Senate Bill S1203

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

                                  1203

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens.  SERRANO,  ESPAILLAT,  HASSELL-THOMPSON,  HOYLMAN,
  KENNEDY, KRUEGER, MONTGOMERY, SANDERS,  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04291-01-5
              

S. 1203                             2

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.
  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.