The New York State Senate

 
                     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.