Giglio Announces Assembly Passage Of Legislation To Revise CPS Confidentiality Law

Assemblyman Joseph M. Giglio (R,C,I-Gowanda) announced that the state Assembly passed legislation that would make it easier, more efficient and less cumbersome for law enforcement, whether it be a police agency or a District Attorney investigator, to access child protective service records in the cases of a murder or a missing child investigation. In mid-December, in a rural Albany-area town, a 5-year-old boy was murdered by his cousin and left buried in a snow-covered sluice pipe under the road. During the investigation, police agencies were told by the Statewide Child Abuse and Maltreatment Central Register that it would be unable to provide CPS file information due to familial confidentiality reasons. The legislation passed today by the Assembly repeals the medical confidentiality section of law in the case of a missing child investigation, and it clarifies the reports that may be released to law enforcement.

“It’s always saddening when we must pass legislation to correct a deficiency that arose out of such tragic and awful circumstances,” said Assemblyman Giglio. “It is important that we act when necessary, and the Assembly acted swiftly in this case, and I’m proud to have co-sponsored this legislation. I’m hopeful that in the case of a missing child, this revision to the law will make it far easier for law enforcement to access information that may prove to be critical in cracking the case.”

This bill is awaiting passage in the state Senate and will then be sent to the Governor for approval.