NY Lab L § 215-B (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 215-B - Children; Adverse Information; Notification.

§  215-b. Children; adverse information; notification. 1. For purposes of this section, the following terms shall have the following meanings:  (a) "Child" means any person under the age of sixteen;  (b) "Parent" means the birth or adoptive parent, the guardian or other adult having legal responsibility for the child;  (c)  "Person"  means   any   individual,   partnership,   corporation, association  or  other  business  entity  or  any employee thereof which regularly maintains a place of business which is open to the public  and which  operates  or  is  operated  for the purpose of offering for sale, whether at wholesale, retail or  otherwise,  a  consumer  commodity  for purchase by the public;  (d)   "Adverse   information   file"   means   any  written  or  other communication of any information with respect to the alleged  commission by  a child of an act of theft within or directly proximate to any place of business operated by such person which alleged  acts  had  they  been committed  by  an adult would constitute misdemeanor larcenies under the penal law. Any information contained in such file on such child that  is likely  to have an effect upon the ability or eligibility of such child, either while he is a child or upon attaining a legal status other than a child, to obtain credit, insurance, employment, or other benefits, goods or services for which  he  may  seek  shall  be  deemed  to  be  adverse information  within the meaning of such term. Any such information shall be deemed to be adverse without regard to whether any  legal  action  as authorized  by  the family court act or the penal law was ever commenced against such child with regards to the alleged act of theft;  (e) "Consumer reporting agency" means any  person  who,  for  monetary fees,  dues,  or  on a cooperative nonprofit basis, regularly engages in whole or in part in gathering, assembling or evaluating consumer  credit information  or  other  information  on, about or relating to consumers, employees or potential employees for the purpose of  furnishing  reports to third parties.   2.  Any person who opens or causes to be opened an adverse information file shall:  (a) Open such adverse  information  file  within  seven  days  of  the alleged commission of a theft;  (b)  Notify  a parent of such child by regular mail within seventy-two hours, exclusive of weekends and holidays, of  the  time  such  file  is opened,  and  make  known  to such parent by such notice that an adverse information file has been opened on his child by such  person  and  such notice  shall  be  accompanied  by  copies of any documents in the file, including the written statements of admission or denial  signed  by  his child.  Such  notice  shall contain a telephone number for the parent to call to arrange for an appointment and an  address  to  mail  additional material  for  the  file. Every person required to make the notification required by this paragraph shall use reasonable diligence and effort  to ascertain  the  proper identity and location of a parent so as to assure that the provisions of this subdivision shall be complied with.  In  the event  that  a  child  divulges a false parent identity or location to a person, the person shall be exempted from the notification  requirements of  this  paragraph  unless  the person has actual knowledge of the true identity or location of a parent. The notification requirements of  this paragraph  shall  not  apply if the child falsely reports or gives false evidence of his age to be sixteen years or over to  such  person  unless the  person  has  actual  knowledge  that such child is under the age of sixteen. The notification required  in  this  paragraph  shall  be  made without  regard  to whether any legal action as authorized by the family court act or the penal law was ever commenced against  such  child  with regards to the alleged act of theft;  (c)  Further  notify  the  parent  of  such  child in the notification provided for in paragraph (b) of this subdivision that such parent shall have the right to request that a written statement of  two  hundred  and fifty  words  or  less to be prepared by the child or parent relevant to the  alleged  act  of  theft  be submitted and contained in such adverse information file. Upon such request and submission the written statement shall be attached to and included with such adverse information file.   3. No person shall provide access to, give, forward or make  available any  adverse  information  file  or  any  part  thereof  to any consumer reporting agency.   4. Any person who fails  to  comply  with  the  requirements  of  this section  applicable  to  such  person shall be liable to the child in an action commenced on behalf of such child in an amount equal to  the  sum of:  (a)  Any  actual  damages  sustained  by  the child as a result of any violation of this section;  (b) Such amount of punitive damages as the court may allow; and  (c) In the case of any successful  action  to  enforce  any  liability under   this   section  together  with  reasonable  attorney's  fees  as determined by the court.