NY State Senate Bill 2021-S5484B

Senate Bill S5484B

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	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

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S5484 - Details

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

2021-S5484 - Summary

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.

2021-S5484 - Sponsor Memo

                                
 
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.

2021-S5484 - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2021-S5484A - Details

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

2021-S5484A - Summary

2021-S5484A - Sponsor Memo

                                
 
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.

2021-S5484A - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2021-S5484B (ACTIVE) - Details

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

2021-S5484B (ACTIVE) - Summary

2021-S5484B (ACTIVE) - Sponsor Memo

                                 
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.

2021-S5484B (ACTIVE) - Bill Text download pdf

                             
                     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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Senate Bill S5484B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

2021-S5484 - Details

2021-S5484 - Summary

2021-S5484 - Sponsor Memo

2021-S5484 - Bill Text download pdf

co-Sponsors

2021-S5484A - Details

2021-S5484A - Summary

2021-S5484A - Sponsor Memo

2021-S5484A - Bill Text download pdf

co-Sponsors

2021-S5484B (ACTIVE) - Details

2021-S5484B (ACTIVE) - Summary

2021-S5484B (ACTIVE) - Sponsor Memo

2021-S5484B (ACTIVE) - Bill Text download pdf

Comments