S T A T E O F N E W Y O R K
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8753
I N S E N A T E
March 7, 2024
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Introduced by Sen. PALUMBO -- 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 authorizing
school officials to temporarily retain custody of a suspected abused
or maltreated child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 417 of the social services law is amended by adding
a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SCHOOL ADMINISTRA-
TOR MAY, WHERE SUCH PERSON HAS REASONABLE CAUSE TO BELIEVE THAT THE
CIRCUMSTANCES OR CONDITIONS OF THE CHILD ARE SUCH THAT CONTINUING IN THE
CHILD'S PLACE OF RESIDENCE OR IN THE CARE AND CUSTODY OF THE PARENT,
GUARDIAN, CUSTODIAN OR OTHER PERSON RESPONSIBLE FOR THE CHILD'S CARE
PRESENTS AN IMMINENT DANGER TO THE CHILD'S LIFE OR HEALTH, TAKE ALL
NECESSARY MEASURES TO PROTECT THE CHILD INCLUDING, WHERE APPROPRIATE,
RETAINING CUSTODY OF A SUSPECTED ABUSED OR MALTREATED CHILD AT THE
SCHOOL OR AN APPROPRIATE EDUCATIONAL FACILITY, UNTIL A LAW ENFORCEMENT
OFFICER OR A CHILD PROTECTION SERVICE OFFICIAL TAKES CUSTODY OF THE
CHILD OR MAKES AN INITIAL DETERMINATION THAT THE CHILD MAY SAFELY BE
RETURNED TO THE CUSTODY OF THE PARENT, GUARDIAN, CUSTODIAN OR OTHER
PERSON RESPONSIBLE FOR THE CHILD'S CARE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14814-01-4