Requires a parent or other person legally responsible for a minor and the law guardian appointed pursuant to law to be present during questioning by a peace or police officer.
STATE OF NEW YORK
________________________________________________________________________
1955
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Children and Families
AN ACT to amend the family court act, in relation to questioning of a
minor by peace or police officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 305.2 of the family court act, as
2 added by chapter 920 of the laws of 1982, is amended to read as follows:
3 3. If an officer takes such child into custody or if a child is deliv-
4 ered to [him] an officer under section 305.1, [he] such officer shall
5 immediately notify the following persons that the child has been taken
6 into custody: (a) the parent, or other person legally responsible for
7 the child's care, or if such legally responsible person is unavailable
8 the person with whom the child resides, [that the child has been taken
9 into custody] and (b) if known by the officer, the attorney for the
10 child, if one has been appointed pursuant to section two hundred forty-
11 nine of this chapter for any pending or previous court proceeding.
12 § 2. This act shall take effect on the ninetieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05248-01-5