Requires child protective services to orally and in writing disclose certain information to parents and caretakers who are the subject of a child protective services investigation; requires such oral and written disclosure to contain certain information regarding the rights of the person under investigation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1234
SPONSOR: Walker TITLE OF BILL:
An act to amend the social services law, in relation to requiring child
protective services to disclose certain information to parents and care-
takers who are the subject of a child protective services investigation
SUMMARY OF PROVISIONS:
Section one adds a new section to the social services law to require a
child protective services investigator to orally and in writing inform
parents of their rights as it relates to the investigation.
Section two sets forth the effective date.
JUSTIFICATION:
New York law is clear that, absent a true emergency, CPS cannot enter a
home and interview children without either a court order or a parent's
permission. Caseworkers, however, often do not communicate these basic
rights to parents. Instead, they often tell parents that if they fail to
cooperate with CPS's demands immediately, their children will be
removed. The families who are pressured and coerced to allow CPS inves-
tigators into their homes without full knowledge of their legal rights
and without the chance to speak with an attorney are overwhelmingly
people of color from low-income communities.
Current practices have led to litigation, uncertainty, and the needless
trauma that comes with invasive investigations. Parents are often left
feeling powerless, frustrated, and as if their privacy has been violated
as CPS workers check every room, searching through their cabinets, draw-
ers, and refrigerators, for what more often than not is a false or
meritless report (which may have even originated with an anonymous
complaint). This legislation would simply require that every parent who
happens to be the subject of an investigation is provided with informa-
tion regarding of his or her rights, through a plain-language "Parental
Bill of Rights."
PRIOR LEGISLATIVE HISTORY:
2023-2024: Al 980A; referred to Rules
2021-2022: A6792A; referred to Children and Families
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
