S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9191
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the social services law and the family court act, in
   relation to prohibiting the removal of children into child  protective
   custody based solely on conditions of poverty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 417 of the social services law, as
 amended by chapter 677 of the laws of 1985, paragraph (a) as amended  by
 chapter 329 of the laws of 2009, is amended to read as follows:
   1. (a) Pursuant to the requirements and provisions of the family court
 act,  a  peace  officer, acting pursuant to his or her special duties, a
 police officer, a law enforcement official, or a designated employee  of
 a  city or county department of social services, or an agent or employee
 of an Indian tribe that has entered into an agreement with  the  depart-
 ment  pursuant  to  section thirty-nine of this chapter to provide child
 protective services shall take all appropriate  measures  to  protect  a
 child's life and health including, when appropriate, taking or keeping a
 child  in protective custody without the consent of a parent or guardian
 if such person has reasonable cause to believe that the circumstances or
 condition of the child are such that continuing in his or her  place  of
 residence  or in the care and custody of the parent, guardian, custodian
 or other person responsible for the child's care  presents  an  imminent
 danger to the child's life or health.  PROVIDED, HOWEVER, NO CHILD SHALL
 BE  TAKEN INTO PROTECTIVE CUSTODY BASED SOLELY ON CONDITIONS OF POVERTY,
 INCLUDING BUT NOT LIMITED TO THE INABILITY TO PROVIDE OR  OBTAIN  CLOTH-
 ING,  HOME  OR PROPERTY REPAIR, OR CHILDCARE, UNLESS THERE IS WILLFUL OR
 NEGLIGENT ACTION OR FAILURE TO ACT AND A NEXUS TO  HARM  SUCH  THAT  THE
 CHILD  HAS SUFFERED OR THERE IS A SUBSTANTIAL RISK THE CHILD WILL SUFFER
 SERIOUS PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT.
   (b) Any physician shall notify the appropriate police  authorities  or
 the  local  child  protective  service to take custody of any child such
 physician is treating whether or not  additional  medical  treatment  is
 required,  if  such  physician  has reasonable cause to believe that the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13989-02-4
 A. 9191                             2
 
 circumstances or condition of the child are such that continuing in  his
 OR  HER  place  of  residence  or in the care and custody of the parent,
 guardian, custodian or other person responsible  for  the  child's  care
 presents  an  imminent  danger to the child's life or health.  PROVIDED,
 HOWEVER, CONDITIONS OF  POVERTY,  INCLUDING  BUT  NOT  LIMITED  TO,  THE
 INABILITY  TO  PROVIDE  OR  OBTAIN CLOTHING, HOME OR PROPERTY REPAIR, OR
 CHILDCARE, SHALL NOT BE  THE  SOLE  DETERMINING  FACTOR  WHEN  PROVIDING
 NOTIFICATION  TO  THE  APPROPRIATE POLICE AUTHORITIES OR THE LOCAL CHILD
 PROTECTIVE SERVICE UNLESS THERE IS WILLFUL OR NEGLIGENT ACTION OR  FAIL-
 URE TO ACT AND A NEXUS TO HARM SUCH THAT THE CHILD HAS SUFFERED OR THERE
 IS A SUBSTANTIAL RISK THE CHILD WILL SUFFER SERIOUS PHYSICAL, MENTAL, OR
 EMOTIONAL IMPAIRMENT.
   § 2. Section 1021 of the family court act, as amended by section 12 of
 part A of chapter 3 of the laws of 2005, is amended to read as follows:
   § 1021. Temporary removal with consent. A peace officer, acting pursu-
 ant  to  his or her special duties, or a police officer or an agent of a
 duly authorized agency, association, society or institution  may  tempo-
 rarily  remove  a  child from the place where he or she is residing with
 the written consent of his or her parent or other person legally respon-
 sible for his or her care, if the child is suspected to be an abused  or
 neglected child under this article.  PROVIDED HOWEVER, NO CHILD SHALL BE
 REMOVED BASED SOLELY ON CONDITIONS OF POVERTY, INCLUDING BUT NOT LIMITED
 TO THE INABILITY TO PROVIDE OR OBTAIN CLOTHING, HOME OR PROPERTY REPAIR,
 OR  CHILDCARE, UNLESS THERE IS WILLFUL OR NEGLIGENT ACTION OR FAILURE TO
 ACT AND A NEXUS TO HARM SUCH THAT THE CHILD HAS SUFFERED OR THERE  IS  A
 SUBSTANTIAL  RISK  THE  CHILD  WILL  SUFFER SERIOUS PHYSICAL, MENTAL, OR
 EMOTIONAL IMPAIRMENT.  The  officer  or  agent  shall,  coincident  with
 consent  or  removal,  give written notice to the parent or other person
 legally responsible for the child's care of the right to  apply  to  the
 family  court  for the return of the child pursuant to section one thou-
 sand twenty-eight of this [article] PART, and of the right to be repres-
 ented by counsel and the procedures for those who are indigent to obtain
 counsel in proceedings brought pursuant to  this  article.  Such  notice
 shall  also include the name, title, organization, address and telephone
 number of the person removing the child; the name, address and telephone
 number of the authorized agency to which the child  will  be  taken,  if
 available;  and  the  telephone number of the person to be contacted for
 visits with the child. A copy of the instrument whereby  the  parent  or
 legally  responsible person has given such consent to such removal shall
 be appended to the petition alleging abuse or  neglect  of  the  removed
 child and made a part of the permanent court record of the proceeding. A
 copy  of such instrument and notice of the telephone number of the child
 protective agency to contact to ascertain the date, time  and  place  of
 the filing of the petition and of the hearing that will be held pursuant
 to  section  one  thousand  twenty-seven of this [article] PART shall be
 given to the parent or legally responsible person. Unless the  child  is
 returned  sooner, a petition shall be filed within three court days from
 the date of removal. In such a case, a hearing shall be  held  no  later
 than  the  next court day after the petition is filed and findings shall
 be made as required pursuant to section  one  thousand  twenty-seven  of
 this [article] PART.
