Senate Bill S7553A

                            
 
                     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.
              

                                                            LBD14759-02-0

 S. 7553--A                          2
 
 QUESTIONED  BY  A  CHILD PROTECTIVE SERVICES OR ADMINISTRATION FOR CHIL-
 DREN'S SERVICES REPRESENTATIVE;
   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,  TO  TAKE A DRUG OR ALCOHOL TEST, OR TO  SUBMIT TO A MENTAL
 HEALTH EVALUATION;
   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.