Allows a person a second hearing to seal their child protective services records

2025 Regular Session Introduced by Jabari Brisport

Allows a second hearing to seal CPS records after at least two years, if good cause is shown and no maltreatment in past two years.

PRINT NUMBER 9421A

Summary of Bill S. 9421-A (2025-2026) – New York

Purpose and intent

S. 9421-A allows individuals who previously had their child protective services (CPS) records assessed and sealed to request a second hearing to seek sealing of those records again, provided they meet certain conditions. The bill aims to give offenders a renewed opportunity to pursue sealing after a defined waiting period, potentially reducing long-term stigma and barriers to employment, housing, and other opportunities.

Key provisions and changes

Adds a new provision to the Social Services Law, allowing a second hearing for sealing CPS records.

Eligibility timing: A subject may request a second hearing no sooner than two years after the date of the first hearing.

Good cause standard: The subject must demonstrate “good cause” to the Office of Children and Family Services (OCFS). Examples of good cause include:

Completion of services such as drug or alcohol treatment programs.
Participation in parenting skills classes, anger management programs, regular mental health services.
Participation in any service, program, therapy, activity, or intervention addressing the substantiated finding(s).

Evidence requirement: There must be no evidence that the subject has maltreated a child in the preceding two years.

OCFS duties:

Notify the subject in writing within 30 days of receipt of the request, including the outcome and the rationale for granting or denying the second hearing.
If good cause is found and the second hearing is granted, schedule the hearing within 90 days.

If the second hearing request is denied, the subject may request a subsequent (third) hearing, implying an ongoing process for reconsideration.

Effective date: Immediate.

Who would be affected

Individuals who have had CPS findings or records and previously undergone a hearing related to sealing those records.

Postsecondary students, job applicants, landlords, and others who rely on background information may be affected indirectly through changes in the availability of sealed records.

OCFS and related child welfare agencies would administer the new process, including determinations of “good cause,” timing of hearings, and written communications.

Procedural and timeline considerations

Two-year waiting period between first and potential second hearings.

Written notice within 30 days of request, with explicit rationale.

If granted, second hearing must occur within 90 days of determination.

If denied for lack of good cause, the applicant may pursue a subsequent hearing.

Immediate effective date upon enactment.

Potential impact

Expands opportunities for individuals with past CPS findings to obtain sealing of records, contingent on demonstrated rehabilitation and absence of recent maltreatment.

Encourages engagement in rehabilitative services by providing a renewed pathway to sealing.

Adds procedural clarity and timelines to OCFS processes, potentially improving consistency in decisions and communications.

Note: This summary reflects the bill as introduced and amended, focusing on substantive changes to the sealing of CPS records and the role of OCFS in the process.