S T A T E O F N E W Y O R K
________________________________________________________________________
6792--A
2021-2022 Regular Sessions
I N A S S E M B L Y
April 8, 2021
___________
Introduced by M. of A. WALKER, COOK, SAYEGH, TAYLOR, GOTTFRIED, SIMON,
EPSTEIN, JACKSON, CRUZ, BURGOS, JEAN-PIERRE, QUART -- read once and
referred to the Committee on Children and Families -- recommitted to
the Committee on Children and Families in accordance with Assembly
Rule 3, sec. 2 -- 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. A PARENT
OR CARETAKER HAS THE RIGHT TO RECEIVE CERTAIN INFORMATION REGARDING
THEIR RIGHTS AT THE INITIAL POINT OF CONTACT DURING A CHILD PROTECTIVE
INVESTIGATION.
1. AT THE INITIAL POINT OF CONTACT WITH A PARENT OR CARETAKER, CHILD
PROTECTIVE SERVICES SHALL ORALLY AND IN WRITING DISSEMINATE, IN THE
PARENT OR CARETAKER'S PREFERRED LANGUAGE, 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:
(A) 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;
(B) THE PARENT OR CARETAKER WHO IS THE SUBJECT OF THE INVESTIGATION IS
ENTITLED TO BE INFORMED OF THE ALLEGATIONS BEING INVESTIGATED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10274-07-2
A. 6792--A 2
(C) 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;
(D) THE PARENT OR CARETAKER IS ENTITLED TO SEEK THE ADVICE OF AN
ATTORNEY AND TO HAVE AN ATTORNEY PRESENT WHEN THE PARENT OR CARETAKER IS
QUESTIONED BY A CHILD PROTECTIVE REPRESENTATIVE;
(E) THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO
ALLOW A CHILD PROTECTIVE SERVICES REPRESENTATIVE TO INTERVIEW OR EXAMINE
A CHILD;
(F) 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;
(G) CONTACT INFORMATION FOR RESOURCES WHICH MAY BE AVAILABLE TO
PARENTS AND CARETAKERS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION,
INCLUDING LEGAL SERVICES FROM A DESIGNATED ORGANIZATION.
2. IF AT THE INITIAL POINT OF CONTACT WITH THE PARENT OR CARETAKER THE
CHILD PROTECTIVE SERVICES WORKER HAS REASONABLE CAUSE TO BELIEVE THAT
EXIGENT CIRCUMSTANCES EXIST THAT PRESENT AN IMMINENT DANGER TO THE
CHILD'S LIFE OR HEALTH AND THERE IS NO TIME TO SEEK A COURT ORDER UNDER
SECTION ONE THOUSAND TWENTY-FOUR OF THE FAMILY COURT ACT, THE CHILD
PROTECTIVE SERVICES WORKER SHALL TAKE ALL LAWFUL MEASURES NECESSARY TO
PROTECT THE CHILD'S LIFE OR HEALTH PRIOR TO DISSEMINATING INFORMATION
REGARDING THE PARENT OR CARETAKER'S RIGHTS DURING THE INVESTIGATION
PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
§ 2. This act shall take effect immediately.