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A08827 Summary:

BILL NOA08827
 
SAME ASNo Same As
 
SPONSORBrown K
 
COSPNSR
 
MLTSPNSR
 
Amd §214-i, Exec L; amd §305, Ed L
 
Requires the school of a child who has their parent, guardian, or other person legally charged with the care or custody of such child arrested or whose house has been visited by police be informed of such arrest or visitation and the school establish procedures to best help such child.
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A08827 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8827
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 9, 2025
                                       ___________
 
        Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the executive law and the education law, in relation to
          requiring the school of a child who has  their  parent,  guardian,  or
          other  person  legally  charged with the care or custody of such child
          arrested or whose house has been visited by police be informed of such
          arrest or visitation and the school establish procedures to best  help
          such child
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 214-i of the executive law, as added by chapter 648
     2  of the laws of 2024, is amended to read as follows:
     3    § 214-i. Child-sensitive [arrests]  police  interactions.  The  super-
     4  intendent,  in  consultation  with  the  office  of  children and family
     5  services and the division of criminal justice services,  shall  develop,
     6  maintain  and  disseminate to all members of the state police, including
     7  new and veteran officers, written  policies  and  procedures,  regarding
     8  child-sensitive [arrest] police interaction practices. Such policies and
     9  procedures  shall  ensure  the identification and safety of a child less
    10  than eighteen years old when such child's  parent,  guardian,  or  other
    11  person  legally  charged  with  the  care  or  custody  of such child is
    12  arrested or is interacting with a state police officer at  such  child's
    13  home. Such policies and procedures shall include, but not be limited to:
    14    (a)  procedures to ensure that state police officers inquire and docu-
    15  ment whether an arrestee is  the  parent,  guardian  or  person  legally
    16  charged with the care or custody of a child;
    17    (b)  procedures to allow for the arrangement of temporary care for the
    18  child of an arrested parent, guardian or other  person  legally  charged
    19  with the care or custody of such child to ensure such child's safety and
    20  well-being,  which may include allowing the arrested parent, guardian or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06975-02-5

        A. 8827                             2
 
     1  other person legally charged with the care or custody of such  child  to
     2  place additional phone calls to arrange for child care;
     3    (c)  education  on  how  witnessing  violence causes emotional harm to
     4  children and how law enforcement can assist in minimizing the impact  of
     5  such harm; [and]
     6    (d)  information  on  the  availability  of  access to community-based
     7  providers of crisis intervention, child protection and other  supportive
     8  resources  that  could  aid the child of an arrested parent, guardian or
     9  other person legally charged with the care or custody of such child[.];
    10    (e) procedures to ensure that designated school personnel are informed
    11  of the arrest of a parent, guardian or person legally charged  with  the
    12  care or custody of a child who attends the school; and
    13    (f) procedures to ensure that designated school personnel are informed
    14  when  a  state  police  officer  visits a child who attends the school's
    15  home.
    16    § 2. Section 305 of the education law is amended  by  adding  two  new
    17  subdivisions 63 and 64 to read as follows:
    18    63. The commissioner shall require each school district provide trauma
    19  sensitive  intervention training to all school employees.  Such training
    20  shall be developed by the commissioner and shall include  procedures  to
    21  alert appropriate school staff of a child's exposure to violence.
    22    64.  The  commissioner shall require each school district to designate
    23  certain personnel to be informed of the arrest of a parent, guardian  or
    24  person  legally  charged with the care or custody of a child who attends
    25  the school and when a state police officer visits a  child  who  attends
    26  the  school's  home.  Upon  a  school  district being made aware of such
    27  arrest or such visitation, the teachers and  counselors  of  such  child
    28  shall  be  made  aware of the arrest or visitation and shall observe the
    29  child for behavioral and academic changes using trauma sensitive  inter-
    30  ventions  where  appropriate.    Where  a teacher notices changes in the
    31  child's behavior or academic performance, they shall refer  the  student
    32  to  the  school's counselor who shall assess the child's needs to deter-
    33  mine if counseling/services are needed and make a recommendation to  the
    34  child's  parent,  guardian  or  person  legally charged with the care or
    35  custody of a child.
    36    § 3. This act shall take effect on the first of July  next  succeeding
    37  the date on which it shall have become a law; provided, however, that if
    38  chapter 648 of the laws of 2024 shall not have taken effect on or before
    39  such  date  then  this act shall take effect on the same date and in the
    40  same manner as such chapter of the laws of 2024 takes effect.  Effective
    41  immediately,  the addition, amendment and/or repeal of any rule or regu-
    42  lation necessary for the implementation of this  act  on  its  effective
    43  date are authorized to be made and completed on or before such effective
    44  date.
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