What's happening
This bill prohibits interviewing a child abuse subject child in the presence of the alleged abuser during investigations.
Why it matters
Separation protects the child's emotional safety. By banning interviews with the subject child in the presence of the alleged abuser, this law aims to reduce intimidation, fear, or manipulation that could prevent children from speaking honestly.
Improves quality and reliability of investigations. Interviewing children away from the accused creates better conditions for investigators to get accurate, uncoerced accounts, which can be critical in substantiating or dismissing abuse allegations.
Shifts power dynamics in child protection. The change recognizes the influence an alleged abuser might exert simply by being present, and prioritizes the child’s voice and well-being in the investigative process.
Aligns with best practices in child welfare. The amendment brings New York law in line with established protocols in forensic interviewing and child advocacy, reflecting growing understanding of trauma-informed approaches.
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Who cares
Headline styles
Interview Kids Without Suspects Present
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to children and families
- Returned to senate
- Died in assembly
- Referred to children and families
- Delivered to assembly
- Passed senateVote 49–13
- Advanced to third reading
- 2nd report cal.
- 1st report cal.133
- 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.
Bar Child Interviews With Accused
In Assembly Committee · Children And Families · Sponsor Crystal Peoples-Stokes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
588
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. KENNEDY, BRESLIN -- 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 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.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the interviewing of children in the presence of other persons
Purpose or general idea of bill
The purpose of this bill is to prevent children from being interviewed by Child Protective Services workers, in the presence of others.
Summary of specific provisions
Amends social services law, in relation to the interviewing of children in the presence of the subject of the report.
Justification
Interviewing a child, who is sustaining abuse, in front of their parent or guardian who is also the subject of the report of abuse or maltreat- ment, may substantially inhibit them from speaking out against a perpe- trator for fear of retribution. Unfortunately, in the majority of cases of founded reports of child abuse, a parent or guardian, rather than a stranger, is at fault.
When a child is interviewed in front of their alleged abuser, especially if that alleged abuser is a parent or guardian, they may be coached to say something, or may not feel as if they can speak openly or honestly, out of fear for their own safety. Amending the social services law to state that children, in Child Protective Services investigations, may not be interviewed in the presence of another individual, who has been named in the report of suspected abuse or neglect, will help enable a Child Protective Services worker to fully carry out their job, and will garner a more meaningful interview.
Prior legislative history
2013-14: S.6341A Referred to Children and Families
A3026 of 2016
2017-18: S.2990/A.2331
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.