Senate Bill S8753

2023-2024 Legislative Session

Relates to authorizing school officials to temporarily retain custody of a suspected abused or maltreated child

download bill text pdf

Sponsored By

Current 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

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2023-S8753 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §417, Soc Serv L

2023-S8753 (ACTIVE) - Summary

Authorizes school officials to temporarily retain custody of a suspected abused or maltreated child until a police or child protective services official arrives to determine whether it is safe to return the child to the parent or guardian.

2023-S8753 (ACTIVE) - Sponsor Memo

2023-S8753 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8753
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 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



              

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