   §  3.  Paragraph  (i) of subdivision (a) of section 1022 of the family
 court act, as amended by section 13 of part A of chapter 3 of  the  laws
 of 2005, is amended to read as follows:
   (i)  The  family  court  may  enter  an  order directing the temporary
 removal of a child from the place where he or she is residing before the
 A. 9191                             3
 
 filing of a petition under this article, if  (A)  the  parent  or  other
 person  legally  responsible  for  the child's care is absent or, though
 present, was asked and refused to consent to the  temporary  removal  of
 the child and was informed of an intent to apply for an order under this
 section  and of the information required by section one thousand twenty-
 three of this part; and
   (B) the child appears so to suffer from the abuse or neglect of his or
 her parent or other person legally responsible for his or her care  that
 his  or  her  immediate removal is necessary to avoid imminent danger to
 the child's life or health; PROVIDED HOWEVER, NO CHILD SHALL BE  REMOVED
 BASED  SOLELY ON CONDITIONS OF POVERTY, INCLUDING BUT NOT LIMITED TO THE
 INABILITY TO PROVIDE OR OBTAIN CLOTHING, HOME  OR  PROPERTY  REPAIR,  OR
 CHILDCARE, UNLESS THERE IS WILLFUL OR NEGLIGENT ACTION OR FAILURE TO ACT
 AND  A  NEXUS  TO  HARM  SUCH  THAT THE CHILD HAS SUFFERED OR THERE IS A
 SUBSTANTIAL RISK THE CHILD WILL  SUFFER  SERIOUS  PHYSICAL,  MENTAL,  OR
 EMOTIONAL IMPAIRMENT; and
   (C) there is not enough time to file a petition and hold a preliminary
 hearing under section one thousand twenty-seven of this part.
   §  4.  Subdivision  (a)  of  section  1024 of the family court act, as
 amended by chapter 329 of the laws  of  2009,  is  amended  to  read  as
 follows:
   (a)  A  peace  officer,  acting pursuant to his or her special duties,
 police officer, or a law enforcement official, or a designated  employee
 of  a city or county department of social services shall take all neces-
 sary measures to protect a child's life or health including, when appro-
 priate, taking or keeping a child in protective custody, and any  physi-
 cian shall notify the local department of social services or appropriate
 police authorities to take custody of any child such physician is treat-
 ing,  without  an  order  under  section one thousand twenty-two of this
 [article] PART and without the consent of the  parent  or  other  person
 legally  responsible  for  the  child's  care, regardless of whether the
 parent or other person legally  responsible  for  the  child's  care  is
 absent,  if  (i)  such  person  has reasonable cause to believe that the
 child is in such circumstance or condition that his or her continuing in
 said place of residence or in the care and  custody  of  the  parent  or
 person  legally  responsible  for  the child's care presents an imminent
 danger to the child's life or health; PROVIDED HOWEVER, NO  CHILD  SHALL
 BE  REMOVED  BASED  SOLELY  ON  CONDITIONS OF POVERTY, INCLUDING BUT NOT
 LIMITED TO THE INABILITY TO PROVIDE OR OBTAIN CLOTHING, HOME OR PROPERTY
 REPAIR, OR CHILDCARE, UNLESS THERE IS WILLFUL  OR  NEGLIGENT  ACTION  OR
 FAILURE  TO  ACT AND A NEXUS TO HARM SUCH THAT THE CHILD HAS SUFFERED OR
 THERE IS A SUBSTANTIAL RISK THE  CHILD  WILL  SUFFER  SERIOUS  PHYSICAL,
 MENTAL, OR EMOTIONAL IMPAIRMENT; and
   (ii)  there is not time enough to apply for an order under section one
 thousand twenty-two of this [article] PART.
   § 5. This act shall take effect immediately.