Assembly Bill A4204

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4204
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL, MOSLEY, ENGLEBRIGHT, COOK, MAYER,
   JAFFEE, DAVILA, MONTESANO, COLTON, SALADINO, FINCH --  Multi-Sponsored
   by -- M. of A.  ARROYO, GALEF -- read once and referred to the Commit-
   tee 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".
   § 2. The social services law is amended by adding a new section  384-d
 to read as follows:
   §  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.
              

                                                            LBD04996-01-7

 A. 4204                             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.
   §  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.