BILL NUMBER: S8205
SPONSOR: BRISPORT
 
TITLE OF BILL:
An act to amend the social services law, in relation to the access of
certain information by the New York city department of investigation
 
SUMMARY OF PROVISIONS:
Section one adds a new paragraph to subdivision 4 of section 372 adding
the New York City Department of Investigation to the list of entities
that is entitled to access confidential records relating to "abandoned,
delinquent, neglected or dependent children" maintained by entities who
"receive, accept or commit any child."
Section two amends paragraph m of subdivision 4 of section 422 to remove
the requirement that the New York City Department of Investigation
receive prior approval from the State Department of Social Services
before receiving access to certain records.
Section three adds a new subparagraph to paragraph a of subdivision 5 of
section 422 of the social services law to authorize the New York City
Department of Investigation to access certain records for certain limit-
ed purposes.
Section four amends paragraph m of subdivision 2 of section 496 to
remove the requirement that the New York City Department of Investi-
gation receive prior approval from the Justice Center or applicable
state oversight agency before receiving access to certain records.
 
JUSTIFICATION:
The New York City Department of Investigation (DOI) is the Inspector
General of New York City responsible for independently investigating and
preventing corruption, fraud, waste, and abuse. In that capacity, DOI is
responsible for conducting oversight of New York City Administration for
Children's Services' (ACS) operations, including oversight regarding
management of the City's juvenile detention centers, contraband traf-
ficking into the centers by center staff, problems in the foster care
system, and allegations of staff misconduct. DOI staff include investi-
gators as well as peace officers who can make arrests and participate in
the execution of search warrants, and the agency staff work closely with
prosecuting offices to develop evidence and charge cases warranting
criminal prosecution, issue reports, and make recommendations for policy
and procedural reform where appropriate. In order to provide this over-
sight and conduct robust investigations, DOI regularly requires access
to records and information maintained by ACS and the State concerning
youth.
Under current law, DOI has the authority to access records and informa-
tion maintained in certain government registers and databases for
purposes of its investigations, but only with prior approval of OCFS or
the Justice Center. The DOI argues that delays in accessing certain
informatian.can hinder the agency's ability to conduct effective inves-
tigations. This legislation therefore seeks to rebalance the DOI's
access to such records.
The DOI has expressed concern regarding its ability to investigate ACS
employees for misconduct cases where CPS agents have acted with "undue
familiarity" towards the subject of their investigations. Likewise, DOI
has argued that having broader access to records will allow the agency
to conduct proper investigations regarding the tragic instances of child
fatalities that may occur, and examine whether CPS agents have acted
properly.
Ultimately, this legislation seeks further transparency and oversight to
ensure that CPS agents and juvenile detention facility employees are
executing their duties properly.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

Statutes affected:
S8205: 372 social services law, 372(4) social services law, 422 social services law, 422(4) social services law, 422(5) social services law, 496 social services law, 496(2) social services law