2023 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, 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.
(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 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:
(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  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.
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 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.
(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.
(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.
(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.
(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 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.
(c) (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.
(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.
(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  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.
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.