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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5484--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 8, 2021
                                       ___________

        Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
          and  when  printed  to  be  committed to the Committee on Children and
          Families -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee

        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.  A parent
     4  or  caretaker  has  the  right  to receive certain information regarding
     5  their rights at the initial point of contact during a  child  protective
     6  investigation.    At the initial point of contact with a parent or care-
     7  taker, child protective services shall orally  and  in  writing  dissem-
     8  inate,  in  the  parent  or  caretaker's preferred language, information
     9  regarding the parent or caretaker's rights during such investigation and
    10  shall document in  the  case  record  that  such  information  has  been
    11  provided to the parent or caretaker. Such information shall include, but
    12  need not be limited to, the following information:
    13    1.  The  parent or caretaker is not required, unless court ordered, to
    14  permit the child protective services representative to enter  the  resi-
    15  dence of the parent or caretaker;
    16    2.  The parent or caretaker who is the subject of the investigation is
    17  entitled to be informed of the allegations being investigated;
    18    3. The parent or caretaker is not required, unless court  ordered,  to
    19  speak  with the child protective services representative, and any state-
    20  ment made by the parent, caretaker or other family member  may  be  used

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10274-03-1
        S. 5484--A                          2

     1  against  the  parent or caretaker in an administrative or court proceed-
     2  ing;
     3    4. The parent or caretaker is entitled to seek the advice of an attor-
     4  ney  and  to  have  an  attorney present when the parent or caretaker is
     5  questioned by a child protective representative;
     6    5. The parent or caretaker is not required, unless court  ordered,  to
     7  allow a child protective services representative to interview or examine
     8  a child;
     9    6.  The  parent or caretaker is not required, unless court ordered, to
    10  agree to any requests made by  a  child  protective  services  represen-
    11  tative,  including,  but  not  limited to, requests to sign a release of
    12  information, to take a drug or alcohol test, or to  submit to  a  mental
    13  health evaluation;
    14    7. Contact information for resources which may be available to parents
    15  and caretakers during a child protective services investigation, includ-
    16  ing legal services from a designated organization.
    17    § 2. This act shall take effect immediately.