Relates to unsealing unfounded child abuse and maltreatment reports upon a court order finding that justice requires the information in such reports is necessary for the determination of charges being investigated by a grand jury or for the purposes of prosecuting a violation of the penal law or otherwise necessary for the furtherance of justice.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8689
SPONSOR: Schiavoni TITLE OF BILL:
An act to amend the social services law, in relation to the unsealing of
unfounded child abuse and maltreatment reports in certain circumstances
PURPOSE:
This legislation will enable the unsealing of unfounded child abuse and
maltreatment reports to a district attorney upon a court order for the
purpose of prosecuting a violation of the penal law or grand jury upon a
court order finding it necessary to determine charges being investigated
for the furtherance of justice.
SUMMARY OF PROVISIONS:
Section 1. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 2
5 of section 422 of the social services law, subparagraph (iv) as 3
amended by chapter 555 of the laws of 2000 and subparagraph (v) as 4
amended by chapter 256 of the laws of 2014, are amended to require a
district attorney to affirm under oath an unfounded report is necessary
for the purpose of prosecuting a violation of the penal law or is other-
wise necessary for the furtherance of justice and a new 5 subparagraph
(vi) is added to permit the unsealing of an unfounded report to a grand
jury upon a court order finding it necessary for the determination of
charges being investigated by such grand jury or otherwise necessary for
the furtherance of justice.
Section 2. § 2. Paragraph (b) of subdivision 5 of section 422 of the
social 21 services law, as amended by section 7 of part D of chapter 501
of the 22 laws of 2012, is amended to permit the submission of an
unfounded report into evidence in a grand jury or other judicial
proceeding for the purpose of determining charges being investigated by
such grand jury.
Section 3. Establishes the enacting clause.
JUSTIFICATION:
The tragic death of Thomas Valva, an 8-year-old boy who succumbed to
hypothermia in 2020 in Suffolk County after repeated abuse and neglect
by his father, has illuminated the undeniable and urgent call to amend
our social services law to protect the lives of children.
Suffolk County Child Protective Services (CPS) classified ten out of
eleven reports of maltreatment and child abuse filed by mandated repor-
ters as unfounded.' Current law prohibits unfounded cases from being
submitted into evidence except for prosecuting penal law violation
240.50. The historical. and intended purpose of this stringent statute
has been to mitigate falae. allegations and protect confidentiality. The
unintended consequence of such is the ability of CPS to bury and seal
reports that have been mishandled.
In the case of Thomas Valva, the grand jury's ability to make a compre-
hensive determination was drastically hindered by the inability to
retrieve and submit into evidence sealed unfounded reports'-. As a
result, the Suffolk County Grand Jury Report CPL 190.85 (1)(c) under-
scored recommendations that would provide district attorneys and grand
juries with access to unfounded reports upon a court order determining
such is necessary for the prosecution of a violation of the penal law or
to determine charges being investigated by such grand jury.
This legislation presents a balance between maintaining confidentiality
and ensuring agency accountability. It is a vital amendment that will
undoubtedly aid in deterring future instances of unjust behavior.
PRIOR LEGISLATIVE HISTORY:
2023-24 S.9042/A.10007
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Newsbreak, 2024. Retrieved from: https://www.newsbreak.cominews
/3391952692795-da-suffolk-cpsdeemed-10-of- 11-reports-about-thomas-val-
va-s-abuse-unfounded
(2) Newsday, 2024. Retrieved by:
https://wvvw.newsday.cominews/regionstate
/child-protective-servicesconfidentiality-a3a2r3Ir
(3) Suffolk County Supreme Court Special Grand Jury, September
2023-March 2024. CPL190.85 (1)(c )
STATE OF NEW YORK
________________________________________________________________________
8689
2025-2026 Regular Sessions
IN ASSEMBLY
May 29, 2025
___________
Introduced by M. of A. SCHIAVONI -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to the unsealing of
unfounded child abuse and maltreatment reports in certain circum-
stances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (iv) and (v) of paragraph (a) of subdivision
2 5 of section 422 of the social services law, subparagraph (iv) as
3 amended by chapter 555 of the laws of 2000 and subparagraph (v) as
4 amended by chapter 256 of the laws of 2014, are amended and a new
5 subparagraph (vi) is added to read as follows:
6 (iv) to the subject of the report; [and]
7 (v) to a district attorney, an assistant district attorney, an inves-
8 tigator employed in the office of a district attorney, or to a sworn
9 officer of the division of state police, of a city, county, town or
10 village police department or of a county sheriff's office (A) when such
11 official [verifies] affirms under oath that the report is necessary to
12 conduct an active investigation or prosecution of a violation of subdi-
13 vision four of section 240.50 of the penal law; or (B) upon a court
14 order finding that the information in such report is necessary for the
15 purpose of prosecuting a violation of the penal law or is otherwise
16 necessary for the furtherance of justice; and
17 (vi) to a grand jury, upon a court order finding it necessary for the
18 determination of charges being investigated by such grand jury or other-
19 wise necessary for the furtherance of justice.
20 § 2. Paragraph (b) of subdivision 5 of section 422 of the social
21 services law, as amended by section 7 of part D of chapter 501 of the
22 laws of 2012, is amended to read as follows:
23 (b) Persons given access to unfounded reports pursuant to subparagraph
24 (v) of paragraph (a) of this subdivision shall not redisclose such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02774-01-5
A. 8689 2
1 reports except as necessary to conduct such appropriate investigation or
2 prosecution and shall request of the court that any copies of such
3 reports produced in any court proceeding be redacted to remove the names
4 of the subjects and other persons named in the reports or that the court
5 issue an order protecting the names of the subjects and other persons
6 named in the reports from public disclosure. The local child protective
7 service or state agency shall not indicate the subsequent report solely
8 based upon the existence of the prior unfounded report or reports.
9 Notwithstanding section four hundred fifteen of this title, section one
10 thousand forty-six of the family court act, or, except as set forth
11 herein, any other provision of law to the contrary, an unfounded report
12 shall not be admissible in any judicial or administrative proceeding or
13 action; provided, however, an unfounded report may be introduced into
14 evidence: (i) by the subject of the report where such subject is a
15 respondent in a proceeding under article ten of the family court act or
16 is a plaintiff or petitioner in a civil action or proceeding alleging
17 the false reporting of child abuse or maltreatment; [or] (ii) in a crim-
18 inal court for the purpose of prosecuting a violation of [subdivision
19 four of section 240.50 of] the penal law; or (iii) in a grand jury or
20 other judicial proceeding for the purpose of determining charges being
21 investigated by such grand jury. Legally sealed unfounded reports shall
22 be expunged ten years after the receipt of the report.
23 § 3. This act shall take effect on the ninetieth day after it shall
24 have become a law.
