S T A T E O F N E W Y O R K
________________________________________________________________________
901--A
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sens. BRISPORT, BAILEY, BROUK, CHU, CLEARE, COMRIE,
COONEY, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACK-
SON, LIU, MYRIE, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS,
WEBB -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Children and Families -- recommitted to the
Committee on Children and Families in accordance with Senate Rule 6,
sec. 8 -- 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
SERVICES INVESTIGATION.
1. UPON RECEIVING A REPORT OF ALLEGED MALTREATMENT OR ABUSE OF A CHILD
PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF THIS TITLE CHILD PROTECTIVE
SERVICES SHALL, AT THE INITIAL POINT OF CONTACT WITH A PARENT OR CARE-
TAKER, ORALLY AND IN WRITING DISSEMINATE, IN PLAIN LANGUAGE OF 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03741-04-4
S. 901--A 2
(A) THE PARENT OR CARETAKER IS NOT REQUIRED TO PERMIT THE CHILD
PROTECTIVE SERVICES REPRESENTATIVE TO ENTER THE RESIDENCE 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;
(C) THE PARENT OR CARETAKER IS NOT REQUIRED TO SPEAK WITH THE CHILD
PROTECTIVE SERVICES REPRESENTATIVE, AND ANY STATEMENT MADE BY THE
PARENT, CARETAKER OR OTHER FAMILY MEMBER MAY BE USED AGAINST THE PARENT
OR CARETAKER IN AN ADMINISTRATIVE OR COURT PROCEEDING;
(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 SERVICES REPRESENTATIVE, INCLUDING AT
ANY MEETING CONDUCTED WITH THE PARENT OR CARETAKER TO DETERMINE WHETHER
THE PARENT OR CARETAKER'S CHILD SHOULD BE REMOVED FROM THE HOME;
(E) THE CHILD PROTECTIVE SERVICES REPRESENTATIVE IS NOT AN ATTORNEY
AND CANNOT PROVIDE LEGAL ADVICE TO THE PARENT OR CARETAKER;
(F) THE PARENT OR CARETAKER IS NOT REQUIRED TO ALLOW A CHILD PROTEC-
TIVE SERVICES REPRESENTATIVE TO INTERVIEW OR EXAMINE A CHILD;
(G) THE PARENT OR CARETAKER IS NOT REQUIRED TO SIGN ANY DOCUMENT OR
ACCEPT ANY SERVICES PRESENTED BY A CHILD PROTECTIVE SERVICES REPRESEN-
TATIVE, AND IS ENTITLED TO HAVE AN ATTORNEY REVIEW ANY SUCH DOCUMENT
BEFORE AGREEING TO SIGN IT;
(H) 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; AND
(I) THE PARENT OR CARETAKER IS ENTITLED TO EXERCISE ANY AND ALL
RIGHTS. REGARDLESS OF WHETHER THE PARENT OR CARETAKER EXERCISES THEIR
RIGHTS, CHILD PROTECTIVE SERVICES IS REQUIRED TO DETERMINE HOW BEST TO
ASSESS THE SAFETY OF THE CHILD OR CHILDREN. THE PARENT OR CARETAKER MAY
WISH TO SPEAK WITH AN ATTORNEY OR ADVOCATE BEFORE THEY DETERMINE HOW TO
PROCEED.
2. THE CHILD PROTECTIVE SERVICES REPRESENTATIVE SHALL MAKE REASONABLE
EFFORTS TO ENSURE THAT THE NOTICE AND ALL INFORMATION REQUIRED TO BE
PROVIDED TO A PARENT OR CARETAKER PURSUANT TO SUBDIVISION ONE OF THIS
SECTION IS WRITTEN IN A MANNER WHICH WILL BE UNDERSTOOD BY THE PARENT OR
GUARDIAN, INCLUDING, BUT NOT LIMITED TO, ENSURING THAT THE NOTICE AND
INFORMATION IS WRITTEN IN THE PREFERRED LANGUAGE OF THE PARENT OR CARE-
TAKER. IN THE EVENT THE PREFERRED LANGUAGE OF THE PARENT OR CARETAKER IS
UNKNOWN PRIOR TO THE INITIAL CONTACT, A CHILD PREVENTIVE SERVICES REPRE-
SENTATIVE MAY PROVIDE THE INFORMATION ORALLY UTILIZING A TRANSLATION
SERVICE.
3. THE CHILD PROTECTIVE SERVICES REPRESENTATIVE SHALL SIGN AND DATE
THE NOTICE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AS EVIDENCE OF
HAVING PROVIDED THE NOTICE AT THE FIRST POINT OF CONTACT. THE CHILD
PROTECTIVE SERVICES REPRESENTATIVE SHALL PROVIDE THE PARENT OR CARETAKER
WITH A COPY OF THE SIGNED NOTICE AT THE TIME.
4. IF AT THE INITIAL POINT OF CONTACT WITH THE PARENT OR CARETAKER THE
CHILD PROTECTIVE SERVICES REPRESENTATIVE 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 REPRESENTATIVE SHALL TAKE ALL LAWFUL MEASURES NECES-
SARY TO PROTECT THE CHILD'S LIFE OR HEALTH PRIOR TO DISSEMINATING INFOR-
MATION REGARDING THE PARENT OR CARETAKER'S RIGHTS DURING THE INVESTI-
GATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
S. 901--A 3
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.