NY State Senate Bill 2025-S551

Senate Bill S551

2025-2026 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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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to children and families

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2025-S551 (ACTIVE) - Details

See Assembly Version of this Bill:: A1234
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
2021-2022: S5484, A6792
2023-2024: S901, A1980

2025-S551 (ACTIVE) - 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.

2025-S551 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S551

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.

Section two sets forth the effective date.

 
JUSTIFICATION:

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 and coerced to allow CPS inves-
tigators 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 is provided with informa-
tion regarding of his or her rights, through a plain-language "Parental
Bill of Rights."

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S5484 2022-23: S901

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S551 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    551
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  BRISPORT,  BAILEY, BROUK, CLEARE, COMRIE, COONEY,
   FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, JACKSON, LIU,
   MAY, MYRIE, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO,  WEBB
   -- 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.  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:
   (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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00066-01-5
 S. 551                              2
 
 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.
   § 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.

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