether to  place  the  child  in protective custody;  (c) a duly authorized agency having the responsibility for the care or supervision  of a child who is reported to the central register of abuse and maltreatment;  (d) any person who is the subject of the report or other persons named in the report;  (e) a court, upon a finding that the  information  in  the  record  is necessary for the determination of an issue before the court;  (f) a grand jury, upon a finding that the information in the record is necessary for the determination of charges before the grand jury;  (g)  any appropriate state legislative committee responsible for child protective legislation;  (h) any person engaged in  a  bona  fide  research  purpose  provided, however,  that  no information identifying the subjects of the report or other persons named in  the  report  shall  be  made  available  to  the researcher unless it is absolutely essential to the research purpose and the department gives prior approval;  (i)  a provider agency as defined by subdivision three of section four hundred twenty-four-a of this chapter, or a licensing agency as  defined by  subdivision  four  of  section  four  hundred  twenty-four-a of this chapter, subject to the provisions of such section;  (j) the justice center for the protection of people with special needs or a delegate investigatory entity in connection with  an  investigation being conducted under article eleven of this chapter;  (k)  a  probation  service  conducting  an  investigation  pursuant to article three or seven or section six hundred fifty-three of the  family court  act  where  there  is  reason to suspect the child or the child's sibling may have been abused or maltreated and such  child  or  sibling, parent,  guardian or other person legally responsible for the child is a person named in an indicated report of child abuse or  maltreatment  and that  such information is necessary for the making of a determination or recommendation to the court; or a probation service regarding  a  person about  whom  it is conducting an investigation pursuant to article three hundred ninety of the criminal procedure law, or a probation service  or the  department  of  corrections  and  community supervision regarding a  person to whom  the  service  or  department  is  providing  supervision pursuant  to  article  sixty  of  the  penal law or article eight of the correction law, where the subject of investigation  or  supervision  has been convicted of a felony under article one hundred twenty, one hundred twenty-five or one hundred thirty-five of the penal law or any felony or misdemeanor  under  article one hundred thirty, two hundred thirty-five, two hundred forty-five, two hundred sixty or two hundred sixty-three  of the  penal  law,  or  has  been  indicted  for any such felony and, as a result, has been convicted of a crime under the  penal  law,  where  the service or department requests the information upon a certification that such  information  is necessary to conduct its investigation, that there is reasonable cause to believe that the subject of an  investigation  is the subject of an indicated report and that there is reasonable cause to believe  that  such  records  are  necessary to the investigation by the probation service  or  the  department,  provided,  however,  that  only indicated reports shall be furnished pursuant to this subdivision;  (l)  a  criminal  justice  agency,  which  for  the  purposes  of this subdivision shall  mean  a  district  attorney,  an  assistant  district attorney  or  an  investigator  employed  in  the  office  of a district attorney; a sworn officer of  the  division  of  state  police,  of  the regional  state  park police, of a county department of parks, of a city police department, or of a county, town or village police department  or county  sheriff's  office  or  department;  or an Indian police officer, when:  (i) such criminal justice agency  requests  such  information  stating that  such  information is necessary to conduct a criminal investigation or criminal prosecution of a person, that there is reasonable  cause  to believe  that  such  person  is  the subject of a report, and that it is reasonable to believe  that  due  to  the  nature  of  the  crime  under investigation  or  prosecution,  such person is the subject of a report, and that it is reasonable to believe that due  to  that  nature  of  the crime under investigation or prosecution, such records may be related to the criminal investigation or prosecution; or  (ii)  such  criminal  justice agency requests such information stating that: such agency is conducting an investigation  of  a  missing  child; such agency has reason to suspect such child's parent, guardian or other person  legally responsible for such child is or may be the subject of a report, or, such child or such child's sibling  is  or  may  be  another person  named  in  a  report of child abuse or maltreatment and that any such information is or may be needed to further such investigation;  (m) the New York city department of  investigation  provided  however, that  no  information  identifying  the  subjects of the report or other persons named in the report shall be made available to the department of investigation unless such information is essential to  an  investigation within  the  legal  authority of the department of investigation and the state department of social services gives prior approval;  (n) chief executive officers of authorized agencies, directors of  day care  centers  and directors of facilities operated or supervised by the department of education, the office of children and family services, the office of mental health or the  office  for  people  with  developmental disabilities,  in  connection with a disciplinary investigation, action, or administrative or judicial  proceeding  instituted  by  any  of  such officers  or directors against an employee of any such agency, center or facility who is the subject of an indicated report when the incident  of abuse  or  maltreatment  contained in the report occurred in the agency, center, facility or program, and the purpose of such  proceeding  is  to determine  whether  the  employee  should  be  retained  or  discharged; provided, however, a person given access to information pursuant to this  subparagraph