What's happening
This bill allows school administrators to temporarily retain custody of suspected abused or maltreated children until authorities arrive.
Why it matters
Strengthens child protection at schools. By letting school administrators retain custody of a child they suspect is being abused or maltreated, the bill empowers schools to act quickly to prevent immediate harm while waiting for authorities.
Addresses gaps in emergency response. The amendment allows for swift, on-site intervention if a school official has reasonable cause to believe returning a child home poses imminent danger, potentially reducing the risk of further abuse during the critical window before law enforcement or child protective services arrive.
Raises stakes and responsibilities for school staff. This change places significant responsibility on school administrators to assess risk and make urgent decisions, which could require additional training and clear protocols to ensure proper judgment and to protect the rights and welfare of both children and families.
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Who cares
Headline styles
School Officials Hold At-Risk Kids
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
504
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. PALUMBO -- 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 authorizing school officials to temporarily retain custody of a suspected abused or maltreated child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 417 of the social services law is amended by adding a new subdivision 2-a to read as follows:
2-a. Notwithstanding any other provision of law, a school administrator may, where such person has reasonable cause to believe that the circumstances or conditions of the child are such that continuing in the child's place of residence or in the care and custody of the parent, guardian, custodian or other person responsible for the child's care presents an imminent danger to the child's life or health, take all necessary measures to protect the child including, where appropriate, retaining custody of a suspected abused or maltreated child at the school or an appropriate educational facility, until a law enforcement officer or a child protection service official takes custody of the child or makes an initial determination that the child may safely be returned to the custody of the parent, guardian, custodian or other person responsible for the child's care.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02155-01-5
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 authorizing school officials to temporarily retain custody of a suspected abused or maltreated child
Purpose
To allow school officials to retain a child when abuse or neglect is suspected.
Summary of provisions
Section 1. Section 417 of the social services law is amended by adding a new subdivision 2-a which will authorize school. officials to retain a student when abuse or neglect is suspected until such time a member of Child Protection Services or law enforcement takes custody and can decide that the child may be returned home.
Justification
Too many children are falling through the cracks when it comes to being protected from abuse and neglect. We must do more. This bill adds anoth- er level of protection when it comes to school officials. Many times, teachers, guidance counselors or other school officials will become aware of a child being abused but their hands are tied. This bill gives them the authority to retain the child until Child Protection Services or law enforcement can step in, take custody and evaluate the situation. The child will be returned to the guardian when it is deemed safe.
Legislative history
2024 S.8753
Fiscal implications
EFFECTIVE DATE: Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.