The New York State Senate

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

                                  9841

                          I N  A S S E M B L Y

                            February 20, 2020
                               ___________

Introduced  by  M. of A. WRIGHT, COOK, SAYEGH, TAYLOR, GOTTFRIED, SIMON,
  EPSTEIN -- read once and referred to the  Committee  on  Children  and
  Families

AN  ACT to amend the social services law, in relation to requiring child
  protective services to orally disclose certain information to  parents
  and  caretakers  who  are  the  subject of a child protective services
  investigation

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

  Section  1. The social services law is amended by adding a new section
424-c to read as follows:
  § 424-C. DISCLOSURE FORM. AT THE  INITIAL  POINT  OF  CONTACT  WITH  A
PARENT  OR  CARETAKER  WHO IS THE SUBJECT OF A CHILD PROTECTIVE SERVICES
INVESTIGATION, CHILD PROTECTIVE SERVICES  SHALL  ORALLY  DISSEMINATE  IN
PLAIN  LANGUAGE  TO  THE  PARENT  OR CARETAKER INFORMATION REGARDING THE
PARENT OR CARETAKER'S RIGHTS DURING SUCH INVESTIGATION AND  SHALL  DOCU-
MENT  IN  THE CASE RECORD THAT SUCH INFORMATION HAS BEEN PROVIDED TO THE
PARENT OR CARETAKER. SUCH INFORMATION SHALL INCLUDE,  BUT  NEED  NOT  BE
LIMITED TO, THE FOLLOWING INFORMATION:
  1.  THE  PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO
PERMIT THE CHILD PROTECTIVE SERVICES REPRESENTATIVE TO ENTER  THE  RESI-
DENCE OF THE PARENT OR CARETAKER;
  2.  THE  PARENT OR CARETAKER IS ENTITLED TO BE INFORMED OF THE ALLEGA-
TIONS BEING INVESTIGATED;
  3. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT  ORDERED,  TO
SPEAK  WITH THE CHILD PROTECTIVE SERVICES REPRESENTATIVE, AND ANY STATE-
MENT MADE BY THE PARENT, CARETAKER OR OTHER FAMILY MEMBER  MAY  BE  USED
AGAINST  THE  PARENT OR CARETAKER IN AN ADMINISTRATIVE OR COURT PROCEED-
ING;
  4. THE PARENT OR CARETAKER IS ENTITLED TO SEEK THE ADVICE OF AN ATTOR-
NEY AND TO HAVE AN ATTORNEY PRESENT WHEN  THE  PARENT  OR  CARETAKER  IS
QUESTIONED  BY  A  CHILD PROTECTIVE SERVICES OR ADMINISTRATION FOR CHIL-
DREN'S SERVICES REPRESENTATIVE;

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

                                                           LBD14759-01-0

A. 9841                             2

  5. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT  ORDERED,  TO
ALLOW A CHILD PROTECTIVE SERVICES REPRESENTATIVE TO INTERVIEW OR EXAMINE
A CHILD;
  6.  THE  PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO
AGREE TO ANY REQUESTS MADE BY  A  CHILD  PROTECTIVE  SERVICES  REPRESEN-
TATIVE,  INCLUDING,  BUT  NOT  LIMITED TO, REQUESTS TO SIGN A RELEASE OF
INFORMATION OR TO TAKE A DRUG OR ALCOHOL TEST;
  7. CONTACT INFORMATION FOR RESOURCES WHICH MAY BE AVAILABLE TO PARENTS
AND CARETAKERS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION, INCLUD-
ING LEGAL SERVICES FROM A DESIGNATED ORGANIZATION.
  § 2. This act shall take effect immediately.