S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5244
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced by Sens. SERRANO, BAILEY, HOYLMAN, KENNEDY, KRUEGER, MONTGOM-
   ERY,  SANDERS,  STAVISKY  --  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  an
   arresting  authority to notify the local social services district when
   the parent, legal guardian or care-giver of a  minor  is  arrested  or
   taken  into  custody;  requires  the local social services district to
   monitor the placement of the minor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Myls' law".
   §  2. The social services law is amended by adding a new section 384-d
 to read as follows:
   § 384-D. CARE AND CUSTODY OF CHILDREN IN THE EVENT OF  A  CARE-GIVER'S
 ARREST. 1.  AS USED IN THIS SECTION, "ARRESTING AUTHORITY" REFERS TO ALL
 POLICE AGENCIES IN THE STATE, INCLUDING BUT NOT LIMITED TO ALL STATE AND
 MUNICIPAL  POLICE  AGENCIES AND ALL PEACE OFFICERS AS DEFINED IN SECTION
 2.10 OF THE CRIMINAL PROCEDURE LAW.
   2.  IN THE EVENT THAT A PERSON IS ARRESTED OR TAKEN INTO CUSTODY,  THE
 ARRESTING AUTHORITY SHALL INQUIRE WHETHER SUCH PERSON IS A PARENT, LEGAL
 GUARDIAN OR CARE-GIVER OF A MINOR, AND THE ARRESTING AUTHORITY SHALL:
   (A) ASCERTAIN THE LOCATION OF THE MINOR AND THE IDENTITY OF ANY PERSON
 TO  WHOM THE PARENT, LEGAL GUARDIAN OR CARE-GIVER HAS ENTRUSTED THE CARE
 OF THE MINOR; AND
   (B) AS SOON AS PRACTICABLE, NOTIFY THE LOCAL SOCIAL SERVICES  DISTRICT
 OF  THE  LOCATION  OF THE MINOR AND THE IDENTITY OF THE PERSON ENTRUSTED
 WITH THE CARE OF THE MINOR.
   3. UPON RECEIVING NOTIFICATION FROM AN ARRESTING AUTHORITY PURSUANT TO
 THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION,  THE  LOCAL  SOCIAL
 SERVICES  DISTRICT  SHALL  PROMPTLY  CONFIRM  THE LOCATION OF THE MINOR;
 CONTACT THE PERSON TO WHOM CARE OF THE MINOR HAS BEEN ENTRUSTED  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03139-01-9

 S. 5244                             2
 
 ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER AND CONFIRM THAT THE MINOR
 IS WITH SUCH PERSON.
   4.  (A)  WITHIN  TWENTY-FOUR  HOURS  OF NOTIFICATION, THE LOCAL SOCIAL
 SERVICES DISTRICT SHALL:
   (1) COMMENCE AN INVESTIGATION INTO THE APPROPRIATENESS OF  THE  PLACE-
 MENT  BY  THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER OF THE MINOR
 WITH THE PERSON TO WHOM THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIV-
 ER HAS ENTRUSTED THE CARE OF THE MINOR;
   (2)(I) COMMENCE A SEARCH TO LOCATE ANY NON-RESPONDENT  PARENT  OF  THE
 CHILD  OR OTHER RELATIVES OF THE MINOR, INCLUDING BUT NOT LIMITED TO ALL
 OF THE MINOR'S GRANDPARENTS, AND ALL RELATIVES  IDENTIFIED  BY  A  MINOR
 OVER THE AGE OF FIVE AS A RELATIVE WHO PLAYS OR HAS PLAYED A SIGNIFICANT
 POSITIVE  ROLE IN HIS OR HER LIFE, AND TO INFORM THEM OF THE OPPORTUNITY
 TO SEEK TEMPORARY CUSTODY OR CARE  OF  THE  MINOR;  AND  (II)  DETERMINE
 WHETHER  THE  MINOR  MAY  APPROPRIATELY BE PLACED WITH A SUITABLE PERSON
 RELATED TO THE MINOR AND WHETHER SUCH RELATIVE IS WILLING  TO  CARE  FOR
 SUCH MINOR AND CAN PROVIDE APPROPRIATE CARE FOR THE MINOR; AND
   (3) DETERMINE THE LOCATION OF ANY MINOR SIBLINGS, HALF-SIBLINGS, STEP-
 SIBLINGS, FOSTER-SIBLINGS, OR NON-BLOOD RELATED SIBLINGS OF THE MINOR.
   (B)  PROVIDED,  HOWEVER,  THAT  IF  THE LOCAL SOCIAL SERVICES DISTRICT
 FINDS THAT THE MINOR IS IN THE CARE OF A CUSTODIAL PARENT OR LEGAL GUAR-
 DIAN, NOT IN CUSTODY,  THE  INVESTIGATIONS  REQUIRED  PURSUANT  TO  THIS
 SECTION SHALL CEASE.
   5. THE LOCAL SOCIAL SERVICES DISTRICT SHALL MAKE A DETERMINATION AS TO
 THE  APPROPRIATENESS  OF THE PLACEMENT OF THE MINOR BY THE PARENT, LEGAL
 GUARDIAN OR CARE-GIVER THAT WAS ARRESTED OR TAKEN INTO  CUSTODY,  WITHIN
 TWENTY-FOUR  HOURS  OF  NOTIFICATION BY THE ARRESTING AUTHORITY.  IN THE
 EVENT THAT THE PLACEMENT IS FOUND BY THE LOCAL SOCIAL SERVICES  DISTRICT
 TO  BE  CONTRARY  TO THE MINOR'S HEALTH, SAFETY OR WELFARE, OR OTHERWISE
 NOT IN THE BEST INTERESTS  OF  THE  MINOR,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  SHALL IMMEDIATELY PROVIDE OR ARRANGE FOR THE PROVISION OF CARE
 FOR SUCH MINOR.
   6. THE LOCAL SOCIAL SERVICES DISTRICT  SHALL  REMAIN  RESPONSIBLE  FOR
 MONITORING  THE  WELFARE  OF ANY MINOR SUBJECT TO THE PROVISIONS OF THIS
 SECTION UNTIL THE LOCAL SOCIAL SERVICES DISTRICT  RECEIVES  NOTIFICATION
 FROM THE PARENT, LEGAL GUARDIAN OR CARE-GIVER THAT HE OR SHE IS NO LONG-
 ER  UNDER  ARREST  OR  IN CUSTODY AND THAT THE PARENT, LEGAL GUARDIAN OR
 CARE-GIVER REQUESTS THE IMMEDIATE RETURN OF THE MINOR. UPON  RECEIPT  OF
 SUCH  NOTIFICATION, THE LOCAL SOCIAL SERVICES DISTRICT SHALL RETURN SUCH
 MINOR TO THE PARENT, LEGAL GUARDIAN OR CARE-GIVER AS SOON AS PRACTICABLE
 BUT NO LATER THAN TEN DAYS OF RECEIVING  NOTIFICATION,  EXCEPT  WHERE  A
 CONTRARY COURT ORDER HAS BEEN ISSUED PURSUANT TO PART TWO, FIVE OR SEVEN
 OF ARTICLE TEN OF THE FAMILY COURT ACT.
   §  3.  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.