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Requires child protective services to orally and in writing disclose certain information to parents and caretakers who are the subject of a child protective services investigation
(D, WF) 25th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Apr 28, 2022 | print number 5484b |
| Apr 28, 2022 | amend and recommit to children and families |
| Jan 05, 2022 | referred to children and families |
| Mar 23, 2021 | print number 5484a |
| Mar 23, 2021 | amend and recommit to children and families |
| Mar 08, 2021 | referred to children and families |
(D, WF) 18th Senate District
See Assembly Version of this Bill: A6792 Current Committee: Senate Children And Families Law Section: Social Services Law Laws Affected: Add §424-c, Soc Serv L Versions Introduced in Other Legislative Sessions: 2019-2020: S7553, A9841
2023-2024: S901, A1980
Requires child protective services to orally and in writing disclose certain information to parents and caretakers who are the subject of a child protective services investigation; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.
BILL NUMBER: S5484 REVISED 03/15/2021 SPONSOR: BRISPORT TITLE OF BILL: An act to amend the social services law, in relation to requiring child protective services to disclose certain information to parents and care- takers who are the subject of a child protective services investigation SUMMARY OF PROVISIONS: Section one adds a new section to the social services law to require a child protective services investigator to orally read parents their rights as it relates to the investigation. JUSTIFICATION: While CPS has evolved in order to ensure that child rights are protected, there has been criticism of the system as not having the requisite checks and balances to ensure that it runs correctly. At the crux of the problem lie the parents who are often unaware of their
rights when faced with CPS. Complaints of child abuse and neglect may at times be acted upon by CPS in a manner that is unjust to the parents. This has led to many court cases, which have challenged such authority and actions. It is a myth that parents have no rights where CPS is concerned and that parents are abusive if there is a complaint. Because of this very traumatic process and the terror it invokes, parents may feel compelled to do or say things that they would not otherwise do. It is not guaranteed that every parent who happens to be the subject of an investigation has the knowledge of his or her rights, and this can lead to unjust results. Providing parents with a plain-language "Parental Bill of Rights" ensures that every parent is equipped with the knowledge of their rights, and will also ensure the justice of our child welfare system. PRIOR LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5484 2021-2022 Regular Sessions I N S E N A T E March 8, 2021 ___________ Introduced by Sen. BRISPORT -- 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 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. AT THE INITIAL POINT OF CONTACT WITH A PARENT OR CARETAKER WHO IS THE SUBJECT OF A CHILD PROTECTIVE SERVICES INVESTIGATION, CHILD PROTECTIVE SERVICES SHALL ORALLY AND IN WRITING DISSEMINATE IN PLAIN LANGUAGE TO THE PARENT OR CARETAKER INFORMATION REGARDING THE PARENT OR CARETAKER'S RIGHTS DURING SUCH INVESTIGATION AND SHALL DOCUMENT 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: 1. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO PERMIT THE CHILD PROTECTIVE SERVICES REPRESENTATIVE TO ENTER THE RESI- DENCE OF THE PARENT OR CARETAKER; 2. THE PARENT OR CARETAKER IS ENTITLED TO BE INFORMED OF THE ALLEGA- TIONS BEING INVESTIGATED; 3. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO SPEAK WITH THE CHILD PROTECTIVE SERVICES REPRESENTATIVE, AND ANY STATE- MENT MADE BY THE PARENT, CARETAKER OR OTHER FAMILY MEMBER MAY BE USED AGAINST THE PARENT OR CARETAKER IN AN ADMINISTRATIVE OR COURT PROCEED- ING; 4. THE PARENT OR CARETAKER IS ENTITLED TO SEEK THE ADVICE OF AN ATTOR- NEY AND TO HAVE AN ATTORNEY PRESENT WHEN THE PARENT OR CARETAKER IS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD10274-02-1 S. 5484 2 QUESTIONED BY A CHILD PROTECTIVE SERVICES OR ADMINISTRATION FOR CHIL- DREN'S SERVICES REPRESENTATIVE; 5. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO ALLOW A CHILD PROTECTIVE SERVICES REPRESENTATIVE TO INTERVIEW OR EXAMINE A CHILD; 6. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO AGREE TO ANY REQUESTS MADE BY A CHILD PROTECTIVE SERVICES REPRESEN- TATIVE, INCLUDING, BUT NOT LIMITED TO, REQUESTS TO SIGN A RELEASE OF INFORMATION, TO TAKE A DRUG OR ALCOHOL TEST, OR TO SUBMIT TO A MENTAL HEALTH EVALUATION; 7. CONTACT INFORMATION FOR RESOURCES WHICH MAY BE AVAILABLE TO PARENTS AND CARETAKERS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION, INCLUD- ING LEGAL SERVICES FROM A DESIGNATED ORGANIZATION. § 2. This act shall take effect immediately.
