BILL NUMBER: S1365
SPONSOR: SERRANO
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 endan-
germent 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 place-
ment of the minor.
PRIOR LEGISLATIVE HISTORY:
2013-2014: A.6506 - Referred to Children and Families
2015-2016: S.1203 - Referred to Children and Families
2017-2018: S.3458 - Referred to Children and Families
2019-2020: S.5244 - Referred to Children and Families
2021-2022: S.1482- Referred to Children and Families
2023-2024: S1462- Referred to Children and Families
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have