senate Bill S6506

2013-2014 Legislative Session

Requires the reporting and monitoring of a minor whose parent, legal guardian or care-giver of a minor is arrested or taken into custody

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 31, 2014 referred to children and families

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S6506 - Bill Details

See Assembly Version of this Bill:
A8716
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §384-d, Soc Serv L

S6506 - Bill Texts

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Requires 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 such minor.

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BILL NUMBER:S6506

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
require speedy notification by an arresting authority to the local
social service agency in instances where the primary care-giver of a
minor has been arrested or taken into custody.

SUMMARY OF SPECIFIC PROVISIONS:

Section one cites this act to be known as "Myls' Law".

Section two adds a new section 384-d to the social services law.

Section three sets forth the effective date.

JUSTIFICATION: After his father was arrested, Myls Dobson, age 4, was
left to live with a person, referred to in the police and news reports
as the father's girlfriend, who is charged with first degree assault and
reckless endangerment and murdering Myls.

Unfortunately, this tragic event happened due to a dangerous loophole in
New York State law that does not require the arresting authority to
notify the local social service agency when a person who is the primary
care-giver or legal guardian of a minor child is arrested or taken into
custody.

"Myls' Law" would require immediate notification by law enforcement
officials statewide to local social service agencies when the primary
care-giver or legal guardian of a minor child is arrested or otherwise
taken into police custody. In addition, this bill would empower local
social service agencies to ascertain the appropriateness of the place-
ment of the minor.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
shall have become a law.

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

                                  6506

                            I N  S E N A T E

                            January 31, 2014
                               ___________

Introduced  by  Sens.  SERRANO,  ESPAILLAT,  HASSELL-THOMPSON,  HOYLMAN,
  KENNEDY, KRUEGER,  MONTGOMERY,  SMITH,  STAVISKY  --  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  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
ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER AND CONFIRM THAT THE MINOR
IS WITH SUCH PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13536-03-4

S. 6506                             2

  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.

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