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A01980 Summary:

BILL NOA01980
 
SAME ASSAME AS S00901
 
SPONSORWalker
 
COSPNSRCook, Sayegh, Taylor, Simon, Epstein, Jackson, Cruz, Burgos, Jean-Pierre, Dickens, Rosenthal L
 
MLTSPNSR
 
Add §424-c, Soc Serv L
 
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.
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A01980 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1980
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M.  of  A. WALKER, COOK, SAYEGH, TAYLOR, SIMON, EPSTEIN,
          JACKSON, CRUZ, BURGOS, JEAN-PIERRE, DICKENS, L. ROSENTHAL -- read once
          and referred 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.  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.
     7    1. At the initial point of contact with a parent or  caretaker,  child
     8  protective  services  shall  orally  and  in writing disseminate, in the
     9  parent or caretaker's  preferred  language,  information  regarding  the
    10  parent  or  caretaker's rights during such investigation and shall docu-
    11  ment in the case record that such information has been provided  to  the
    12  parent  or  caretaker.  Such  information shall include, but need not be
    13  limited to, the following information:
    14    (a) The parent or caretaker is not required, unless court ordered,  to
    15  permit  the  child protective services representative to enter the resi-
    16  dence of the parent or caretaker;
    17    (b) The parent or caretaker who is the subject of the investigation is
    18  entitled to be informed of the allegations being investigated;
    19    (c) The parent or caretaker is not required, unless court ordered,  to
    20  speak  with the child protective services representative, and any state-
    21  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.
                                                                   LBD03741-01-3

        A. 1980                             2
 
     1  against  the  parent or caretaker in an administrative or court proceed-
     2  ing;
     3    (d)  The  parent  or  caretaker  is  entitled to seek the advice of an
     4  attorney and to have an attorney present when the parent or caretaker is
     5  questioned by a child protective representative;
     6    (e) 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    (f)  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    (g)  Contact  information  for  resources  which  may  be available to
    15  parents and caretakers during a child protective services investigation,
    16  including legal services from a designated organization.
    17    2. If at the initial point of contact with the parent or caretaker the
    18  child protective services worker has reasonable cause  to  believe  that
    19  exigent  circumstances  exist  that  present  an  imminent danger to the
    20  child's life or health and there is no time to seek a court order  under
    21  section  one  thousand  twenty-four  of  the family court act, the child
    22  protective services worker shall take all lawful measures  necessary  to
    23  protect  the  child's  life or health prior to disseminating information
    24  regarding the parent or  caretaker's  rights  during  the  investigation
    25  pursuant to subdivision one of this section.
    26    § 2. This act shall take effect immediately.
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