(D, WF) Senate District
(D, WF) 31st Senate District
(D) 20th Senate District
(D, WF) 13th Senate District
View additional co-sponsors
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
(D) 32nd Senate District
See Assembly Version of this Bill: A6792 Current Committee: Senate Children And Families Law Section: Social Services Law Laws Affected: Add §424-c, Soc Serv L Versions Introduced in Other Legislative Sessions: 2019-2020: S7553, A9841
2023-2024: S901, A1980
Requires child protective services to orally and in writing disclose certain information to parents and caretakers who are the subject of a child protective services investigation; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.
BILL NUMBER: S5484A SPONSOR: BRISPORT TITLE OF BILL: An act to amend the social services law, in relation to requiring child protective services to disclose certain information to parents and care- takers who are the subject of a child protective services investigation SUMMARY OF PROVISIONS: Section one adds a new section to the social services law to require a child protective services investigator to orally read parents their rights as it relates to the investigation. JUSTIFICATION: While CPS has evolved in order to ensure that child rights are protected, there has been criticism of the system as not having the requisite checks and balances to ensure that it runs correctly. At the crux of the problem lie the parents who are often unaware of their
rights when faced with CPS. Complaints of child abuse and neglect may at times be acted upon by CPS in a manner that is unjust to the parents. This has led to many court cases, which have challenged such authority and actions. It is a myth that parents have no rights where CPS is concerned and that parents are abusive if there is a complaint. Because of this very traumatic process and the terror it invokes, parents may feel compelled to.do or say things that they would not otherwise do. It is not guaranteed that every parent who happens to be the subject of an investigation has the knowledge of his or her rights, and this can lead to unjust results. Providing parents with a plain-language "Parental Bill of Rights" ensures that every parent is equipped with the knowledge of their rights, and will also ensure the justice of our child welfare system. PRIOR LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5484--A 2021-2022 Regular Sessions I N S E N A T E March 8, 2021 ___________ Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- 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 INVESTIGATION. AT THE INITIAL POINT OF CONTACT WITH A PARENT OR CARE- TAKER, CHILD PROTECTIVE SERVICES SHALL ORALLY AND IN WRITING DISSEM- INATE, IN THE PARENT OR CARETAKER'S PREFERRED LANGUAGE, INFORMATION REGARDING THE PARENT OR CARETAKER'S RIGHTS DURING SUCH INVESTIGATION AND SHALL DOCUMENT 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: 1. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO PERMIT THE CHILD PROTECTIVE SERVICES REPRESENTATIVE TO ENTER THE RESI- DENCE OF THE PARENT OR CARETAKER; 2. THE PARENT OR CARETAKER WHO IS THE SUBJECT OF THE INVESTIGATION IS ENTITLED TO BE INFORMED OF THE ALLEGATIONS BEING INVESTIGATED; 3. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO SPEAK WITH THE CHILD PROTECTIVE SERVICES REPRESENTATIVE, AND ANY STATE- MENT MADE BY THE PARENT, CARETAKER OR OTHER FAMILY MEMBER MAY BE USED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10274-03-1
S. 5484--A 2 AGAINST THE PARENT OR CARETAKER IN AN ADMINISTRATIVE OR COURT PROCEED- ING; 4. THE PARENT OR CARETAKER IS ENTITLED TO SEEK THE ADVICE OF AN ATTOR- NEY AND TO HAVE AN ATTORNEY PRESENT WHEN THE PARENT OR CARETAKER IS QUESTIONED BY A CHILD PROTECTIVE REPRESENTATIVE; 5. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO ALLOW A CHILD PROTECTIVE SERVICES REPRESENTATIVE TO INTERVIEW OR EXAMINE A CHILD; 6. THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO AGREE TO ANY REQUESTS MADE BY A CHILD PROTECTIVE SERVICES REPRESEN- TATIVE, INCLUDING, BUT NOT LIMITED TO, REQUESTS TO SIGN A RELEASE OF INFORMATION, TO TAKE A DRUG OR ALCOHOL TEST, OR TO SUBMIT TO A MENTAL HEALTH EVALUATION; 7. CONTACT INFORMATION FOR RESOURCES WHICH MAY BE AVAILABLE TO PARENTS AND CARETAKERS DURING A CHILD PROTECTIVE SERVICES INVESTIGATION, INCLUD- ING LEGAL SERVICES FROM A DESIGNATED ORGANIZATION. § 2. This act shall take effect immediately.
