S T A T E   O F   N E W   Y O R K
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                                 6159--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M. of A. TITUS, SCARBOROUGH -- read once and referred to
  the Committee on Social Services -- recommitted to  the  Committee  on
  Social  Services in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to amend the social services law, in relation to taking a child
  into protective custody on the basis of an allegation of a  parent  or
  guardian with Munchausen syndrome by proxy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 417 of the social services law  is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, NO
CHILD SHALL BE TAKEN INTO PROTECTIVE CUSTODY PURSUANT  TO  THIS  SECTION
WHEN THE BASIS THEREOF IS AN ALLEGATION THAT A CUSTODIAL PARENT OR GUAR-
DIAN  HAS  MUNCHAUSEN SYNDROME BY PROXY, UNLESS AND UNTIL A FAMILY COURT
SHALL HAVE HELD A HEARING, WITH AN OPPORTUNITY FOR SUCH PARENT OR GUARD-
IAN TO BE HEARD, AND SHALL HAVE FOUND REASONABLE CAUSE TO  BELIEVE  SUCH
ALLEGATIONS  ARE  TRUE.  THE  PARENT  OR GUARDIAN ALLEGED TO SUFFER FROM
MUNCHAUSEN SYNDROME BY PROXY SHALL, AT ANY SUCH HEARING, BE  ALLOWED  TO
PRESENT  EVIDENCE,  INCLUDING  EXPERT TESTIMONY, THAT HE OR SHE DOES NOT
SUFFER FROM SUCH SYNDROME.
  (D) IN ANY HEARING HELD PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
IF THE  CHILD'S  PEDIATRICIAN,  PRIMARY  CARE  PHYSICIAN  OR  SPECIALIST
CHARGED  WITH  TREATING SUCH CHILD DISPUTES THE ALLEGATION OF MUNCHAUSEN
SYNDROME BY PROXY MADE AGAINST THE CHILD'S PARENT OR  GUARDIAN,  AND  IF
SUCH PHYSICIAN TESTIFIES, WHETHER BY AFFIDAVIT OR BEFORE THE COURT, THAT
THE  CHILD'S  MEDICAL  TREATMENT  IN  QUESTION  OR THE CHILD'S COURSE OF
TREATMENT IN GENERAL IS OR WAS NECESSARY FOR THE HEALTH  AND  WELL-BEING
OF  SUCH  CHILD, THEN THE FAMILY COURT SHALL FIND THAT THE ALLEGATION OF
MUNCHAUSEN SYNDROME BY PROXY HAS BEEN REBUTTED, AND SHALL  NOT  ENTER  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06096-02-9
              

A. 6159--A                          2

FINDING  OF  ABUSE  OR  NEGLECT  BASED UPON MUNCHAUSEN SYNDROME BY PROXY
AGAINST THE CHILD'S PARENT OR GUARDIAN, AND SHALL  NOT  ORDER  THAT  THE
CHILD  BE  TAKEN  INTO  PROTECTIVE  CUSTODY  FOR  REASONS  OF MUNCHAUSEN
SYNDROME BY PROXY.
  S  2.  This  act  shall  take  effect  immediately, provided that such
provisions shall apply to any child in protective custody  on  or  after
such effective date.