N.Y. Comp. Codes R. & Regs. tit. 18 § 432.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 432.9 - Disposition of unfounded reports

(a) Upon determining that a report is "unfounded," the local district shall notify the State Central Register, in such form as shall be required by OCFS.

(b) The State Central Register will inform the subject(s) and other persons named in the report, except children under the age of 18 years at the time of the notification, that the report was unfounded and the records of the report were sealed, or were expunged if the report had been received by the State Central Register of Child Abuse and Maltreatment prior to February 12, 1996.

(c) Upon written notice from the State Central Register that the records of the unfounded report were sealed in or expunged from the State Central Register:

(1) The local district must immediately seal the child protective services case record in which the report has been maintained; except that, if the report had been received by the State Central Register prior to February 12, 1996, the social services district must immediately expunge the report and all identifying information relating to the report from the local register of child abuse and maltreatment and any other locally maintained child protective services case record.

(2) The social services district must update any other record, including the uniform case record, which it has maintained that makes reference to the report to state that the report was determined to be unfounded and to legally seal such report pursuant to subdivision 5 of section 422 of the Social Services Law. The social services district must inform any agency or person to which it has provided information concerning the report to update its record for the same purpose. However, if the report had been received by the State Central Register prior to February 12, 1996, other agencies or units must be asked to expunge from any other record, including the uniform case record reports received from the social services district.

(d) The State Central Register may review any or all unfounded determinations made by a local district and affirm any such determination or give notice to the district as to the reasons why its determination of "unfounded" is not affirmed. When reviewing an unfounded determination, the State Central Register may request additional information from the district to support the determination.

(e) Upon notice from the State Central Register that additional information is required to support an unfounded determination, the local child protective services unit shall immediately provide the required information.

(f) Upon written notice from the State Central Register that the report should be "indicated," the district shall comply with the requirements of section 432.3(k) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 432.9

Amended, New York State Register October 22, 2014/Volume XXXVI, Issue 42, eff.10/22/2014