Bill S1137-2013

Requires a parent, law guardian or person legally responsible for a minor to be present during questioning by a peace or police officer

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.

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  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 9, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

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.

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