Res. No. 1772
Resolution calling on the New York State Senate to pass and the Governor to sign S.1416, which would establish child-sensitive arrest policies and procedures.
By Council Members Williams, Chin, Comrie, Eugene, James, Mendez, Palma, Rose and Wills
Whereas, Witnessing an arrest can have a severe psychological impact on a child, which could lead to emotional distress such as anxiety, confusion, anger, and sadness; and
Whereas, Most children do not talk about their experience and may develop negative associations of law enforcement or figures of authority as a result of their traumatic experience; and
Whereas, According to a 2010 report on arrest protocols, when examining the relationship between witnessing arrests and elevated symptoms of post-traumatic stress, children who witnessed the arrest of someone in their household and had a parent who was recently arrested were 72% more likely to have elevated post-traumatic stress symptoms than children who did not have an arrested parent and had never witnessed an arrest; and
Whereas, In an effort to prevent post-traumatic stress symptoms in children, S.1416, currently pending in the New York State Senate, seeks to amend the New York State Executive Law and the Criminal Procedure Law, in relation to developing and instituting child-sensitive arrest policies and procedures; and
Whereas, S.1416 would amend the New York State Executive Law by requiring the superintendent of the New York State Police, in consultation with the New York State Office of Child and Family Services and the New York State Division of Criminal Justice Services, to maintain and disseminate written policies and procedures regarding child-sensitive arrest practices; and
Whereas, These policies would include, but are not limited to (i) inquiring whether an arrestee is charged with the care or custody of a child; (ii) allowing for the arrangement of temporary care for the child; (iii) education on how witnessing violence causes emotional harm to children and how law enforcement can minimize the impact of such harm; and (iv) information on the availability of access to community-based providers of crisis intervention, child protection, and other resources that could aid the child; and
Whereas, S.1416 would amend the New York State Criminal Procedure Law by requiring that state and local law enforcement officers who are arresting an individual inquire at the time of the arrest whether the individual is a parent, guardian, or person legally charged with the care or custody of a minor child who may be at risk as a result of the arrest; and
Whereas, A.1507, the companion bill to S.1416, passed the New York State Assembly on March 13, 2013 and was sent to the New York State Senate on the same day; and
Whereas, S.1416 would help to minimize child trauma and out of home placements as well as help prevent the development of negative associations with law enforcement or figures of authority; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Senate to pass and the Governor to sign S.1416, which would establish child-sensitive arrest policies and procedures.
WJH
LS 4491
5/6/13