shall, notwithstanding any inconsistent provision  of  law, be authorized to redisclose such information only if the purpose of such redisclosure  is  to  initiate  or  present  evidence in a disciplinary, administrative   or   judicial   proceeding   concerning  the  continued employment or the terms of employment of an  employee  of  such  agency, center  or  facility  who  has  been  named as a subject of an indicated report and, in addition, a person or agency given access to  information pursuant  to  this  subparagraph  shall  also  be  given information not otherwise provided concerning the subject of an indicated  report  where the  commission of an act or acts by such subject has been determined in proceedings  pursuant  to  article  ten  of  the  family  court  act  to constitute abuse or neglect;  (o)  a provider or coordinator of services to which a child protective service or social services district has referred a child  or  a  child's family  or  to  whom  the  child  or  the  child's  family have referred themselves at the request of the  child  protective  service  or  social services district, where said child is reported to the register when the records,  reports  or  other  information  are  necessary  to enable the provider or coordinator to establish and implement a plan of service for the child or the  child's  family,  or  to  monitor  the  provision  and coordination  of  services  and  the  circumstances of the child and the child's family, or to directly provide services; provided, however, that a provider of services may include appropriate  health  care  or  school district  personnel,  as  such terms shall be defined by the department; provided however, a provider or coordinator of services given access  to information  concerning a child pursuant to this subparagraph (o) shall, notwithstanding any inconsistent provision  of  law,  be  authorized  to redisclose  such  information  to  other  persons or agencies which also provide services to  the  child  or  the  child's  family  only  if  the consolidated  services  plan  prepared  and approved pursuant to section thirty-four-a of this chapter describes the agreement that has  been  or will  be  reached between the provider or coordinator of service and the local district. An agreement entered into pursuant to this  subparagraph shall  include  the  specific  agencies and categories of individuals to whom  redisclosure  by  the  provider  or  coordinator  of  services  is authorized.  Persons or agencies given access to information pursuant to this subparagraph may exchange such information in order  to  facilitate the  provision  or  coordination of services to the child or the child's family;  (p) a disinterested person making an investigation pursuant to section one hundred sixteen of the domestic relations law,  provided  that  such disinterested  person  shall only make this information available to the judge before whom the adoption proceeding is pending;  (s) a child protective service of  another  state  when  such  service certifies that the records and reports are necessary in order to conduct a  child  abuse or maltreatment investigation within its jurisdiction of the subject of the report  and  shall  be  used  only  for  purposes  of conducting  such  investigation and will not be redisclosed to any other person or agency;  (t) an attorney for a child, appointed pursuant to the  provisions  of section  one  thousand sixteen of the family court act, at any time such appointment is in effect,  in  relation  to  any  report  in  which  the respondent  in the proceeding in which the attorney for a child has been appointed is the subject or another person named in the report, pursuant to sections one thousand thirty-nine-a and one thousand  fifty-two-a  of the family court act;  (u)  a  child  care  resource  and  referral  program  subject  to the provisions of subdivision six of section four hundred  twenty-four-a  of this title;  (v)(i)  officers and employees of the state comptroller or of the city comptroller of the city of New York, or of the county officer designated by law or charter to perform the auditing function  in  any  county  not wholly  contained  within  a  city,  for  purposes  of a duly authorized performance audit, provided that such comptroller shall  have  certified to  the  keeper of such records that he or she has instituted procedures developed in  consultation  with  the  department  to  limit  access  to client-identifiable  information  to  persons requiring such information for purposes of the audit and that appropriate controls and prohibitions are imposed on  the  dissemination  of  client-identifiable  information contained  in  the  conduct  of the audit. Information pertaining to the substance or content of  any  psychological,  psychiatric,  therapeutic, clinical   or   medical   reports,  evaluations  or  like  materials  or information pertaining to such child or the child's family shall not  be made  available to such officers and employees unless disclosure of such information is absolutely essential to the specific audit  activity  and the department gives prior written approval.  (ii)    any    failure    to    maintain    the   confidentiality   of client-identifiable  information  shall  subject  such  comptroller   or officer  to  denial  of any further access to records until such time as the audit agency has reviewed its  procedures  concerning  controls  and prohibitions  imposed  on  the dissemination of such information and has taken all reasonable and appropriate steps to eliminate such  lapses  in maintaining  confidentiality  to  the  satisfaction  of  the  office  of children and family services. The office of children and family services shall establish the grounds for denial of access  to  records  contained under   this  section  and  shall  recommend  as  necessary  a  plan  of remediation to the audit agency.  