assembly Bill A9841

2019-2020 Legislative Session

Requires child protective services to orally disclose certain information to parents and caretakers who are the subject of a child protective services investigation

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 20, 2020 referred to children and families

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A9841 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §424-c, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
A6792

A9841 (ACTIVE) - Summary

Requires child protective services to orally disclose certain information to parents and caretakers who are the subject of a child protective services investigation and requires such oral disclosure to contain certain information regarding the rights of the person under investigation.

A9841 (ACTIVE) - Bill Text download pdf


                    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.