Requires an arresting authority to notify the local social services district when the parent, legal guardian or care-giver of a minor is arrested or taken into custody; requires the local social services district to monitor the placement of such minor.
STATE OF NEW YORK
________________________________________________________________________
1462
2023-2024 Regular Sessions
IN SENATE
January 12, 2023
___________
Introduced by Sens. SERRANO, BAILEY, HOYLMAN-SIGAL, KENNEDY, KRUEGER,
SANDERS, STAVISKY -- 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 an
arresting authority to notify the local social services district when
the parent, legal guardian or care-giver of a minor is arrested or
taken into custody; requires the local social services district to
monitor the placement of the minor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Myls' law".
2 § 2. The social services law is amended by adding a new section 384-d
3 to read as follows:
4 § 384-d. Care and custody of children in the event of a care-giver's
5 arrest. 1. As used in this section, "arresting authority" refers to all
6 police agencies in the state, including but not limited to all state and
7 municipal police agencies and all peace officers as defined in section
8 2.10 of the criminal procedure law.
9 2. In the event that a person is arrested or taken into custody, the
10 arresting authority shall inquire whether such person is a parent, legal
11 guardian or care-giver of a minor, and the arresting authority shall:
12 (a) ascertain the location of the minor and the identity of any person
13 to whom the parent, legal guardian or care-giver has entrusted the care
14 of the minor; and
15 (b) as soon as practicable, notify the local social services district
16 of the location of the minor and the identity of the person entrusted
17 with the care of the minor.
18 3. Upon receiving notification from an arresting authority pursuant to
19 the provisions of subdivision two of this section, the local social
20 services district shall promptly confirm the location of the minor;
21 contact the person to whom care of the minor has been entrusted by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00781-01-3
S. 1462 2
1 arrested parent, legal guardian or care-giver and confirm that the minor
2 is with such person.
3 4. (a) Within twenty-four hours of notification, the local social
4 services district shall:
5 (1) commence an investigation into the appropriateness of the place-
6 ment by the arrested parent, legal guardian or care-giver of the minor
7 with the person to whom the arrested parent, legal guardian or care-giv-
8 er has entrusted the care of the minor;
9 (2)(i) commence a search to locate any non-respondent parent of the
10 child or other relatives of the minor, including but not limited to all
11 of the minor's grandparents, and all relatives identified by a minor
12 over the age of five as a relative who plays or has played a significant
13 positive role in his or her life, and to inform them of the opportunity
14 to seek temporary custody or care of the minor; and (ii) determine
15 whether the minor may appropriately be placed with a suitable person
16 related to the minor and whether such relative is willing to care for
17 such minor and can provide appropriate care for the minor; and
18 (3) determine the location of any minor siblings, half-siblings, step-
19 siblings, foster-siblings, or non-blood related siblings of the minor.
20 (b) Provided, however, that if the local social services district
21 finds that the minor is in the care of a custodial parent or legal guar-
22 dian, not in custody, the investigations required pursuant to this
23 section shall cease.
24 5. The local social services district shall make a determination as to
25 the appropriateness of the placement of the minor by the parent, legal
26 guardian or care-giver that was arrested or taken into custody, within
27 twenty-four hours of notification by the arresting authority. In the
28 event that the placement is found by the local social services district
29 to be contrary to the minor's health, safety or welfare, or otherwise
30 not in the best interests of the minor, the local social services
31 district shall immediately provide or arrange for the provision of care
32 for such minor.
33 6. The local social services district shall remain responsible for
34 monitoring the welfare of any minor subject to the provisions of this
35 section until the local social services district receives notification
36 from the parent, legal guardian or care-giver that he or she is no long-
37 er under arrest or in custody and that the parent, legal guardian or
38 care-giver requests the immediate return of the minor. Upon receipt of
39 such notification, the local social services district shall return such
40 minor to the parent, legal guardian or care-giver as soon as practicable
41 but no later than ten days of receiving notification, except where a
42 contrary court order has been issued pursuant to part two, five or seven
43 of article ten of the family court act.
44 § 3. This act shall take effect on the ninetieth day after it shall
45 have become a law. Effective immediately, the addition, amendment and/or
46 repeal of any rule or regulation necessary for the implementation of
47 this act on its effective date are authorized to be made and completed
48 on or before such effective date.
