What's happening
This bill strengthens requirements for notifying and involving parents in proceedings and assessments involving 16- and 17-year-old defendants in youth courts.
Why it matters
Expands notification requirements. Police must now inform parents or guardians not only of a youth's arrest and detention location, but also of where and when court appearances or questioning will occur, increasing transparency and parental involvement from the outset.
Strengthens parental participation in assessments. Probation departments are required to make "reasonable and substantial efforts" to include parents or guardians in risk and needs assessments, aiming to ensure that families are actively engaged in decisions about appropriate services and interventions for the youth.
Allows legal proceedings and assessments to proceed if parents are absent. The law clarifies that while parental presence is required, courts and probation departments are not prevented from moving forward if they have made sufficient effort to notify parents—helping to avoid unnecessary delays while still prioritizing parental involvement.
May impact outcomes for older youth in the system. By formalizing and enhancing parental engagement, the bill seeks to improve oversight, advocacy, and support for 16- and 17-year-olds, which could affect case outcomes, access to services, and overall fairness in youth court processes.
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Who cares
Headline styles
Notify Parents of Teen Arrests
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1010
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notify Parents of Teen Arrests
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8260
IN SENATE
April 24, 2018
Introduced by Sen. LANZA -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to notification to, and engagement of, parents in proceedings involving sixteen and seventeen year old defendants in youth parts in superior courts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 120.90 of the criminal procedure law, as amended by section 16 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
7. Upon arresting a juvenile offender or adolescent offender, the police officer shall immediately notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that the juvenile offender or adolescent offender has been arrested, [and] the location of the facility where he or she is being detained or questioned and the location of the court where he or she will be arraigned or appear, as well as the date and approximate time if known.
§ 2. The opening paragraph of subdivision 6 of section 140.20 of the criminal procedure law, as amended by section 20 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
Upon arresting a juvenile offender or a person sixteen or commencing October first, two thousand nineteen, seventeen years of age without a warrant, the police officer shall immediately notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that such offender or person has been arrested, and the location of the facility where he or she is being detained or questioned and the location of the court where he or she will be arraigned or appear, as well as the date and approximate time if known. If the officer determines that it is necessary to question a juvenile offender or such person, the officer must take him or her to a facility designated by the chief administrator of the courts as a suitable place for the questioning of children or, upon the consent of a parent or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14580-02-8
S. 8260 2
other person legally responsible for the care of the juvenile or such person, to his or her residence and there question him or her for a reasonable period of time. A juvenile or such person shall not be questioned pursuant to this section unless he or she and a person required to be notified pursuant to this subdivision, if present, have been advised:
§ 3. The opening paragraph of subdivision 5 of section 140.27 of the criminal procedure law, as amended by section 23 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
Upon arresting a juvenile offender or a person sixteen or commencing October first, two thousand nineteen, seventeen years of age without a warrant, the peace officer shall immediately notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that such offender or person has been arrested, and the location of the facility where he or she is being detained or questioned and the location of the court where he or she will be arraigned or appear, as well as the date and approximate time if known. If the officer determines that it is necessary to question a juvenile offender or such person, the officer must take him or her to a facility designated by the chief administrator of the courts as a suitable place for the questioning of children or, upon the consent of a parent or other person legally responsible for the care of a juvenile offender or such person, to his or her residence and there question him or her for a reasonable period of time. A juvenile offender or such person shall not be questioned pursuant to this section unless the juvenile offender or such person and a person required to be notified pursuant to this subdivision, if present, have been advised:
§ 4. The opening paragraph of subdivision 5 of section 140.40 of the criminal procedure law, as amended by section 24 of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
If a police officer takes an arrested juvenile offender or a person sixteen or commencing October first, two [thosuand] thousand nineteen, seventeen years of age into custody, the police officer shall immediately notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that such offender or person has been arrested, and the location of the facility where he or she is being detained or questioned and the location of the court where he or she will be arraigned or appear, as well as the date and approximate time if known. If the officer determines that it is necessary to question a juvenile offender or such person the officer must take him or her to a facility designated by the chief administrator of the courts as a suitable place for the questioning of children or, upon the consent of a parent or other person legally responsible for the care of the juvenile offender or such person, to his or her residence and there question him or her for a reasonable period of time. A juvenile offender or such person shall not be questioned pursuant to this section unless he or she and a person required to be notified pursuant to this subdivision, if present, have been advised:
§ 5. Subdivision 1 of section 722.00 of the criminal procedure law, as added by section 1-a of part WWW of chapter 59 of the laws of 2017, is amended to as follows:
1. All juvenile offenders and adolescent offenders shall be notified of the availability of services through the local probation department. Such services shall include the ability of the probation department to conduct a risk and needs assessment, utilizing a validated risk assessment tool, in order to help determine suitable and individualized
S. 8260 3
programming and referrals. Participation in such risk and needs assessment shall be voluntary and the adolescent offender or juvenile offender may be accompanied by counsel during any such assessment. The local probation department shall make reasonable and substantial efforts to secure the participation of the parent or other person responsible for the care of the juvenile offender or adolescent offender in the risk and needs assessment but shall not be prevented from proceeding by the absence of such parent or person. Based upon the assessment findings, the probation department shall refer the adolescent offender or juvenile offender to available and appropriate services.
