New York S 1365: Requires the reporting and monitoring of a minor whose parent, legal guardian or care-giver of a minor is arrested or taken into custody

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S01365 Summary:

BILL NOS01365 

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SAME ASSAME AS A01669

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SPONSORSERRANO

&nbsp

COSPNSRBAILEY, HOYLMAN-SIGAL, KRUEGER, SANDERS, STAVISKY

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MLTSPNSR

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Add §384-d, Soc Serv L

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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.

Go to top S01365 Actions:

BILL NOS01365 

&nbsp

01/09/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS01365 Committee&nbspVotes:

Go to topS01365 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01365 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1365

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. SERRANO, BAILEY, HOYLMAN-SIGAL, KRUEGER, SANDERS,
 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:

 1 Section 1. This act shall be known and may be cited as "Myls' law".
 2 § 2. The social services law is amended by adding a new section 384-d
 3 to read as follows:
 4 § 384-d. Care and custody of children in the event of a care-giver's
 5 arrest. 1. As used in this section, "arresting authority" refers to all
 6 police agencies in the state, including but not limited to all state and
 7 municipal police agencies and all peace officers as defined in section
 8 2.10 of the criminal procedure law.
 9 2. In the event that a person is arrested or taken into custody, the
 10 arresting authority shall inquire whether such person is a parent, legal
 11 guardian or care-giver of a minor, and the arresting authority shall:
 12 (a) ascertain the location of the minor and the identity of any person
 13 to whom the parent, legal guardian or care-giver has entrusted the care
 14 of the minor; and
 15 (b) as soon as practicable, notify the local social services district
 16 of the location of the minor and the identity of the person entrusted
 17 with the care of the minor.
 18 3. Upon receiving notification from an arresting authority pursuant to
 19 the provisions of subdivision two of this section, the local social
 20 services district shall promptly confirm the location of the minor;
 21 contact the person to whom care of the minor has been entrusted by the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03088-01-5

 S. 1365 2

 1 arrested parent, legal guardian or care-giver and confirm that the minor
 2 is with such person.
 3 4. (a) Within twenty-four hours of notification, the local social
 4 services district shall:
 5 (1) commence an investigation into the appropriateness of the place-
 6 ment by the arrested parent, legal guardian or care-giver of the minor
 7 with the person to whom the arrested parent, legal guardian or care-giv-
 8 er has entrusted the care of the minor;
 9 (2)(i) commence a search to locate any non-respondent parent of the
 10 child or other relatives of the minor, including but not limited to all
 11 of the minor's grandparents, and all relatives identified by a minor
 12 over the age of five as a relative who plays or has played a significant
 13 positive role in the minor's life, and to inform them of the opportunity
 14 to seek temporary custody or care of the minor; and (ii) determine
 15 whether the minor may appropriately be placed with a suitable person
 16 related to the minor and whether such relative is willing to care for
 17 such minor and can provide appropriate care for the minor; and
 18 (3) determine the location of any minor siblings, half-siblings, step-
 19 siblings, foster-siblings, or non-blood related siblings of the minor.
 20 (b) Provided, howe