Bill S6506-2013

Requires the reporting and monitoring of a minor whose parent, legal guardian or care-giver of a minor is arrested or taken into custody

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.

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  • Jan 31, 2014: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S6506

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require speedy notification by an arresting authority to the local social service agency in instances where the primary care-giver of a minor has been arrested or taken into custody.

SUMMARY OF SPECIFIC PROVISIONS:

Section one cites this act to be known as "Myls' Law".

Section two adds a new section 384-d to the social services law.

Section three sets forth the effective date.

JUSTIFICATION: After his father was arrested, Myls Dobson, age 4, was left to live with a person, referred to in the police and news reports as the father's girlfriend, who is charged with first degree assault and reckless endangerment and murdering Myls.

Unfortunately, this tragic event happened due to a dangerous loophole in New York State law that does not require the arresting authority to notify the local social service agency when a person who is the primary care-giver or legal guardian of a minor child is arrested or taken into custody.

"Myls' Law" would require immediate notification by law enforcement officials statewide to local social service agencies when the primary care-giver or legal guardian of a minor child is arrested or otherwise taken into police custody. In addition, this bill would empower local social service agencies to ascertain the appropriateness of the placement of the minor.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6506 IN SENATE January 31, 2014 ___________
Introduced by Sens. SERRANO, ESPAILLAT, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KRUEGER, MONTGOMERY, SMITH, 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: Section 1. This act shall be known and may be cited as "Myls' law". S 2. The social services law is amended by adding a new section 384-d to read as follows: S 384-D. CARE AND CUSTODY OF CHILDREN IN THE EVENT OF A CARE-GIVER'S ARREST. 1. AS USED IN THIS SECTION, "ARRESTING AUTHORITY" REFERS TO ALL POLICE AGENCIES IN THE STATE, INCLUDING BUT NOT LIMITED TO ALL STATE AND MUNICIPAL POLICE AGENCIES AND ALL PEACE OFFICERS AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW. 2. IN THE EVENT THAT A PERSON IS ARRESTED OR TAKEN INTO CUSTODY, THE ARRESTING AUTHORITY SHALL INQUIRE WHETHER SUCH PERSON IS A PARENT, LEGAL GUARDIAN OR CARE-GIVER OF A MINOR, AND THE ARRESTING AUTHORITY SHALL: (A) ASCERTAIN THE LOCATION OF THE MINOR AND THE IDENTITY OF ANY PERSON TO WHOM THE PARENT, LEGAL GUARDIAN OR CARE-GIVER HAS ENTRUSTED THE CARE OF THE MINOR; AND (B) AS SOON AS PRACTICABLE, NOTIFY THE LOCAL SOCIAL SERVICES DISTRICT OF THE LOCATION OF THE MINOR AND THE IDENTITY OF THE PERSON ENTRUSTED WITH THE CARE OF THE MINOR. 3. UPON RECEIVING NOTIFICATION FROM AN ARRESTING AUTHORITY PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROMPTLY CONFIRM THE LOCATION OF THE MINOR; CONTACT THE PERSON TO WHOM CARE OF THE MINOR HAS BEEN ENTRUSTED BY THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER AND CONFIRM THAT THE MINOR IS WITH SUCH PERSON.
4. (A) WITHIN TWENTY-FOUR HOURS OF NOTIFICATION, THE LOCAL SOCIAL SERVICES DISTRICT SHALL: (1) COMMENCE AN INVESTIGATION INTO THE APPROPRIATENESS OF THE PLACE- MENT BY THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIVER OF THE MINOR WITH THE PERSON TO WHOM THE ARRESTED PARENT, LEGAL GUARDIAN OR CARE-GIV- ER HAS ENTRUSTED THE CARE OF THE MINOR; (2)(I) COMMENCE A SEARCH TO LOCATE ANY NON-RESPONDENT PARENT OF THE CHILD OR OTHER RELATIVES OF THE MINOR, INCLUDING BUT NOT LIMITED TO ALL OF THE MINOR'S GRANDPARENTS, AND ALL RELATIVES IDENTIFIED BY A MINOR OVER THE AGE OF FIVE AS A RELATIVE WHO PLAYS OR HAS PLAYED A SIGNIFICANT POSITIVE ROLE IN HIS OR HER LIFE, AND TO INFORM THEM OF THE OPPORTUNITY TO SEEK TEMPORARY CUSTODY OR CARE OF THE MINOR; AND (II) DETERMINE WHETHER THE MINOR MAY APPROPRIATELY BE PLACED WITH A SUITABLE PERSON RELATED TO THE MINOR AND WHETHER SUCH RELATIVE IS WILLING TO CARE FOR SUCH MINOR AND CAN PROVIDE APPROPRIATE CARE FOR THE MINOR; AND (3) DETERMINE THE LOCATION OF ANY MINOR SIBLINGS, HALF-SIBLINGS, STEP-SIBLINGS, FOSTER-SIBLINGS, OR NON-BLOOD RELATED SIBLINGS OF THE MINOR. (B) PROVIDED, HOWEVER, THAT IF THE LOCAL SOCIAL SERVICES DISTRICT FINDS THAT THE MINOR IS IN THE CARE OF A CUSTODIAL PARENT OR LEGAL GUAR- DIAN, NOT IN CUSTODY, THE INVESTIGATIONS REQUIRED PURSUANT TO THIS SECTION SHALL CEASE. 5. THE LOCAL SOCIAL SERVICES DISTRICT SHALL MAKE A DETERMINATION AS TO THE APPROPRIATENESS OF THE PLACEMENT OF THE MINOR BY THE PARENT, LEGAL GUARDIAN OR CARE-GIVER THAT WAS ARRESTED OR TAKEN INTO CUSTODY, WITHIN TWENTY-FOUR HOURS OF NOTIFICATION BY THE ARRESTING AUTHORITY. IN THE EVENT THAT THE PLACEMENT IS FOUND BY THE LOCAL SOCIAL SERVICES DISTRICT TO BE CONTRARY TO THE MINOR'S HEALTH, SAFETY OR WELFARE, OR OTHERWISE NOT IN THE BEST INTERESTS OF THE MINOR, THE LOCAL SOCIAL SERVICES DISTRICT SHALL IMMEDIATELY PROVIDE OR ARRANGE FOR THE PROVISION OF CARE FOR SUCH MINOR. 6. THE LOCAL SOCIAL SERVICES DISTRICT SHALL REMAIN RESPONSIBLE FOR MONITORING THE WELFARE OF ANY MINOR SUBJECT TO THE PROVISIONS OF THIS SECTION UNTIL THE LOCAL SOCIAL SERVICES DISTRICT RECEIVES NOTIFICATION FROM THE PARENT, LEGAL GUARDIAN OR CARE-GIVER THAT HE OR SHE IS NO LONG- ER UNDER ARREST OR IN CUSTODY AND THAT THE PARENT, LEGAL GUARDIAN OR CARE-GIVER REQUESTS THE IMMEDIATE RETURN OF THE MINOR. UPON RECEIPT OF SUCH NOTIFICATION, THE LOCAL SOCIAL SERVICES DISTRICT SHALL RETURN SUCH MINOR TO THE PARENT, LEGAL GUARDIAN OR CARE-GIVER AS SOON AS PRACTICABLE BUT NO LATER THAN TEN DAYS OF RECEIVING NOTIFICATION, EXCEPT WHERE A CONTRARY COURT ORDER HAS BEEN ISSUED PURSUANT TO PART TWO, FIVE OR SEVEN OF ARTICLE TEN OF THE FAMILY COURT ACT. S 3. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.

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