January 04, 2017 Change to Regulations Regarding CPS Student Interviews at School
KEEPING YOU INFORMED…
On June 30, 2016, we wrote to advise you about the New York State Office of Children and Family Services’ adoption of emergency regulations relating to the interview of students without parental permission or a court order. A copy of that memo is attached for your convenience. Those regulations, which amended 18 NYCRR § 432.3, became effective on May 23, 2016.
Pursuant to the emergency regulations, Child Protective Services (“CPS”) employees could be required to provide “identification” before being permitted to conduct interviews with students. At the urging of CPS employees, and in an effort to avoid anyone having the personal contact information of any CPS employee, these regulations have recently been amended to provide that CPS employees may only be required to show “photographic employment identification” establishing that the individual seeking to conduct the interview is, in fact, a CPS employee.
The amendment to the emergency regulations had immediate effect. For this reason, you should be aware that, when CPS employees arrive on school grounds to conduct interviews, the school is permitted only to ask for “photographic employment identification.” If your policies or procedures do not comply with this new regulation, they must be amended immediately.
If you have questions regarding these regulations or questions about your school’s policies or procedures regarding requests for identification from CPS employees, please contact Matthew J. Mehnert at mjm@lambbarnosky.com or one of our other attorneys.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2017