What's happening
This bill prohibits interviewing a child about abuse or neglect in the presence of the person accused in the report.
Why it matters
Aims to protect children’s psychological safety. during investigations by ensuring they are not questioned about abuse or neglect with the alleged perpetrator present, which can reduce intimidation and help children speak more freely.
Could improve the accuracy and reliability of child interviews. , as children may be more likely to disclose important information when not under the influence or pressure of the accused individual.
Aligns investigative procedures with best practices in child welfare. , reflecting recommendations by experts who emphasize the importance of minimizing trauma and coercion during sensitive interviews.
May impact the rights of accused individuals. by restricting their presence during key parts of the investigation, potentially balancing due process with child protection priorities.
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Headline styles
Bar Child Interviews With Accused
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to children and families
- Referred to children and families
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.
Interview Kids Without Suspects Present
In Senate Committee · Children And Families · Sponsor Timothy M. Kennedy
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6800
2019-2020 Regular Sessions
IN ASSEMBLY
March 20, 2019
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the interviewing of children in the presence of other persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 6 of section 424 of the social services law, as amended by chapter 281 of the laws of 2017, is amended to read as follows:
(a) upon receipt of such report, commence or cause the appropriate society for the prevention of cruelty to children to commence, within twenty-four hours, an appropriate investigation which shall include an evaluation of the environment of the child named in the report and any other children in the same home and a determination of the risk to such children if they continue to remain in the existing home environment, as well as a determination of the nature, extent and cause of any condition enumerated in such report and the name, age and condition of other children in the home, and, after seeing to the safety of the child or children, forthwith notify the subjects of the report and other persons named in the report in writing of the existence of the report and their respective rights pursuant to this title in regard to amendment. Notwithstanding any other provision of law, the subject child of such a report shall not be interviewed in the presence of the subject of the report;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03588-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.