S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1980--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. WALKER, COOK, SAYEGH, TAYLOR, SIMON, EPSTEIN,
   JACKSON, CRUZ, BURGOS, JEAN-PIERRE, DICKENS,  L. ROSENTHAL,  ANDERSON,
   GIBBS, MEEKS, DE LOS SANTOS, HEVESI, SEPTIMO, FORREST, GONZALEZ-ROJAS,
   ALVAREZ,  SOLAGES,  LUNSFORD,  PRETLOW,  LUCAS,  REYES, DAVILA, STECK,
   CUNNINGHAM,  MITAYNES,  CHANDLER-WATERMAN,  TAPIA  --  read  once  and
   referred  to  the  Committee  on Children and Families -- reported and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- 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
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03741-05-4
              

 A. 1980--A                          2
 
   (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
 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.
 A. 1980--A                          3
 
   §  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.