NY State Senate Bill 2019-S7553

Senate Bill S7553

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 19, 2020	print number 7553a
Feb 19, 2020	amend (t) and recommit to children and families
Jan 24, 2020	referred to children and families

Bill Amendments

Original

A (Active)

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

                                
 
BILL NUMBER: S7553

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

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 inves-
tigation

 
PURPOSE:

The purpose of this bill is to provide parents who are the subject of a
child protective service investigation with the ability to have their
rights communicated to them at the inception of said investigation.

 
SUMMARY OF PROVISIONS:

  Section one adds a new section to the social services law to require a
child  protective  services  investigator  to  orally read parents their
rights as it relates to the investigation.

 
JUSTIFICATION:

While CPS  has  evolved  in  order  to  ensure  that  child  rights  are
protected, there has been criticism of the system terming it as anti-fa-
mily  and not having the requisite checks and balances to ensure that it
runs correctly. At the crux of the  problem  lie  the  parents  who  are
unaware of their rights when faced with CPS. Though unconstitutional and
an  unforgivable  offense,  complaints of child abuse and neglect may at
times be acted upon by CPS in a manner that may be termed unjust to  the
parents. This is what has led to many court cases, which have challenged
such  authority  and  actions.  It is a myth that parents have no rights
where CPS is concerned and that  parents  are  abusive  if  there  is  a
complaint.  Because  of  this  very  traumatic process and the terror it
invokes, parents may feel compelled to do or say things that are counter
intuitive to making it through a CPS investigation unscathed. It is  not
guaranteed  that every parent who happens to be the subject of an inves-
tigation has the knowledge of his or her rights. Providing parents  with
this  "Parental  Bill  of  Rights" ensures that every parent is equipped
with the knowledge of their rights and help to perpetuate the justice of
our child welfare system.

 
LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

 S. 7553                             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.

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

2019-S7553A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7553A

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring child
protective services to disclose certain information to parents and care-
takers who are the subject of a child protective services investigation

 
PURPOSE:

The purpose of this bill is to provide parents who are the subject of a
child protective service investigation with the ability to have their
rights communicated to them at the inception of said investigation.

 
SUMMARY OF PROVISIONS:

Section one adds a new section to the social services law to require a
child protective services investigator to orally read parents their
rights as it relates to the investigation.

 
JUSTIFICATION:

While CPS has evolved in order to ensure that child rights are
protected, there has been criticism of the system terming it as anti-fa-
mily and not having the requisite checks and balances to ensure that it
runs correctly. At the crux of the problem lie the parents who are
unaware of their rights when faced with CPS. Though unconstitutional and
an unforgivable offense, complaints of child abuse and neglect may at
times be acted upon by CPS in a manner that may be termed unjust to the
parents. This is what has led to many court cases, which have challenged
such authority and actions. It is a myth that parents have no rights
where CPS is concerned and that parents are abusive if there is a
complaint. Because of this very traumatic process and the terror it
invokes, parents may feel compelled to do or say things that are counter
intuitive to making it through a CPS investigation unscathed. It is not
guaranteed that every parent who happens to be the subject of an inves-
tigation has the knowledge of his or her rights. Providing parents with
this "Parental Bill of Rights" ensures that every parent is equipped
with the knowledge of their rights and help to perpetuate the justice of
our child welfare system.

 
LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.