What's happening
This bill requires legal representation for parents in family court cases and mandates video recording of all child protective services interactions with children.
Why it matters
Guaranteeing legal representation for all parents in family court proceedings could reduce disparities in outcomes, especially for low-income or otherwise disadvantaged parents who might not otherwise afford an attorney. This may lead to fairer hearings and potentially fewer wrongful removals of children from their families.
Requiring assigned counsel even before petitions are filed or during courthouse intake means parents gain legal support at the earliest stages of state intervention. This could help parents better understand their rights and options from the outset, possibly preventing escalation or procedural mistakes.
Mandating video recording of all child protective services interactions with children introduces a new layer of accountability and evidence. This may help protect both children and caseworkers from false allegations and offer clearer records for judicial review, but could also raise privacy concerns for families and children involved.
By standardizing these practices statewide and within New York City, the bill aims to create more consistent procedures in sensitive child welfare matters. This could improve public trust in the system, but may also require significant investment in training, equipment, and data management to implement effectively.
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Who cares
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Record CPS Visits, Mandate Lawyers
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History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
726
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Children and Families
AN ACT to amend the family court act, in relation to requiring that attorneys be available to parents of minors involved in a family court proceeding; and to amend the social services law and the New York city charter, in relation to requiring that all interactions with children by child protective services and the administration for children's services are videotaped
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 2 of the family court act is amended by adding a new part 7 to read as follows:
PART 7
ATTORNEYS FOR PARENTS Section 270. Attorneys for parents.
§ 270. Attorneys for parents. Parents of minors who are the subject of family court proceedings or appeals in proceedings originating in the family court should be represented by counsel of their own choosing or, if a parent or parents so choose not to hire counsel on their own, then counsel shall be assigned to them. Such representation of counsel shall be available or assigned to parents throughout proceedings in their entirety, including, but not limited to, before a petition is filed, at arraignment proceedings, and throughout the courthouse intake process.
§ 2. The social services law is amended by adding a new section 422-d to read as follows:
§ 422-d. Video monitoring of interaction with children. The office of children and family services shall ensure that all interactions between members of child protective services and the children they are assigned to investigate or work with shall be recorded on video, in order to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02292-01-5
promote accountability and transparency in the investigations and proceedings conducted by child protective services.
§ 3. The New York city charter is amended by adding a new section 619 to read as follows:
§ 619. Video monitoring of interaction with children. The commissioner shall ensure all interactions between members of the administration for children's services and the children they are assigned to investigate or work with shall be recorded on video, in order to promote accountability and transparency in the investigations and proceedings conducted by the administration.
§ 4. This act shall take effect immediately.
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.