Assembly Bill A8827

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8827
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT to amend the executive law and the education law, in relation to
   requiring the school of a child who has  their  parent,  guardian,  or
   other  person  legally  charged with the care or custody of such child
   arrested or whose house has been visited by police be informed of such
   arrest or visitation and the school establish procedures to best  help
   such child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 214-i of the executive law, as added by chapter 648
 of the laws of 2024, is amended to read as follows:
   § 214-i. Child-sensitive [arrests]  POLICE  INTERACTIONS.  The  super-
 intendent,  in  consultation  with  the  office  of  children and family
 services and the division of criminal justice services,  shall  develop,
 maintain  and  disseminate to all members of the state police, including
 new and veteran officers, written  policies  and  procedures,  regarding
 child-sensitive [arrest] POLICE INTERACTION practices. Such policies and
 procedures  shall  ensure  the identification and safety of a child less
 than eighteen years old when such child's  parent,  guardian,  or  other
 person  legally  charged  with  the  care  or  custody  of such child is
 arrested OR IS INTERACTING WITH A STATE POLICE OFFICER AT  SUCH  CHILD'S
 HOME. Such policies and procedures shall include, but not be limited to:
   (a)  procedures to ensure that state police officers inquire and docu-
 ment whether an arrestee is  the  parent,  guardian  or  person  legally
 charged with the care or custody of a child;
   (b)  procedures to allow for the arrangement of temporary care for the
 child of an arrested parent, guardian or other  person  legally  charged
 with the care or custody of such child to ensure such child's safety and
 well-being,  which may include allowing the arrested parent, guardian or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06975-02-5
 A. 8827                             2
              

 
 other person legally charged with the care or custody of such  child  to
 place additional phone calls to arrange for child care;
   (c)  education  on  how  witnessing  violence causes emotional harm to
 children and how law enforcement can assist in minimizing the impact  of
 such harm; [and]
   (d)  information  on  the  availability  of  access to community-based
 providers of crisis intervention, child protection and other  supportive
 resources  that  could  aid the child of an arrested parent, guardian or
 other person legally charged with the care or custody of such child[.];
   (E) PROCEDURES TO ENSURE THAT DESIGNATED SCHOOL PERSONNEL ARE INFORMED
 OF THE ARREST OF A PARENT, GUARDIAN OR PERSON LEGALLY CHARGED  WITH  THE
 CARE OR CUSTODY OF A CHILD WHO ATTENDS THE SCHOOL; AND
   (F) PROCEDURES TO ENSURE THAT DESIGNATED SCHOOL PERSONNEL ARE INFORMED
 WHEN  A  STATE  POLICE  OFFICER  VISITS A CHILD WHO ATTENDS THE SCHOOL'S
 HOME.
   § 2. Section 305 of the education law is amended  by  adding  two  new
 subdivisions 63 and 64 to read as follows:
   63. THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT PROVIDE TRAUMA
 SENSITIVE  INTERVENTION TRAINING TO ALL SCHOOL EMPLOYEES.  SUCH TRAINING
 SHALL BE DEVELOPED BY THE COMMISSIONER AND SHALL INCLUDE  PROCEDURES  TO
 ALERT APPROPRIATE SCHOOL STAFF OF A CHILD'S EXPOSURE TO VIOLENCE.
   64.  THE  COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO DESIGNATE
 CERTAIN PERSONNEL TO BE INFORMED OF THE ARREST OF A PARENT, GUARDIAN  OR
 PERSON  LEGALLY  CHARGED WITH THE CARE OR CUSTODY OF A CHILD WHO ATTENDS
 THE SCHOOL AND WHEN A STATE POLICE OFFICER VISITS A  CHILD  WHO  ATTENDS
 THE  SCHOOL'S  HOME.  UPON  A  SCHOOL  DISTRICT BEING MADE AWARE OF SUCH
 ARREST OR SUCH VISITATION, THE TEACHERS AND  COUNSELORS  OF  SUCH  CHILD
 SHALL  BE  MADE  AWARE OF THE ARREST OR VISITATION AND SHALL OBSERVE THE
 CHILD FOR BEHAVIORAL AND ACADEMIC CHANGES USING TRAUMA SENSITIVE  INTER-
 VENTIONS  WHERE  APPROPRIATE.    WHERE  A TEACHER NOTICES CHANGES IN THE
 CHILD'S BEHAVIOR OR ACADEMIC PERFORMANCE, THEY SHALL REFER  THE  STUDENT
 TO  THE  SCHOOL'S COUNSELOR WHO SHALL ASSESS THE CHILD'S NEEDS TO DETER-
 MINE IF COUNSELING/SERVICES ARE NEEDED AND MAKE A RECOMMENDATION TO  THE
 CHILD'S  PARENT,  GUARDIAN  OR  PERSON  LEGALLY CHARGED WITH THE CARE OR
 CUSTODY OF A CHILD.
   § 3. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law; provided, however, that if
 chapter 648 of the laws of 2024 shall not have taken effect on or before
 such  date  then  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2024 takes effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.