(D, WF) Senate District
(D, WF) 31st Senate District
(D) 20th Senate District
(D, WF) 13th Senate District
View additional co-sponsors
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
(D) 32nd Senate District
See Assembly Version of this Bill: A6792 Current Committee: Senate Children And Families Law Section: Social Services Law Laws Affected: Add §424-c, Soc Serv L Versions Introduced in Other Legislative Sessions: 2019-2020: S7553, A9841
2023-2024: S901, A1980
Requires child protective services to orally and in writing disclose certain information to parents and caretakers who are the subject of a child protective services investigation; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.
BILL NUMBER: S5484B SPONSOR: BRISPORT TITLE OF BILL: An act to amend the social services law, in relation to requiring child protective services to disclose certain information to parents and care- takers who are the subject of a child protective services investigation SUMMARY OF PROVISIONS: Section one adds a new section to the social services law to require a child protective services investigator to orally and in writing inform parents of their rights as it relates to the investigation. JUSTIFICATION: Although child protective services (CPS) has evolved in order to ensure that the rights of children are protected, many have criticized current practices for not having the requisite checks and balances to ensure that investigations are performed properly. At the crux of the problem lie the parents who are often unaware of their legal rights when faced
with CPS. New York law is clear that, absent a true emergency, CPS cannot enter a home and interview children without either a court order or a parent's permission. Caseworkers, however, often do not communicate these basic rights to parents. Instead, they often tell parents that if they fail to cooperate with CPS's demands immediately, their children will be removed. The families who are pressured to allow CPS investigators into their homes without full knowledge of their legal rights and without the chance to speak with an attorney are overwhelmingly people of color from low-income communities. Current practices have led to litigation, uncertainty, and the needless trauma that comes with invasive investigations. Parents are often left feeling powerless, frustrated, and as if their privacy has been violated as CPS workers check every room, searching through their cabinets, draw- ers, and refrigerators, for what more often than not is a false or meritless report (which may have even originated with an anonymous complaint). This legislation would simply require that every parent who happens to be the subject of an investigation has the knowledge of his or her rights, through a plain-language "Parental Bill of Rights." PRIOR LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5484--B 2021-2022 Regular Sessions I N S E N A T E March 8, 2021 ___________ Introduced by Sens. BRISPORT, BIAGGI, JACKSON, MYRIE, RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 INVESTIGATION. 1. AT THE INITIAL POINT OF CONTACT WITH A PARENT OR CARETAKER, CHILD PROTECTIVE SERVICES SHALL ORALLY AND IN WRITING DISSEMINATE, IN 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, UNLESS COURT ORDERED, TO PERMIT THE CHILD PROTECTIVE SERVICES REPRESENTATIVE TO ENTER THE RESI- DENCE OF THE PARENT OR CARETAKER; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10274-06-2 S. 5484--B 2
(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, UNLESS COURT ORDERED, TO SPEAK WITH THE CHILD PROTECTIVE SERVICES REPRESENTATIVE, AND ANY STATE- MENT MADE BY THE PARENT, CARETAKER OR OTHER FAMILY MEMBER MAY BE USED AGAINST THE PARENT OR CARETAKER IN AN ADMINISTRATIVE OR COURT PROCEED- ING; (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 REPRESENTATIVE; (E) THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO ALLOW A CHILD PROTECTIVE SERVICES REPRESENTATIVE TO INTERVIEW OR EXAMINE A CHILD; (F) THE PARENT OR CARETAKER IS NOT REQUIRED, UNLESS COURT ORDERED, TO AGREE TO ANY REQUESTS MADE BY A CHILD PROTECTIVE SERVICES REPRESEN- TATIVE, INCLUDING, BUT NOT LIMITED TO, REQUESTS TO SIGN A RELEASE OF INFORMATION, TO TAKE A DRUG OR ALCOHOL TEST, OR TO SUBMIT TO A MENTAL HEALTH EVALUATION; (G) 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. 2. IF AT THE INITIAL POINT OF CONTACT WITH THE PARENT OR CARETAKER THE CHILD PROTECTIVE SERVICES WORKER 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 WORKER SHALL TAKE ALL LAWFUL MEASURES NECESSARY TO PROTECT THE CHILD'S LIFE OR HEALTH PRIOR TO DISSEMINATING INFORMATION REGARDING THE PARENT OR CARETAKER'S RIGHTS DURING THE INVESTIGATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION. § 2. This act shall take effect immediately.
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