§ 6. Section 722.10 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. In all proceedings under this article, the parent or other person responsible for the care of the juvenile offender or adolescent offender shall be present. However, the court shall not be prevented from proceeding by the absence of such parent or person if reasonable and substantial effort has been made to notify such parent or other person.
§ 7. This act shall take effect immediately; provided, however, sections one, two, three and four of this act shall take effect on the same date and in the same manner as sections 16, 20, 23 and 24 of part WWW of chapter 59 of the laws of 2017, respectively, take effect and sections five and six of this act shall take effect on the same date and in the same manner as section 1-a of part WWW of chapter 59 of the laws of 2017, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to notification to, and engagement of, parents in proceedings involving sixteen and seventeen year old defendants in youth parts in superior courts
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee.
Last year's statute raising the age of criminal responsibility requires law enforcement, upon the arrests of 16-year olds starting in October, 2018, and 17-year olds starting in October, 2019, to notify parents or other persons legally responsible for the adolescents' care (1) where the youth are being held, and (2) if the youth is being interrogated, of the youth's Miranda rights. See Criminal Procedure Law §§ 1.20(7), 140.20(6), 140.27(5), 140.40(5) (L. 2017, c. 59, Pt. WWW). This reflects a salutary recognition of the importance of involving parents and legally responsible individuals involved in adolescents' cases, since these youth are still minors who are dependent upon their families both for sustenance and for guidance.
Read the full memo (795 words)
This measure would build upon this recognition by requiring notification of probation case plan efforts and of details to the extent available when and where the youth will be arraigned in court. Similar to Family Court Act § 341.2(3), this measure also amends section 722.00(1) of the Criminal Procedure Law to require the presence of parents or other persons legally responsible at all proceedings in the Youth Part, with the caveat that the court would "not be prevented from proceeding by the absence of such parent or person if reasonable and substantial effort has been made to notify such parent or other person."
The Final Report of the Governor 's Commission on Youth, Public Safety and Justice (2015) at 53, 56, noted how critical it is for parents and family members to be engaged in the adjustment process, to assist youth when they are interrogated and to be made aware of their arrests. The Commission noted that current criminal procedures do not include parents or legally responsible adults:
Because these proceedings follow adult criminal procedures, the youth's parents are not formally involved in proceedings at arraignment, or at any point in the court process.
Id, at 56. The Juvenile Delinquency Guidelines issued by the National Council of Juvenile and Family Court Judges in 2005 included as a "Key Principle" that:
Juvenile Delinquency System Staff Should Engage Parents and Families at all. Stages of the Juvenile Delinquency Court Process to Encourage Fami- ly Members to Participate Fully in the Development and Implementation of the Youth's Intervention Plan.
Id., at p. 135. The Guidelines explained that "(d)ispositions will only be effective if the juvenile delinquency court ensures that the youth and parents, probation, and service providers follow through with court orders." Id. The Guidelines call for notification and inclusion of parents and guardians at every stage of the process from arrest, through probation diversion, detention, disposition and post-disposition proceedings. Id., pages 68, 69, 89, 91, 96, 133, 135, 140, 141. Like- wise, the Juvenile Justice Standards promulgated by the American Bar Association and Institute for Judicial Administration almost 40 years ago emphasize the need to notify parents and guardians and include them at every stage. See IJA-ABA Standards Relating to: Adjudication §§ 1.4, 3.7, 4.5; Disposition Procedures § 3.1; Interim Status §§ 5.3 , 6.5; Juvenile Probation Function § 2.4(E).{1}
In construing Family Court Act § 340.2(3), appellate courts in New York have repeatedly underscored the importance of involving parents and legally responsible adults in their children's court proceedings, reversing Family Court delinquency plea allocutions and dispositions where insufficient efforts had been made to notify them or, where noti- fied, to give them a reasonable opportunity to appear in court. See, e.g., Matter of Nikim M., 144 A.D.3d 424 (1st Dept., 2016); Matter of Alexander B., 126 A.D.3d 533 (1st Dept., 2015); Matter of John L., 125 A.D.2d 472 (2nd Dept., 1986); Matter of John D., 104 A.D.2d 885 (2nd Dept., 1984); Matter of Tracy B., 80 A.D.2d 792 (1St Dept., 1981); Matter of Smith, 21 A.D.2d 737 (4th Dept., 1964).
Incorporation of provisions similar to those applicable in Family Court regarding parental notification and engagement both in the adjustment and in the court process would significantly enhance the capacity of the newly created Youth Parts to meet their statutory goals of providing specialized treatment tailored to the needs and to the still-nascent capacities of adolescents.
This measure, which would have no meaningful fiscal impact on the State, would take effect on the first day of October, 2018.
Legislative history
None. New proposal.
{1} American Bar Association, IJA-ABA Juvenile Justice Standards Anno- tated: A Balanced Approach 2, 7, 9, 104, 122, 127, 130, 157 (1996).
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