S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8716

                          I N  A S S E M B L Y

                            February 4, 2014
                               ___________

Introduced  by  M. of A. ROSENTHAL, SCHIMEL, ROSA, BROOK-KRASNY, JACOBS,
  MOSLEY, CAMARA, ENGLEBRIGHT, COOK, MAYER, JAFFEE,  DAVILA,  MONTESANO,
  COLTON  --  Multi-Sponsored  by  --  M.  of A. ARROYO, CERETTO, GALEF,
  GARBARINO, HIKIND, McDONOUGH, PEOPLES-STOKES, RIVERA, SWEENEY, WEISEN-
  BERG -- read once and referred to the Committee on Children and  Fami-
  lies

AN  ACT  to  amend  the social services law, in relation to requiring an
  arresting authority to notify the local social services district  when
  the  parent,  legal  guardian  or care-giver of a minor is arrested or
  taken into custody; requires the local  social  services  district  to
  monitor the placement of the minor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Myls' law".
  S 2. The social services law is amended by adding a new section  384-d
to read as follows:
  S  384-D.  CARE AND CUSTODY OF CHILDREN IN THE EVENT OF A CARE-GIVER'S
ARREST. 1.  AS USED IN THIS SECTION, "ARRESTING AUTHORITY" REFERS TO ALL
POLICE AGENCIES IN THE STATE, INCLUDING BUT NOT LIMITED TO ALL STATE AND
MUNICIPAL POLICE AGENCIES AND ALL PEACE OFFICERS AS DEFINED  IN  SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW.
  2.   IN THE EVENT THAT A PERSON IS ARRESTED OR TAKEN INTO CUSTODY, THE
ARRESTING AUTHORITY SHALL INQUIRE WHETHER SUCH PERSON IS A PARENT, LEGAL
GUARDIAN OR CARE-GIVER OF A MINOR, AND THE ARRESTING AUTHORITY SHALL:
  (A) ASCERTAIN THE LOCATION OF THE MINOR AND THE IDENTITY OF ANY PERSON
TO WHOM THE PARENT, LEGAL GUARDIAN OR CARE-GIVER HAS ENTRUSTED THE  CARE
OF THE MINOR; AND
  (B)  AS SOON AS PRACTICABLE, NOTIFY THE LOCAL SOCIAL SERVICES DISTRICT
OF THE LOCATION OF THE MINOR AND THE IDENTITY OF  THE  PERSON  ENTRUSTED
WITH THE CARE OF THE MINOR.
  3. UPON RECEIVING NOTIFICATION FROM AN ARRESTING AUTHORITY PURSUANT TO
THE  PROVISIONS  OF  SUBDIVISION  TWO  OF THIS SECTION, THE LOCAL SOCIAL
SERVICES DISTRICT SHALL PROMPTLY CONFIRM  THE  LOCATION  OF  THE  MINOR;
CONTACT  THE  PERSON TO WHOM CARE OF THE MINOR HAS BEEN ENTRUSTED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13536-03-4