Except as provided  in  this  section, nothing  in  this subparagraph shall be construed as limiting the powers of such comptroller or officer to access records  which  he  or  she  is otherwise  authorized  to  audit  or  obtain  under any other applicable provision of law. Any person given access  to  information  pursuant  to this  subparagraph  who  releases  data  or  information  to  persons or agencies not authorized to receive such information shall be guilty of a class A misdemeanor;  (w) members of a local or regional fatality review  team  approved  by the  office  of  children and family services in accordance with section four hundred twenty-two-b of this title;  (x) members of a local  or  regional  multidisciplinary  investigative team  as established pursuant to subdivision six of section four hundred twenty-three of this title;  (y) members of a citizen  review  panel  as  established  pursuant  to section  three hundred seventy-one-b of this article; provided, however, members of a citizen review panel shall not disclose to  any  person  or government official any identifying information which the panel has been provided  and  shall  not make public other information unless otherwise authorized by statute;  (z) an entity with appropriate legal authority  in  another  state  to license,  certify  or  otherwise  approve  prospective  foster  parents, prospective   adoptive   parents,   prospective   relative    guardians, prospective  successor  guardians or child care program where disclosure of information regarding such prospective foster or prospective adoptive parents or prospective relative or prospective successor  guardians  and other  persons  over  the  age  of eighteen residing in the home of such persons or where child care is provided, as required under either  title  IV-E  of  the  federal social security act or the federal child care and development  block  grant  act  (section  nine  thousand  eight  hundred fifty-eight, et seq. of title forty-two of the United States Code); and  (aa)  a social services official who is investigating whether an adult is in need of protective services in accordance with the  provisions  of section  four  hundred seventy-three of this chapter, when such official has reasonable cause to believe such adult may be in need of  protective services  due  to  the  conduct  of an individual or individuals who had access to such adult when such adult was a child and that  such  reports and information are needed to further the present investigation.  (bb)  an  entity  with appropriate legal authority in another state to license, certify or otherwise approve residential  programs  for  foster children  where  disclosure  of information regarding any prospective or current employee of such program is  required  by  paragraph  twenty  of subdivision (a) of section six hundred seventy-one of title forty-two of the United States code.   After a child, other than a child in residential care, who is reported to  the  central  register  of  abuse or maltreatment reaches the age of eighteen years, access to a child's record under subparagraphs  (a)  and (b) of this paragraph shall be permitted only if a sibling or off-spring of  such  child is before such person and is a suspected victim of child abuse or maltreatment. In addition, a person  or  official  required  to make  a  report  of  suspected  child  abuse or maltreatment pursuant to section four hundred  thirteen  of  this  chapter  shall  receive,  upon request,  the  findings of an investigation made pursuant to this title. However, no information may be released unless the person or  official's identity is confirmed by the office. If the request for such information is  made  prior  to  the completion of an investigation of a report, the released  information  shall  be  limited  to  whether  the  report   is "indicated",  "unfounded"  or  "under investigation", whichever the case may be. If the request for such information is made after the completion of an investigation of a  report,  the  released  information  shall  be limited  to  whether the report is "indicated" or "unfounded", whichever the case may be. A person given access to the names or other information identifying the subjects of the report, or other persons  named  in  the report,  except  the subject of the report or other persons named in the report, shall not divulge or make public  such  identifying  information unless  he  or  she  is  a  district  attorney  or other law enforcement official and the purpose is to initiate court action or  the  disclosure is  necessary in connection with the investigation or prosecution of the subject of the report for a crime alleged to have been committed by  the subject  against  another  person  named  in the report. Nothing in this section  shall  be  construed  to  permit  any  release,  disclosure  or identification  of  the names or identifying descriptions of persons who have reported suspected child abuse or  maltreatment  to  the  statewide central  register  or  the agency, institution, organization, program or other entity where such persons are employed or the agency, institution, organization or program with which  they  are  associated  without  such persons'  written  permission except to persons, officials, and agencies enumerated in subparagraphs (e), (f), (h), (j), (l), (m) and (v) of this paragraph.   To the extent that persons or agencies are given access to information pursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m), (o) and (q) of this paragraph, such persons or agencies may give  and  receive  such information  to  each  other  in  order  to  facilitate an investigation conducted by such persons or agencies.  (B) Notwithstanding any inconsistent provision of law to the contrary, a city or county social services commissioner may withhold, in whole  or  in part, the release of any information which he or she is authorized to make  available  to persons or agencies identified in subparagraphs (a), (k), (l),  (m),  (n),  (o),  (p)  and  (q)  of  paragraph  (A)  of  this subdivision if such commissioner determines that such information is not related  to the purposes for which such information is requested or when such disclosure will be detrimental to the child named in the report.  (C) A city or county social services commissioner who denies access by persons or agencies identified in subparagraphs (a), (k), (l), (m), (n), (o), (p) and (q) of  paragraph  (A)  of  this  subdivision  to  records, reports  or  other  information  or  parts  thereof  maintained  by such commissioner in accordance with this title shall, within ten  days  from the  date  of  receipt  of  the  request fully explain in writing to the person requesting the records, reports or other information the  reasons for the denial.  (D) A person or agency identified in subparagraphs (a), (k), (l), (m), (n), (o), (p) and (q) of paragraph (A) of this subdivision who is denied access  to  records,  reports  or  other  information  or  parts thereof maintained by a local department pursuant to  this  title  may  bring  a proceeding  for  review of such denial pursuant to article seventy-eight of the civil practice law and rules.   5. (a) * Unless an investigation of a  report  conducted  pursuant  to this  title  determines  that  there  is  some  credible evidence of the alleged abuse or maltreatment, all information identifying the  subjects of  the  report  and  other persons named in the report shall be legally sealed forthwith by the central register and any local child  protective services  or  the  state  agency  which  investigated  the  report. Such unfounded reports may only be unsealed and made available:   * NB Effective until January 1, 2022   * Unless an investigation of a report conducted pursuant to this title that is commenced on  or  before  December  thirty-first,  two  thousand twenty-one  determines  that  there  is  some  credible  evidence of the alleged abuse or maltreatment or unless an  investigation  of  a  report conducted  pursuant  to this title that is commenced on or after January first,  two  thousand  twenty-two  determines  that  there  is  a   fair preponderance  of  the  evidence  that the alleged abuse or maltreatment occurred, all information identifying the subjects  of  the  report  and other  persons  named in the report shall be legally sealed forthwith by the central register and  any  local  child  protective  services  which investigated the report. Such unfounded reports may only be unsealed and made available:   * NB Effective January 1, 2022  (i)  to  the office of children and family services for the purpose of supervising a social services district;  (ii) to the office of  children  and  family  services  and  local  or regional  fatality  review  team  members for the purpose of preparing a fatality report pursuant to section twenty or four hundred  twenty-two-b of this chapter;  (iii)  to a local child protective service, the office of children and family services, or all members of a local or regional multidisciplinary investigative team or the justice center for the  protection  of  people with  special  needs when investigating a subsequent report of suspected abuse, neglect or maltreatment involving  a  subject  of  the  unfounded report,  a  child  named  in  the unfounded report, or a child's sibling named in the unfounded report pursuant to this article or article eleven of this chapter;  (iv) to the subject of the report; and  (v) to  a  district  attorney,  an  assistant  district  attorney,  an investigator  employed  in  the  office  of a district attorney, or to a  sworn officer of the division of state police, of a city,  county,  town or  village  police department or of a county sheriff's office when such official verifies that the report is  necessary  to  conduct  an  active investigation  or  prosecution  of  a  violation  of subdivision four of section 240.50 of the penal law.  (b) Persons given access to unfounded reports pursuant to subparagraph (v) of paragraph (a) of  this  subdivision  shall  not  redisclose  such reports except as necessary to conduct such appropriate investigation or prosecution  and  shall  request  of  the  court that any copies of such reports produced in any court proceeding be redacted to remove the names of the subjects and other persons named in the reports or that the court issue an order protecting the names of the subjects  and  other  persons named  in the reports from public disclosure. The local child protective service or state agency shall not indicate the subsequent report  solely based  upon  the  existence  of  the  prior unfounded report or reports. Notwithstanding section four hundred fifteen of this title, section  one thousand  forty-six  of  the  family  court act, or, except as set forth herein, any other provision of law to the contrary, an unfounded  report shall  not be admissible in any judicial or administrative proceeding or action; provided, however, an unfounded report may  be  introduced  into evidence:  (i)  by  the  subject  of  the report where such subject is a respondent in a proceeding under article ten of the family court act  or is  a  plaintiff  or petitioner in a civil action or proceeding alleging the false reporting of  child  abuse  or  maltreatment;  or  (ii)  in  a criminal court for the purpose of prosecuting a violation of subdivision four  of  section  240.50  of  the  penal  law. Legally sealed unfounded reports shall be expunged ten years after the receipt of the report.   * (c) Notwithstanding any  other  provision  of  law,  the  office  of children  and family services may, in its discretion, grant a request to expunge an unfounded report where: (i) the  source  of  the  report  was convicted  of  a violation of subdivision three of section 240.55 of the penal law in regard to such report; or (ii) the subject  of  the  report presents  clear  and  convincing evidence that affirmatively refutes the allegation of abuse or maltreatment; provided however, that the  absence of  credible evidence supporting the allegation of abuse or maltreatment shall not be the sole basis to  expunge  the  report.  Nothing  in  this paragraph  shall  require  the office of children and family services to hold an administrative hearing in deciding whether to expunge a  report. Such  office  shall  make  its  determination upon reviewing the written evidence submitted by the subject of  the  report  and  any  records  or information  obtained  from the state or local agency which investigated the allegations of abuse or maltreatment.   * NB Effective until January 1, 2022   * (c) Notwithstanding any  other  provision  of  law,  the  office  of children  and family services may, in its discretion, grant a request to expunge an unfounded report where: (i) the  source  of  the  report  was convicted  of  a violation of subdivision three of section 240.55 of the penal law in regard to such report; or (ii) the subject  of  the  report presents  clear  and  convincing evidence that affirmatively refutes the allegation of abuse or maltreatment; provided however, that the  absence of  a  fair  preponderance  of the evidence supporting the allegation of abuse or maltreatment shall not be the sole basis to expunge the report. Nothing in this paragraph shall  require  the  office  of  children  and family services to hold an administrative hearing in deciding whether to expunge  a  report.  