Section 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,  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,  such  allegations  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, except as
  provided in subdivision eleven of this section. 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 department, local departments,  or
  the  commission  on  quality of care for the mentally disabled, 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 state commission on quality of care for the mentally  disabled
  in  connection  with  an investigation being conducted by the commission
  pursuant to article forty-five of the mental hygiene law;
    (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  state  division of parole regarding a person to whom the service or
  division is providing supervision pursuant to article sixty of the penal
  law or section two hundred fifty-nine-a of the executive 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 division 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 state
  division of parole, provided, however, that only indicated reports shall
  be furnished pursuant to this subdivision;
    (l)  a  district  attorney,  an   assistant   district   attorney   or
  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  city  police department, or of a county, town or village
  police department or county sheriff's office  or  department  when  such
  official  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;
    (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 division for youth, the office of mental
  health  or  the  office  of   mental   retardation   and   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 (n) 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 (n) 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;
    (q) a criminal justice agency conducting an investigation of a missing
  child where there is reason  to  suspect  such  child  or  such  child's
  sibling,  parent,  guardian or other person legally responsible for such
  child is a person named  in  an  indicated  report  of  child  abuse  or
  maltreatment  and  that  such  information  is  needed  to  further such
  investigation;
    (r) in relation to a report involving a child in residential care, the
  director or operator of the residential  facility  or  program  and,  as
  appropriate,  the  local social services commissioner or school district
  placing the child, the division for youth, the department of  education,
  the  commission on quality of care for the mentally disabled, the office
  of mental health, the office of  mental  retardation  and  developmental
  disabilities,  and  any  law  guardian  appointed to represent the child
  whose appointment has been continued by a family court judge during  the
  term   of  the  placement,  subject  to  the  limitations  contained  in
  subdivisions nine and ten  of  this  section  and  subdivision  five  of
  section four hundred twenty-four-c of this title;
    (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)  a  law  guardian, appointed pursuant to the provisions of section
  ten  hundred  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  law  guardian  has  been
  appointed is the subject or another person named in the report, pursuant
  to sections ten hundred thirty-nine-a and ten hundred 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; and
    (z)  an  entity  with  appropriate legal authority in another state to
  license, certify or otherwise approve prospective  foster  and  adoptive
  parents where disclosure of information regarding the prospective foster
  or  adoptive parents and other persons over the age of eighteen residing
  in the home of such prospective parents 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 or
  section  45.07 of the mental hygiene law. However, no information may be
  released unless the person or official's identity is  confirmed  by  the
  department.  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 or subdivision (c) of section 45.07  of  the  mental  hygiene  law
  determines  that there is some credible evidence of the alleged abuse or
  maltreatment, 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 or the
  state agency 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, all members of a local  or  regional  multidisciplinary
  investigative  team,  the commission on quality of care for the mentally
  disabled, or the department of  mental  hygiene,  when  investigating  a
  subsequent report of suspected abuse 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;
    (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 three of
  section 240.55 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
  three of section 240.55 of  the  penal  law.  Legally  sealed  unfounded
  reports  shall  be  expunged  ten years after the receipt of the report.
  Whenever the office of children  and  family  services  determines  that
  there  is some credible evidence of abuse or maltreatment as a result of
  an investigation of a report conducted pursuant to  subdivision  (c)  of
  section  45.07  of  the  mental  hygiene law, the office of children and
  family services shall notify the commission on quality of care  for  the
  mentally disabled.
    (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 credible
  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.
    * NB Repealed June 1, 2011
    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 as defined in subdivision four of section four
  hundred  twelve-a  of  this  title,  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.
    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  or
  the state agency which was responsible for investigating the allegations
  of  abuse or maltreatment for all records, reports and other information
  maintained by the service or state agency pertaining to  such  indicated
  report.  The  service or state agency 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.  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 or state agency 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 (a) that there is no credible evidence in the record  to  find
  that   the   subject  committed  an  act  or  acts  of  child  abuse  or
  maltreatment, the department 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
  (a) that there is some credible 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 department shall  be
  precluded  from  informing a provider or licensing agency which makes an
  inquiry to the department 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 department 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 some credible 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
  (a) that there is some credible 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
  department  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 or the state agency which investigated the report, as
  the case may be. In such a hearing, the fact  that  there  is  a  family
  court  finding  of  abuse or neglect against the subject in regard to an
  allegation  contained  in  the  report  shall  create  an   irrebuttable
  presumption  that  said  allegation  is  substantiated  by some credible
  evidence.
