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.
BILL NUMBER: S390A
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 required to be notified when a minor is taken into custody by a peace or police officer.
SUMMARY OF SPECIFIC PROVISIONS : Amends the Family Court Act to require that when a youth is taken into custody. if it is known that such youth has a law guardian. such law guardian must be notified that the youth is in custody.
JUSTIFICATION : Law guardians play a crucial role in the lives of the youth they represent. Law guardians must represent these 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 : 2008: 6464-A, Referred to third calendar reading 2007: 6464, Referred to Codes 2006: 1206-A, Referred to Children and Families 2005: 1206-A, Ordered to third calendar reading
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : 90 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ S. 390--A A. 1029--A 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2009 ___________IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. McENENY, EDDINGTON -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD00957-02-9