Assembly Bill A1234

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1234
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A. WALKER, COOK, SAYEGH, TAYLOR, SIMON, EPSTEIN,
   JACKSON, CRUZ, ROSENTHAL, ANDERSON, GIBBS, MEEKS, DE LOS SANTOS, HEVE-
   SI, SEPTIMO, FORREST, GONZALEZ-ROJAS, ALVAREZ, LUNSFORD, LUCAS, REYES,
   DAVILA, STECK, CUNNINGHAM, MITAYNES, CHANDLER-WATERMAN, TAPIA,  MAMDA-
   NI,  SHRESTHA,  BRABENEC,  RAGA, ZINERMAN -- read once and referred 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.  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:
   (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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00066-01-5
 A. 1234                             2
 
 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.
   § 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.