Matter of Mary L. v. State of N.Y. Dept. of Social Servs

In Matter of Mary L. v. State of N.Y. Dept. of Social Servs. (244 AD2d 133 [3d Dept 1998]), a CPLR article 78 proceeding was brought to challenge the constitutionality of Elisa's Law. The Third Department found that Elisa's Law did not violate substantive due process: maintaining sealed, unfounded reports of child abuse for purposes of subsequent investigations was rationally related to the community interest of improving the safety of children and did not effectuate arbitrary deprivation of liberty. "The principal purpose of these changes was to help child protective workers detect and investigate a 'pattern of abuse' revealed by unfounded reports previously expunged, since an unfounded report merely means that 'some credible evidence of the alleged abuse or maltreatment' has not been found to exist (18 NYCRR 432.1 [f]) and does not always indicate that a child has not been abused." (Id. at 135.)