Such  office  shall  make  its  determination  upon reviewing the written evidence submitted by the subject  of  the  report and  any  records or information obtained from the state or local agency which investigated the allegations of abuse or maltreatment.    * NB Effective January 1, 2022   5-a.  Upon  notification from a local social services district, that a report is part of the family assessment and services track  pursuant  to subparagraph  (i)  of  paragraph (c) of subdivision four of section four hundred  twenty-seven-a  of  this  title,  the  central  register  shall forthwith  identify  the  report as an assessment track case and legally seal such report. Access to reports assigned  to,  and  records  created under   the   family  assessment  and  services  track  and  information concerning such reports and records is  governed  by  paragraph  (d)  of subdivision five of section four hundred twenty-seven-a of this title.   6.  In  all  other  cases,  the  record of the report to the statewide central register shall  be  expunged  ten  years  after  the  eighteenth birthday  of  the  youngest  child named in the report. In the case of a child in residential care the record of  the  report  to  the  statewide central  register shall be expunged ten years after the reported child's eighteenth birthday. In any case and at any time,  the  commissioner  of the  office  of  children  and family services may amend any record upon good cause shown and notice to the subjects  of  the  report  and  other persons  named in the report. Provided however, any report indicated for maltreatment based solely on the purchase, possession or consumption  of cannabis,  without  a  showing  that  the  child's  physical,  mental or emotional condition was impaired or was in imminent danger  of  becoming impaired  in  accordance  with  the  definition of child maltreatment as provided for in section four hundred twelve of this title is established by a fair preponderance of the evidence shall immediately be sealed upon a request pursuant to subdivision eight of this section or section  four hundred twenty-four-a of this title.   7.  At  any time, a subject of a report and other persons named in the report may receive, upon request, a copy of all information contained in the central  register;  provided,  however,  that  the  commissioner  is authorized  to  prohibit  the  release  of  data that would identify the person  who  made  the  report  or  who  cooperated  in   a   subsequent investigation or the agency, institution, organization, program or other entity  where  such  person  is employed or with which he is associated, which he reasonably finds will be detrimental to the safety or interests of such person.   8.  (a)  (i)  At  any  time  subsequent  to  the  completion  of   the investigation  but  in no event later than ninety days after the subject of the report is notified that the report is indicated the  subject  may request  the  commissioner  to  amend  the  record of the report. If the commissioner does not amend the report in accordance with  such  request within  ninety days of receiving the request, the subject shall have the right to a fair hearing, held in accordance with paragraph (b)  of  this subdivision,  to  determine  whether  the  record  of  the report in the central register should be amended on the grounds that it is  inaccurate or it is being maintained in a manner inconsistent with this title.   * (ii)  Upon receipt of a request to amend the record of a child abuse and maltreatment report the office of children and family services shall immediately send a written request to the child  protective  service  or the state agency which was responsible for investigating the allegations of  abuse or maltreatment for all records, reports and other information maintained by the service or state agency pertaining to  such  indicated report.  The  service or state agency shall as expeditiously as possible but within no more than twenty working days of receiving  such  request, forward  all records, reports and other information it maintains on such indicated report to the office of  children  and  family  services.  The office  of  children  and  family  services  shall  as  expeditiously as possible but within no more than fifteen working days of receiving  such  materials  from the child protective service or state agency, review all such materials in its possession concerning  the  indicated  report  and determine,  after  affording  such  service or state agency a reasonable opportunity  to present its views, whether there is a fair preponderance of the evidence to find that the subject committed the act  or  acts  of child  abuse  or  maltreatment  giving  rise to the indicated report and whether, based on guidelines developed by the  office  of  children  and family  services  pursuant  to  subdivision five of section four hundred twenty-four-a of this title, such act or  acts  could  be  relevant  and reasonably  related  to  employment  of  the  subject of the report by a provider agency, as defined by subdivision three of section four hundred twenty-four-a of this title, or relevant and reasonably related  to  the subject  of  the  report  being  allowed to have regular and substantial contact with children who  are  cared  for  by  a  provider  agency,  or relevant  and  reasonably  related  to the approval or disapproval of an application submitted by the  subject  of  the  report  to  a  licensing agency,   as  defined  by  subdivision  four  of  section  four  hundred twenty-four-a of this title.   * NB Effective until January 1, 2022   * (ii) Upon receipt of a request to amend the record of a child  abuse and maltreatment report the office of children and family services shall immediately send a written request to the child protective service which was   responsible   for   investigating  the  allegations  of  abuse  or maltreatment for all records, reports and other  information  maintained by  the  service pertaining to such indicated report. Where a proceeding pursuant to article ten of the  family  court  act  based  on  the  same allegations  that  were indicated is pending, the request to amend shall be stayed until the disposition of such  family  court  proceeding.  