Bill Text: NY A09191 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that, conditions of poverty, including but not limited to, the inability to provide or obtain clothing, home or property repair, or childcare, shall not be the sole determining factor when providing notification to the appropriate police authorities or the local child protective service unless there is willful or negligent action or failure to act and a nexus to harm such that the child has suffered or there is a substantial risk the child will suffer serious physical, mental, or emotional impairment.
Spectrum: Moderate Partisan Bill (Democrat 15-3)
Status: (Introduced) 2024-05-30 - enacting clause stricken [A09191 Detail]
Download: New_York-2023-A09191-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9191 IN ASSEMBLY February 12, 2024 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law and the family court act, in relation to prohibiting the removal of children into child protective custody based solely on conditions of poverty The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 417 of the social services law, as 2 amended by chapter 677 of the laws of 1985, paragraph (a) as amended by 3 chapter 329 of the laws of 2009, is amended to read as follows: 4 1. (a) Pursuant to the requirements and provisions of the family court 5 act, a peace officer, acting pursuant to his or her special duties, a 6 police officer, a law enforcement official, or a designated employee of 7 a city or county department of social services, or an agent or employee 8 of an Indian tribe that has entered into an agreement with the depart- 9 ment pursuant to section thirty-nine of this chapter to provide child 10 protective services shall take all appropriate measures to protect a 11 child's life and health including, when appropriate, taking or keeping a 12 child in protective custody without the consent of a parent or guardian 13 if such person has reasonable cause to believe that the circumstances or 14 condition of the child are such that continuing in his or her place of 15 residence or in the care and custody of the parent, guardian, custodian 16 or other person responsible for the child's care presents an imminent 17 danger to the child's life or health. Provided, however, no child shall 18 be taken into protective custody based solely on conditions of poverty, 19 including but not limited to the inability to provide or obtain cloth- 20 ing, home or property repair, or childcare, unless there is willful or 21 negligent action or failure to act and a nexus to harm such that the 22 child has suffered or there is a substantial risk the child will suffer 23 serious physical, mental, or emotional impairment. 24 (b) Any physician shall notify the appropriate police authorities or 25 the local child protective service to take custody of any child such 26 physician is treating whether or not additional medical treatment is 27 required, if such physician has reasonable cause to believe that the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13989-02-4A. 9191 2 1 circumstances or condition of the child are such that continuing in his 2 or her place of residence or in the care and custody of the parent, 3 guardian, custodian or other person responsible for the child's care 4 presents an imminent danger to the child's life or health. Provided, 5 however, conditions of poverty, including but not limited to, the 6 inability to provide or obtain clothing, home or property repair, or 7 childcare, shall not be the sole determining factor when providing 8 notification to the appropriate police authorities or the local child 9 protective service unless there is willful or negligent action or fail- 10 ure to act and a nexus to harm such that the child has suffered or there 11 is a substantial risk the child will suffer serious physical, mental, or 12 emotional impairment. 13 § 2. Section 1021 of the family court act, as amended by section 12 of 14 part A of chapter 3 of the laws of 2005, is amended to read as follows: 15 § 1021. Temporary removal with consent. A peace officer, acting pursu- 16 ant to his or her special duties, or a police officer or an agent of a 17 duly authorized agency, association, society or institution may tempo- 18 rarily remove a child from the place where he or she is residing with 19 the written consent of his or her parent or other person legally respon- 20 sible for his or her care, if the child is suspected to be an abused or 21 neglected child under this article. Provided however, no child shall be 22 removed based solely on conditions of poverty, including but not limited 23 to the inability to provide or obtain clothing, home or property repair, 24 or childcare, unless there is willful or negligent action or failure to 25 act and a nexus to harm such that the child has suffered or there is a 26 substantial risk the child will suffer serious physical, mental, or 27 emotional impairment. The officer or agent shall, coincident with 28 consent or removal, give written notice to the parent or other person 29 legally