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BILL NUMBER:S1137

TITLE OF BILL: An act to amend the family court act, in relation to questioning of a minor by peace or police officers

PURPOSE OR GENERAL IDEA OF BILL: This bill adds law guardian to those persons being required to be notified when a minor is taken into custody by a police or peace officer.

SUMMARY OF SPECIFIC PROVISIONS: Amends subdivision 3 of section 305.2 of the Family Court Act.

JUSTIFICATION: Law guardians play a crucial role in the lives of youth they represent. Law guardians must represent theses youth in Family Court and advocate for appropriate permanency goals and dispositions. Yet, many law guardians express concern that they are not always notified by authorities of critical situations the youth may be experiencing, such as being taken into custody by peace or police officers. Notification of law guardians in these situations would assist them in representing the youth to the best of their abilities.

PRIOR LEGISLATIVE HISTORY: 2011/12: A.989/S.1197 Remained in Senate and Assembly Committees          on Children and Families 2009/10: A.1029A/S.390A 2007/08: A.6464A/S390A 2005/06: A.1206A/S.605A

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

1137

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Subdivision 3 of section 305.2 of the family court act,  as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  3. If an officer takes such child into custody or if a child is deliv-
ered  to  him  OR  HER  under section 305.1, he OR SHE shall immediately
notify THE FOLLOWING PERSONS THAT THE CHILD HAS BEEN TAKEN INTO CUSTODY:
(A) the parent, or other person  legally  responsible  for  the  child's
care,  or  if  such legally responsible person is unavailable the person
with whom the child resides, [that the child has been taken into  custo-
dy]  AND (B) IF KNOWN BY THE OFFICER, THE LAW GUARDIAN FOR THE CHILD, IF
ONE  HAS  PREVIOUSLY  BEEN  APPOINTED  PURSUANT  TO  SECTION TWO HUNDRED
FORTY-NINE OF THIS CHAPTER.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01767-01-3