Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to children and families |
Jan 31, 2011 |
referred to children and families |
Senate Bill S2738
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S2738 (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Law Section:
- Family Court Act
- Laws Affected:
- Amd ยงยง1012, 1946 & 1052, Fam Ct Act
2011-S2738 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2738 TITLE OF BILL: An act to amend the family court act, in relation to evidence of child neglect where the respondent is voluntarily and regularly participating in a recognized drug rehabilitation program and requiring enrollment in rehabilitative programs PURPOSE: To make enrollment in a drug program a factor at the dispositional phase of a child neglect proceeding rather than an affirmative defense to a finding of neglect. SUMMARY OF PROVISIONS: Section one amends subparagraph (B) of paragraph (i) of subdivision (f) of section 1012 of the Family Court Act to delete the language related to participation in a rehabilitation program, together with the presumption related to participation in such program. Section two amends paragraph (iii) of subdivision (a) of section 1046 of the Family Court Act to delete the language related to the exception provided by participation in a rehabilitation program. Section three adds a new subdivision (d) to section 1052 of the Family
2011-S2738 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2738 2011-2012 Regular Sessions I N S E N A T E January 31, 2011 ___________ Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to evidence of child neglect where the respondent is voluntarily and regularly participat- ing in a recognized drug rehabilitation program and requiring enroll- ment in rehabilitative programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (B) of paragraph (i) of subdivision (f) of section 1012 of the family court act, as amended by chapter 984 of the laws of 1981, is amended to read as follows: (B) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substan- tial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court[; provided, however, that where the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not estab- lish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as set forth in paragraph (i) of this subdivision]; or S 2. Paragraph (iii) of subdivision (a) of section 1046 of the family court act, as amended by chapter 984 of the laws of 1981, is amended to read as follows: (iii) proof that a person repeatedly misuses a drug or drugs or alco- holic beverages, to the extent that it has or would ordinarily have the effect of producing in the user thereof a substantial state of stupor, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05322-01-1
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