responsible for the child's care of the right to apply to the 30 family court for the return of the child pursuant to section one thou- 31 sand twenty-eight of this [article] part, and of the right to be repres- 32 ented by counsel and the procedures for those who are indigent to obtain 33 counsel in proceedings brought pursuant to this article. Such notice 34 shall also include the name, title, organization, address and telephone 35 number of the person removing the child; the name, address and telephone 36 number of the authorized agency to which the child will be taken, if 37 available; and the telephone number of the person to be contacted for 38 visits with the child. A copy of the instrument whereby the parent or 39 legally responsible person has given such consent to such removal shall 40 be appended to the petition alleging abuse or neglect of the removed 41 child and made a part of the permanent court record of the proceeding. A 42 copy of such instrument and notice of the telephone number of the child 43 protective agency to contact to ascertain the date, time and place of 44 the filing of the petition and of the hearing that will be held pursuant 45 to section one thousand twenty-seven of this [article] part shall be 46 given to the parent or legally responsible person. Unless the child is 47 returned sooner, a petition shall be filed within three court days from 48 the date of removal. In such a case, a hearing shall be held no later 49 than the next court day after the petition is filed and findings shall 50 be made as required pursuant to section one thousand twenty-seven of 51 this [article] part. 52 § 3. Paragraph (i) of subdivision (a) of section 1022 of the family 53 court act, as amended by section 13 of part A of chapter 3 of the laws 54 of 2005, is amended to read as follows: 55 (i) The family court may enter an order directing the temporary 56 removal of a child from the place where he or she is residing before theA. 9191 3 1 filing of a petition under this article, if (A) the parent or other 2 person legally responsible for the child's care is absent or, though 3 present, was asked and refused to consent to the temporary removal of 4 the child and was informed of an intent to apply for an order under this 5 section and of the information required by section one thousand twenty- 6 three of this part; and 7 (B) the child appears so to suffer from the abuse or neglect of his or 8 her parent or other person legally responsible for his or her care that 9 his or her immediate removal is necessary to avoid imminent danger to 10 the child's life or health; provided however, no child shall be removed 11 based solely on conditions of poverty, including but not limited to the 12 inability to provide or obtain clothing, home or property repair, or 13 childcare, unless there is willful or negligent action or failure to act 14 and a nexus to harm such that the child has suffered or there is a 15 substantial risk the child will suffer serious physical, mental, or 16 emotional impairment; and 17 (C) there is not enough time to file a petition and hold a preliminary 18 hearing under section one thousand twenty-seven of this part. 19 § 4. Subdivision (a) of section 1024 of the family court act, as 20 amended by chapter 329 of the laws of 2009, is amended to read as 21 follows: 22 (a) A peace officer, acting pursuant to his or her special duties, 23 police officer, or a law enforcement official, or a designated employee 24 of a city or county department of social services shall take all neces- 25 sary measures to protect a child's life or health including, when appro- 26 priate, taking or keeping a child in protective custody, and any physi- 27 cian shall notify the local department of social services or appropriate 28 police authorities to take custody of any child such physician is treat- 29 ing, without an order under section one thousand twenty-two of this 30 [article] part and without the consent of the parent or other person 31 legally responsible for the child's care, regardless of whether the 32 parent or other person legally responsible for the child's care is 33 absent, if (i) such person has reasonable cause to believe that the 34 child is in such circumstance or condition that his or her continuing in 35 said place of residence or in the care and custody of the parent or 36 person legally responsible for the child's care presents an imminent 37 danger to the child's life or health; provided however, no child shall 38 be removed based solely on conditions of poverty, including but not 39 limited to the inability to provide or obtain clothing, home or property 40 repair, or childcare, unless there is willful or negligent action or 41 failure to act and a nexus to harm such that the child has suffered or 42 there is a substantial risk the child will suffer serious physical, 43 mental, or emotional impairment; and 44 (ii) there is not time enough to apply for an order under section one 45 thousand twenty-two of this [article] part. 46 § 5. This act shall take effect immediately.