A. 8716                             2

ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER AND CONFIRM THAT THE MINOR
IS WITH SUCH PERSON.
  4.  (A)  WITHIN  TWENTY-FOUR  HOURS  OF NOTIFICATION, THE LOCAL SOCIAL
SERVICES DISTRICT SHALL:
  (1) COMMENCE AN INVESTIGATION INTO THE APPROPRIATENESS OF  THE  PLACE-
MENT  BY  THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER OF THE MINOR
WITH THE PERSON TO WHOM THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIV-
ER HAS ENTRUSTED THE CARE OF THE MINOR;
  (2)(I) COMMENCE A SEARCH TO LOCATE ANY NON-RESPONDENT  PARENT  OF  THE
CHILD  OR OTHER RELATIVES OF THE MINOR, INCLUDING BUT NOT LIMITED TO ALL
OF THE MINOR'S GRANDPARENTS, AND ALL RELATIVES  IDENTIFIED  BY  A  MINOR
OVER THE AGE OF FIVE AS A RELATIVE WHO PLAYS OR HAS PLAYED A SIGNIFICANT
POSITIVE  ROLE IN HIS OR HER LIFE, AND TO INFORM THEM OF THE OPPORTUNITY
TO SEEK TEMPORARY CUSTODY OR CARE  OF  THE  MINOR;  AND  (II)  DETERMINE
WHETHER  THE  MINOR  MAY  APPROPRIATELY BE PLACED WITH A SUITABLE PERSON
RELATED TO THE MINOR AND WHETHER SUCH RELATIVE IS WILLING  TO  CARE  FOR
SUCH MINOR AND CAN PROVIDE APPROPRIATE CARE FOR THE MINOR; AND
  (3)  DETERMINE  THE  LOCATION  OF  ANY  MINOR SIBLINGS, HALF-SIBLINGS,
STEP-SIBLINGS, FOSTER-SIBLINGS, OR NON-BLOOD  RELATED  SIBLINGS  OF  THE
MINOR.
  (B)  PROVIDED,  HOWEVER,  THAT  IF  THE LOCAL SOCIAL SERVICES DISTRICT
FINDS THAT THE MINOR IS IN THE CARE OF A CUSTODIAL PARENT OR LEGAL GUAR-
DIAN, NOT IN CUSTODY,  THE  INVESTIGATIONS  REQUIRED  PURSUANT  TO  THIS
SECTION SHALL CEASE.
  5. THE LOCAL SOCIAL SERVICES DISTRICT SHALL MAKE A DETERMINATION AS TO
THE  APPROPRIATENESS  OF THE PLACEMENT OF THE MINOR BY THE PARENT, LEGAL
GUARDIAN OR CARE-GIVER THAT WAS ARRESTED OR TAKEN INTO  CUSTODY,  WITHIN
TWENTY-FOUR  HOURS  OF  NOTIFICATION BY THE ARRESTING AUTHORITY.  IN THE
EVENT THAT THE PLACEMENT IS FOUND BY THE LOCAL SOCIAL SERVICES  DISTRICT
TO  BE  CONTRARY  TO THE MINOR'S HEALTH, SAFETY OR WELFARE, OR OTHERWISE
NOT IN THE BEST INTERESTS  OF  THE  MINOR,  THE  LOCAL  SOCIAL  SERVICES
DISTRICT  SHALL IMMEDIATELY PROVIDE OR ARRANGE FOR THE PROVISION OF CARE
FOR SUCH MINOR.
  6. THE LOCAL SOCIAL SERVICES DISTRICT  SHALL  REMAIN  RESPONSIBLE  FOR
MONITORING  THE  WELFARE  OF ANY MINOR SUBJECT TO THE PROVISIONS OF THIS
SECTION UNTIL THE LOCAL SOCIAL SERVICES DISTRICT  RECEIVES  NOTIFICATION
FROM THE PARENT, LEGAL GUARDIAN OR CARE-GIVER THAT HE OR SHE IS NO LONG-
ER  UNDER  ARREST  OR  IN CUSTODY AND THAT THE PARENT, LEGAL GUARDIAN OR
CARE-GIVER REQUESTS THE IMMEDIATE RETURN OF THE MINOR. UPON  RECEIPT  OF
SUCH  NOTIFICATION, THE LOCAL SOCIAL SERVICES DISTRICT SHALL RETURN SUCH
MINOR TO THE PARENT, LEGAL GUARDIAN OR CARE-GIVER AS SOON AS PRACTICABLE
BUT NO LATER THAN TEN DAYS OF RECEIVING  NOTIFICATION,  EXCEPT  WHERE  A
CONTRARY COURT ORDER HAS BEEN ISSUED PURSUANT TO PART TWO, FIVE OR SEVEN
OF ARTICLE TEN OF THE FAMILY COURT ACT.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on its effective date are authorized to be made and completed
on or before such effective date.