    (c) (i) If it is determined at the  fair  hearing  that  there  is  no
  credible  evidence  in  the record to find that the subject committed an
  act or acts of child abuse or maltreatment, the department  shall  amend
  the record to reflect that such a finding was made at the administrative
  hearing,  order  any  child  protective  service  or  state agency 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 held on or after
  January first, nineteen hundred eighty-six  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 department shall notify the
  subject forthwith. The department shall inform a provider  or  licensing

  agency  which  makes  an  inquiry  to  the  department  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  department  from informing a provider or licensing agency
  which makes an inquiry to the department 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 department 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  commission  on quality of care for the mentally disabled,
  the division for  youth,  department  of  education,  office  of  mental
  health, office of mental retardation and developmental disabilities, the
  local social services commissioner or school district placing the child,
  any  law guardian 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.
    10. Whenever the department determines that  there  is  some  credible
  evidence  of  abuse or maltreatment as a result of an investigation of a
  report conducted pursuant to this title or section 45.07 of  the  mental
  hygiene law concerning a child in residential care, the department shall
  notify  the  child's  parent  or guardian and transmit copies of reports
  made pursuant  to  this  title  to  the  director  or  operator  of  the
  residential  facility  or  program  and, as applicable, the local social
  services commissioner or school district placing the child, division for
  youth, department of education, commission on quality of  care  for  the
  mentally disabled, office of mental health, office of mental retardation
  and  developmental  disabilities,  and  any  law  guardian  appointed to
  represent the child whose appointment has been  continued  by  a  family
  court judge during the term of a child's placement.
    11. (a) Reports and records made pursuant to this title, including any
  previous  report concerning a subject of the report, other persons named
  in the report or other pertinent  information,  involving  children  who
  reside  in  residential  facilities or programs enumerated in paragraphs

  (a), (b), (c), (d), (e), (f) and (j) of subdivision four of section four
  hundred twelve-a of this title, shall be transmitted immediately by  the
  statewide central register to the commissioner of the office of children
  and  family  services  who  shall  commence an appropriate investigation
  consistent with the terms and  conditions  set  forth  in  section  four
  hundred twenty-four-c of this title.
    (b)  The  department  shall  establish  standards for the provision of
  training to its employees charged with the investigation of  reports  of
  child  abuse  and  maltreatment  in  residential  care  in  at least the
  following: (a) basic  training  in  the  principles  and  techniques  of
  investigation,  including relationships with other investigative bodies,
  (b) legal issues in child  protection  including  the  legal  rights  of
  children,  employees  and  volunteers,  (c)  methods  of identification,
  remediation,  treatment  and  prevention,  (d)   safety   and   security
  procedures,   and   (e)   the   principles  of  child  development,  the
  characteristics of children in care, and techniques of group  and  child
  management  including crisis intervention. The department shall take all
  reasonable and necessary actions to assure that its employees  are  kept
  apprised  on  a  current basis of all department policies and procedures
  relating to the protection of children from abuse and maltreatment.
    (c) Reports and records made pursuant to  this  title,  including  any
  previous  report concerning a subject of the report, other persons named
  in the report or other pertinent  information,  involving  children  who
  reside  in a residential facility licensed or operated by the offices of
  mental health, mental  retardation  and  developmental  disabilities  or
  alcoholism  and  substance  abuse  services  except  those facilities or
  programs enumerated in paragraph (j) of subdivision four of section four
  hundred twelve-a of this title, shall be transmitted immediately by  the
  statewide  central  register  to  the  commission on quality of care and
  advocacy  for  persons  with  disabilities,  which  shall  commence   an
  appropriate  investigation  in  accordance with the terms and conditions
  set forth in section 45.07 of the mental hygiene law.
    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 department shall refer suspected cases  of  falsely  reporting
  child  abuse  and  maltreatment  in  violation  of  subdivision three of
  section 240.55 of the penal  law  to  the  appropriate  law  enforcement
  agency or district attorney.