2023 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.