Assembly Bill A5617

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

                                  5617

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. ERRIGO, McDONOUGH, TOBACCO, FINCH -- Multi-Spon-
  sored by -- M. of A.  BOYLAND,  BUTLER,  CORWIN,  McKEVITT,  SALADINO,
  SPANO -- read once and referred to the Committee on Children and Fami-
  lies

AN  ACT  to  amend  the  family  court act, in relation to the temporary
  removal of a child with consent

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

  Section 1. Section 1021 of the family court act, as amended by section
12  of  part  A  of chapter 3 of the laws of 2005, is amended to read as
follows:
  S 1021. Temporary removal with consent. (A) A  peace  officer,  acting
pursuant  to  his or her special duties, or a police officer or an agent
of a duly authorized agency, association,  society  or  institution  may
temporarily  remove  a  child from the place where he or she is residing
with the written consent of his or her parent or  other  person  legally
responsible  for  his  or  her  care, if the child is suspected to be an
abused or neglected child under this  article  PROVIDED  THAT:  (I)  THE
PARENT  OR  LEGALLY  RESPONSIBLE  PERSON IS INFORMED OF THE RIGHT NOT TO
CONSENT TO REMOVAL; AND (II)  THE  CONSENT  OF  THE  PARENT  OR  LEGALLY
RESPONSIBLE  PERSON  IS  NOT OBTAINED BY COERCION.  The officer or agent
shall, coincident with consent or removal, give written  notice  to  the
parent  or  other person legally responsible for the child's care of the
right to apply to the family court for the return of the child  pursuant
to  section  one thousand twenty-eight of this article, and of the right
to be represented by counsel and the procedures for those who are  indi-
gent  to obtain counsel in proceedings brought pursuant to this article.
Such notice shall also include the name,  title,  organization,  address
and telephone number of the person removing the child; the name, address
and telephone number of the authorized agency to which the child will be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD05819-01-9

              

A. 5617                             2

taken,  if  available;  and  the  telephone  number  of the person to be
contacted for visits with the child.
  (B) A copy of the instrument whereby the parent or legally responsible
person  has  given such consent to such removal shall be appended to the
petition alleging abuse or neglect of the removed child and made a  part
of  the permanent court record of the proceeding. A copy of such instru-
ment and notice of the telephone number of the child  protective  agency
to  contact  to  ascertain the date, time and place of the filing of the
petition and of the hearing that will be held pursuant  to  section  one
thousand  twenty-seven  of  this article shall be given to the parent or
legally responsible person. Unless the child is returned sooner, a peti-
tion shall be filed within three court days from the date of removal. In
such a case, a hearing shall be held no later than the  next  court  day
after  the  petition  is  filed  and  findings shall be made as required
pursuant to section one thousand twenty-seven of this article.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.