Assembly Bill A4540

2009-2010 Legislative Session

Modifies exemption from determination of prima facie evidence of neglect where parent engages in substance abuse or substantial manifestation of irrationality

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Archive: Last Bill Status - In Assembly 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

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2009-A4540 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§1012 & 1046, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A4940, A8942
2013-2014: A735
2015-2016: A3076
2017-2018: A5489
2019-2020: A4305

2009-A4540 (ACTIVE) - Summary

Modifies the existing exemption from requiring a determination of what constitutes prima facie evidence of neglect where a parent or guardian engages in substance abuse or substantial manifestation of irrationality but is voluntarily and regularly participating in a recognized rehabilitative program so as to require the parent or guardian to have voluntarily participated in and to have successfully completed such a program and to have been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date, before such exemption applies.

2009-A4540 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4540

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. MAYERSOHN, SCHIMMINGER, CANESTRARI -- Multi-Spon-
  sored  by -- M. of A.  COLTON, DESTITO, DIAZ, FARRELL, GALEF, McENENY,
  WEPRIN -- read once and referred to  the  Committee  on  Children  and
  Families

AN  ACT  to  amend  the  family  court act, in relation to modifying the
  existing exemption from what constitutes prima facie evidence of child
  neglect where a parent  or  guardian  voluntarily  participates  in  a
  recognized rehabilitative program

  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] HAS voluntarily
[and regularly participating] PARTICIPATED in AND SUCCESSFULLY COMPLETED
a RECOGNIZED rehabilitative program AND HAS  BEEN  VERIFIABLY  REHABILI-
TATED  FOR  AN UNINTERRUPTED PERIOD OF ONE YEAR IMMEDIATELY PRIOR TO THE
HEARING DATE, 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 establish 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 THIS paragraph [(i) of this  subdi-
vision]; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04495-01-9

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