Bill Text: NY S05484 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires child protective services to orally and in writing disclose certain information to parents and caretakers who are the subject of a child protective services investigation; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2022-04-28 - PRINT NUMBER 5484B [S05484 Detail]

Download: New_York-2021-S05484-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5484

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 8, 2021
                                       ___________

        Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the social services law, in relation to requiring  child
          protective  services  to  disclose  certain information to parents and
          caretakers who are the subject of a child protective services investi-
          gation

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The social services law is amended by adding a new section
     2  424-c to read as follows:
     3    § 424-c. Information regarding parent or caretaker's rights.   At  the
     4  initial  point  of contact with a parent or caretaker who is the subject
     5  of a child protective services investigation, child protective  services
     6  shall  orally and in writing disseminate in plain language to the parent
     7  or caretaker information regarding  the  parent  or  caretaker's  rights
     8  during  such  investigation  and  shall document in the case record that
     9  such information has been provided to  the  parent  or  caretaker.  Such
    10  information  shall  include,  but  need not be limited to, the following
    11  information:
    12    1. The parent or caretaker is not required, unless court  ordered,  to
    13  permit  the  child protective services representative to enter the resi-
    14  dence of the parent or caretaker;
    15    2. The parent or caretaker is entitled to be informed of  the  allega-
    16  tions being investigated;
    17    3.  The  parent or caretaker is not required, unless court ordered, to
    18  speak with the child protective services representative, and any  state-
    19  ment  made  by  the parent, caretaker or other family member may be used
    20  against the parent or caretaker in an administrative or  court  proceed-
    21  ing;
    22    4. The parent or caretaker is entitled to seek the advice of an attor-
    23  ney  and  to  have  an  attorney present when the parent or caretaker is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10274-02-1
        S. 5484                             2

     1  questioned by a child protective services or  administration  for  chil-
     2  dren's services representative;
     3    5.  The  parent or caretaker is not required, unless court ordered, to
     4  allow a child protective services representative to interview or examine
     5  a child;
     6    6. The parent or caretaker is not required, unless court  ordered,  to
     7  agree  to  any  requests  made  by a child protective services represen-
     8  tative, including, but not limited to, requests to  sign  a  release  of
     9  information,  to  take a drug or alcohol test, or to  submit to a mental
    10  health evaluation;
    11    7. Contact information for resources which may be available to parents
    12  and caretakers during a child protective services investigation, includ-
    13  ing legal services from a designated organization.
    14    § 2. This act shall take effect immediately.