senate Bill S5484

2021-2022 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

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2021 print number 5484a
Mar 23, 2021 amend and recommit to children and families
Mar 08, 2021 referred to children and families

Co-Sponsors

S5484 - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §424-c, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:
S7553

S5484 - 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; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.

S5484 - Sponsor Memo

S5484 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5484
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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  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.

Co-Sponsors

S5484A (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §424-c, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:
S7553

S5484A (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; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.

S5484A (ACTIVE) - Sponsor Memo

S5484A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5484--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced by Sens. BRISPORT, SALAZAR -- 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.  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.    AT THE INITIAL POINT OF CONTACT WITH A PARENT OR CARE-
 TAKER, CHILD PROTECTIVE SERVICES SHALL ORALLY  AND  IN  WRITING  DISSEM-
 INATE,  IN  THE  PARENT  OR  CARETAKER'S PREFERRED LANGUAGE, 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 WHO IS THE SUBJECT OF THE INVESTIGATION IS
 ENTITLED TO BE INFORMED OF THE ALLEGATIONS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10274-03-1

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