Senate Bill S7553A

2019-2020 Legislative Session

Requires child protective services to orally and in writing 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 Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2019-S7553 - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §424-c, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5484
2023-2024: S901

2019-S7553 - Summary

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

2019-S7553 - Sponsor Memo

2019-S7553 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7553
 
                             I N  S E N A T E
 
                             January 24, 2020
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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  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
              

2019-S7553A (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §424-c, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5484
2023-2024: S901

2019-S7553A (ACTIVE) - Summary

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

2019-S7553A (ACTIVE) - Sponsor Memo

2019-S7553A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7553--A
 
                             I N  S E N A T E
 
                             January 24, 2020
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT to amend the social services law, in relation to requiring child
   protective services to disclose certain  information  to  parents  and
   caretakers who are the subject of a child protective services investi-
   gation
 
   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.  INFORMATION REGARDING PARENT OR CARETAKER'S RIGHTS.  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 AND IN WRITING DISSEMINATE IN PLAIN LANGUAGE TO THE  PARENT
 OR  CARETAKER  INFORMATION  REGARDING  THE  PARENT OR CARETAKER'S RIGHTS
 DURING SUCH INVESTIGATION AND SHALL DOCUMENT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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