The service  shall  as  expeditiously  as  possible  but within no more than twenty working days of receiving  such  request,  forward  all  records, reports  and  other information it maintains on such indicated report to the office of children and family services,  including  a  copy  of  any petition  or  court  order based on the allegations that were indicated. Unless such request to amend has been stayed, the office of children and family services shall as expeditiously as possible but  within  no  more than  fifteen  working  days  of receiving such materials from the child protective service or state agency, review all  such  materials  in  its possession   concerning   the  indicated  report  and  determine,  after affording such service a reasonable opportunity to  present  its  views, whether  there  is a fair preponderance of the evidence to find that the subject committed the act or acts of child abuse or maltreatment  giving rise  to the indicated report and whether, based on guidelines developed by the office of children and family services  pursuant  to  subdivision five  of  section  four hundred twenty-four-a of this title, such act or acts could be relevant and  reasonably  related  to  employment  of  the subject  of  the  report by a provider agency, as defined by subdivision three of section four hundred twenty-four-a of this title,  or  relevant and  reasonably  related  to  the subject of the report being allowed to have regular and substantial contact with children who are cared for  by a provider agency, or relevant and reasonably related to the approval or disapproval  of an application submitted by the subject of the report to a licensing agency, as defined  by  subdivision  four  of  section  four hundred twenty-four-a of this title.   * NB Effective January 1, 2022   * (iii)  If  it  is  determined  at  the  review held pursuant to this paragraph (a) that there is no credible evidence in the record  to  find that   the   subject  committed  an  act  or  acts  of  child  abuse  or  maltreatment, the department shall amend the record to indicate that the report is "unfounded" and notify the subject forthwith.   * NB Effective until January 1, 2022   * (iii)  If  it  is  determined  at  the  review held pursuant to this paragraph that there is not a fair preponderance of the evidence in  the record  to find that the subject committed an act or acts of child abuse or maltreatment, the office of children and family services shall  amend the  record  to  indicate  that the report is "unfounded" and notify the subject forthwith.   * NB Effective January 1, 2022   * (iv) If it is  determined  at  the  review  held  pursuant  to  this paragraph (a) that there is some credible evidence in the record to find that  the  subject  committed such act or acts but that such act or acts could not be relevant and reasonably related to the  employment  of  the subject  by  a  provider  agency or to the subject being allowed to have regular and substantial contact with children who are  cared  for  by  a provider  agency  or the approval or disapproval of an application which could be submitted by the subject to a licensing agency, the  department shall  be  precluded from informing a provider or licensing agency which makes an inquiry to the department pursuant to the provisions of section four hundred twenty-four-a of this title concerning the subject that the person about whom the inquiry is made is the  subject  of  an  indicated report  of  child  abuse  or  maltreatment.  The department shall notify forthwith the subject of the report of such determinations  and  that  a fair  hearing  has  been  scheduled  pursuant  to  paragraph (b) of this subdivision. The sole issue at such hearing shall be whether the subject has been shown by some credible evidence to have committed  the  act  or acts of child abuse or maltreatment giving rise to the indicated report.   * NB Effective until January 1, 2022   * (iv)  If  it  is  determined  at  the  review  held pursuant to this paragraph that there is a fair preponderance  of  the  evidence  in  the record to find that the subject committed such act or acts but that such act  or  acts  could  not  be  relevant  and  reasonably  related to the employment of the subject by a provider agency or to the  subject  being allowed  to  have  regular and substantial contact with children who are cared for by a provider agency or the  approval  or  disapproval  of  an application  which  could  be  submitted  by  the subject to a licensing agency, the office of children and family services  shall  be  precluded from  informing a provider or licensing agency which makes an inquiry to such  office  pursuant  to  the  provisions  of  section  four   hundred twenty-four-a of this title concerning the subject that the person about whom  the inquiry is made is the subject of an indicated report of child abuse or maltreatment. The office of children and family services  shall notify  forthwith  the  subject of the report of such determinations and that a fair hearing has been scheduled pursuant to paragraph (b) of this subdivision. The sole issue at such hearing shall be whether the subject has been shown by a fair preponderance of the evidence to have committed the act or acts of child  abuse  or  maltreatment  giving  rise  to  the indicated report.   * NB Effective January 1, 2022   * (v)  If  it  is  determined  at  the  review  held  pursuant to this paragraph (a) that there is some credible  evidence  in  the  record  to prove  that  the  subject  committed  an  act  or acts of child abuse or maltreatment and that such act or acts could be relevant and  reasonably related  to the employment of the subject by a provider agency or to the subject being allowed to  have  regular  and  substantial  contact  with children  cared  for by a provider agency or the approval or disapproval of an application which could be submitted by the subject to a licensing  agency, the department shall notify forthwith the subject of the  report of  such  determinations  and  that  a  fair  hearing has been scheduled pursuant to paragraph (b) of this subdivision.   * NB Effective until January 1, 2022   * (v)  If  it  is  determined  at  the  review  held  pursuant to this paragraph that there is a fair preponderance  of  the  evidence  in  the record to prove that the subject committed an act or acts of child abuse or  maltreatment  and  that  such  act  or  acts  could  be relevant and reasonably related to the employment of the subject by a provider agency or to the subject being allowed to have regular and substantial  contact with  children  cared  for  by  a  provider  agency  or  the approval or disapproval of an application which could be submitted by the subject to a licensing agency, the office of children  and  family  services  shall notify  forthwith  the  subject of the report of such determinations and that a fair hearing has been scheduled pursuant to paragraph (b) of this subdivision.   * NB Effective January 1, 2022  (b) (i) If the department, within ninety days of receiving  a  request from  the subject that the record of a report be amended, does not amend the record  in  accordance  with  such  request,  the  department  shall schedule  a  fair  hearing  and  shall  provide  notice of the scheduled hearing date to the subject, the  statewide  central  register  and,  as appropriate,  to  the child protective service or the state agency which investigated the report.   * (ii) The burden of proof in such a hearing shall  be  on  the  child protective service or the state agency which investigated the report, as the  case  may  be.  In  such a hearing, the fact that there is a family court finding of abuse or neglect against the subject in  regard  to  an allegation   contained  in  the  report  shall  create  an  irrebuttable presumption that said  allegation  is  substantiated  by  some  credible evidence.   * NB Effective until January 1, 2022   * (ii)  The  burden  of  proof in such a hearing shall be on the child protective service which investigated the report.  In  such  a  hearing, where  a  family  court proceeding pursuant to article ten of the family court act has occurred  and  where  the  petition  for  such  proceeding alleges  that a respondent in that proceeding committed abuse or neglect against the subject child in regard to  an  allegation  contained  in  a report  indicated  pursuant  to  this section: (A) where the court finds that such respondent did commit abuse  or  neglect  there  shall  be  an irrebuttable  presumption  in  a  fair  hearing  held  pursuant  to this subdivision  that  said  allegation   is   substantiated   by   a   fair preponderance  of the evidence as to that respondent on that allegation; and (B) where such child protective service withdraws such petition with prejudice, where the family court dismisses such petition, or where  the family court finds on the merits in favor of the respondent, there shall be  an  irrebuttable presumption in a fair hearing held pursuant to this subdivision that said allegation as to  that  respondent  has  not  been proven by a fair preponderance of the evidence.   * NB Effective January 1, 2022  (c)  * (i)  If  it  is determined at the fair hearing that there is no credible evidence in the record to find that the  subject  committed  an act  or  acts of child abuse or maltreatment, the department shall amend the record to reflect that such a finding was made at the administrative hearing, order any  child  protective  service  or  state  agency  which investigated  the  report  to similarly amend its records of the report, and shall notify the subject forthwith of the determination.   * NB Effective until January 1, 2022    * (i) If it is determined at the fair hearing that there is not a fair preponderance of the evidence in the record to  find  that  the  subject committed  an  act or acts of child abuse or maltreatment, the office of children and family services shall amend the record to reflect that such a  finding  was  made  at  the  administrative  hearing, order any child protective service which investigated the report to similarly amend  its records  of  the  report,  and shall notify the subject forthwith of the determination.   * NB Effective January 1, 2022   * (ii) Upon a determination made at a fair hearing held  on  or  after January  first,  nineteen  hundred  eighty-six scheduled pursuant to the provisions of subparagraph (v) of paragraph (a) of this subdivision that the subject has been shown by a fair preponderance of  the  evidence  to have  committed  the  act  or acts of child abuse or maltreatment giving rise to the indicated report, the hearing officer shall determine, based on guidelines developed by the office of children  and  family  services pursuant  to  subdivision  five of section four hundred twenty-four-a of this title, whether such act or acts are relevant and reasonably related to employment of the  subject  by  a  provider  agency,  as  defined  by subdivision  three  of section four hundred twenty-four-a of this title, or relevant and reasonably related to the subject being allowed to  have regular  and  substantial  contact  with children who are cared for by a provider agency or relevant and reasonably related to  the  approval  or disapproval  of  an  application submitted by the subject to a licensing agency,  as  defined  by  subdivision  four  of  section  four   hundred twenty-four-a of this title.   Upon  a  determination  made at a fair hearing that the act or acts of abuse or maltreatment are relevant and reasonably related to  employment of the subject by a provider agency or the subject being allowed to have regular  and  substantial  contact  with children who are cared for by a provider agency or the approval or denial of an application submitted by the subject to a licensing  agency,  the  department  shall  notify  the subject  forthwith.  The department shall inform a provider or licensing agency which  makes  an  inquiry  to  the  department  pursuant  to  the provisions   of   section  four  hundred  twenty-four-a  of  this  title concerning the subject that the person about whom the inquiry is made is the subject of an indicated child abuse or maltreatment report.   