Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures

Summary of provisions

Section 1: Amends the executive law by adding a new section 214-d, requiring the superintendent, in consultation with the office of child and family services and the division of criminal justice services, to maintain and disseminate written policies and procedures regarding child sensitive arrest practices. These policies include but are not limited to: (1) inquiring whether an arrestee is charged with the care or custody of a child; (2) allowing for the arrangement of temporary care for the child; (3) education on how witnessing violence causes emotional harm to children and how law enforcement can minimize the impact of such harm; (4) information on the availability of access to community-based providers of crisis intervention, child protection, and other resources that could aid the child.

Section 2. Amends the executive law by adding a new subdivision (f-1) to subdivision 3 of section 840, requiring DCJS in consultation with the office of child and family services to maintain and disseminate written policies and procedures regarding child sensitive arrest practices. These policies include but are not limited to: (1) inquiring whether an arrestee is charged with the care or custody of a child; (2) allowing for the arrangement of temporary care for the child; (3) education on how witnessing violence causes emotional harm to children and how law enforcement can minimize the impact of such harm; (4) information on the availability of access to community-based providers of crisis intervention, child protection, and other resources that could aid the child.

Section 3: Amends the criminal procedure law by adding two new sections 120.85 and 140.17, by requiring that state and local law enforcement officers who are arresting an individual inquire at the time of the arrest whether the individual is parent, guardian, or person legally charged with the care or custody of a minor child who may be at risk as a result of the arrest. Further, the arresting officer is to make reasonable efforts to ensure the safety of such child in accordance with the polices established pursuant to section 214-d of the executive law.

Justification

A national study conducted in 1998 estimated that of parents arrested, 67% were handcuffed in front of their children, 27% reported weapons drawn in front of their children, 4.3% reported a

physical struggle, and 3.2% reported the use of pepper spray. (Phillips, S.D. (1998). Programming for children of female offenders. Proceedings from 4th National Head Start Research Conference. Washington, DC (cited in report to the Oregon Legislature on Senate Bill 133 (p.2). December 2002)). According to a 2010 study discussed in a report by the examining the relationship between witnessing arrests and elevated symptoms of post traumatic stress, children who witnessed the arrest of someone in their household and had a recently arrested parent were 73% more likely to have elevated post traumatic stress symptoms than children who did not have an arrested parent and had never witnessed an arrest (Phillips, S.D., & Zhao J. (2010). The relationship between witnessing arrests and elevated symptoms of posttraumatic stress. Children and Youth Services Review, 32 (10). 1246-1254. doi:10.1016/j.childyouth.201004.0125)

Witnessing an arrest can cause anxiety, confusion, anger, sadness, and a myriad of other emotions in children. Most children do not talk about this experience. Many develop negative associations with law enforcement or figures of authority as a result. This can put them at risk because they may not seek assistance from the police when they feel unsafe or are in danger. Further, their respect for the law and sense of right and wrong can be complicated by their parent's arrest. This is particularly true if they were not aware of their parent's law-breaking, if they witnessed aggression toward their parents during an arrest, or if their parents did not take responsibility for their actions, using language to convey that arrests happen randomly or without justification.

By adopting and implementing child-sensitive arrest policies and procedures as modeled in other states and jurisdictions, child trauma and out-of-home placements can be minimized and the needs of these children can be properly met.

Legislative history

2011-2012: S.6043-A - Died in Committee

Fiscal implications

Unknown.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.