The failure to determine at the fair hearing that the act or  acts  of abuse  and  maltreatment  are  relevant  and  reasonably  related to the employment of the subject by a provider agency or to the  subject  being allowed  to  have  regular and substantial contact with children who are cared for by  a  provider  agency  or  the  approval  or  denial  of  an application  submitted  by  the  subject  to  a  licensing  agency shall preclude the department from informing a provider  or  licensing  agency which  makes  an inquiry to the department pursuant to the provisions of section four hundred twenty-four-a of this title concerning the  subject that  the  person  about  whom  the inquiry is made is the subject of an indicated child abuse or maltreatment report.   * NB Effective until January 1, 2022   * (ii) Upon a determination made at a fair hearing scheduled  pursuant to  the  provisions  of  subparagraph  (v)  of  paragraph  (a)  of  this subdivision that the subject has been shown by a fair  preponderance  of the  evidence  to  have  committed  the  act  or  acts of child abuse or maltreatment giving rise to the indicated report,  the  hearing  officer shall determine, based on guidelines developed by the office of children and family services pursuant to subdivision five of section four hundred twenty-four-a  of  this title, whether such act or acts are relevant and reasonably related to employment of the subject by a provider agency, as  defined by subdivision three of section four  hundred  twenty-four-a  of this  title,  or  relevant  and  reasonably related to the subject being allowed to have regular and substantial contact with  children  who  are cared for by a provider agency or relevant and reasonably related to the approval  or disapproval of an application submitted by the subject to a licensing agency, as defined by subdivision four of section four hundred twenty-four-a of this title.   Upon a determination made at a fair hearing that the act  or  acts  of abuse  or maltreatment are relevant and reasonably related to employment of the subject by a provider agency or the subject being allowed to have regular and substantial contact with children who are  cared  for  by  a provider agency or the approval or denial of an application submitted by the  subject  to  a  licensing agency, the office of children and family services shall notify the subject forthwith. The office of children  and family  services shall inform a provider or licensing agency which makes an inquiry to such office pursuant to the  provisions  of  section  four hundred  twenty-four-a  of  this  title  concerning the subject that the person about whom the inquiry is made is the  subject  of  an  indicated child abuse or maltreatment report.   The  failure  to determine at the fair hearing that the act or acts of abuse and maltreatment  are  relevant  and  reasonably  related  to  the employment  of  the subject by a provider agency or to the subject being allowed to have regular and substantial contact with  children  who  are cared  for  by  a  provider  agency  or  the  approval  or  denial of an application submitted  by  the  subject  to  a  licensing  agency  shall preclude  the  office  of  children and family services from informing a provider or licensing agency which  makes  an  inquiry  to  such  office pursuant to the provisions of section four hundred twenty-four-a of this title  concerning  the subject that the person about whom the inquiry is made is the subject of an indicated child abuse or maltreatment report.   * NB Effective January 1, 2022  (d) The  commissioner  or  his  or  her  designated  agent  is  hereby authorized  and  empowered  to make any appropriate order respecting the amendment of a record  to  make  it  accurate  or  consistent  with  the requirements of this title.   * (e)  Should  the  department grant the request of the subject of the report pursuant to this subdivision  either  through  an  administrative review  or  fair  hearing  to  amend an indicated report to an unfounded report. Such report shall be legally sealed and shall  be  released  and expunged  in accordance with the standards set forth in subdivision five of this section.   * NB Effective until January 1, 2022   * (e) Should the office of children  and  family  services  grant  the request of the subject of the report pursuant to this subdivision either through  an  administrative review or fair hearing to amend an indicated report to an unfounded report, such report shall be legally  sealed  and shall  be  released  and  expunged  in accordance with the standards set forth in subdivision five of this section.   * NB Effective January 1, 2022   9. Written notice of any expungement or amendment of any record,  made pursuant to the provisions of this title, shall be served forthwith upon each  subject  of  such  record,  other persons named in the report, the commissioner, and, as appropriate, the applicable local child protective service, the justice center for the protection of  people  with  special needs,  department  of  education,  office  of mental health, office for people  with  developmental  disabilities,  the  local  social  services commissioner  or school district placing the child, any attorney for the child appointed to  represent  the  child  whose  appointment  has  been  continued  by  a  family  court  judge  during  the  term  of  a child's placement, and the director or operator of a residential  care  facility or program. The local child protective service or the state agency which investigated  the  report,  upon  receipt of such notice, shall take the appropriate similar action in regard to its child abuse and maltreatment register and records and inform, for the same purpose, any other  agency which received such record.   12. Any person who willfully permits and any person who encourages the release of any data and information contained in the central register to persons  or  agencies  not  permitted by this title shall be guilty of a class A misdemeanor.   13. There shall be a single statewide telephone number for use by  all persons  seeking  general information about child abuse, maltreatment or welfare other than for the purpose of making a report of child abuse  or maltreatment.   14.  The office shall refer suspected cases of falsely reporting child abuse and maltreatment in  violation  of  subdivision  four  of  section 240.50  of  the  penal  law to the appropriate law enforcement agency or district attorney.