NY State Senate Bill 2009-S1281

Senate Bill S1281

2009-2010 Legislative Session

Provides that a child shall not be taken into protective custody based on parent's Munchausen syndrome by proxy without a family court hearing thereon

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Jan 28, 2009	referred to children and families

2009-S1281 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §417, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: S3831

2009-S1281 (ACTIVE) - Summary

Provides that a child shall not be taken into protective custody based on an allegation that a custodial parent or guardian suffers from Munchausen syndrome by proxy without a family court hearing on such allegations.

2009-S1281 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1281

 TITLE OF BILL :
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


 PURPOSE :
To provide that a child shall not be taken into protective custody
based on parent's Munchausen syndrome by proxy without a family court
hearing.

 SUMMARY OF PROVISIONS :
This bill would require that before a child can be taken into
protective custody on the basis of an allegation that a parent or
guardian has Munchausen syndrome by proxy (MSBP), a hearing must be
held, with an opportunity for such parents or guardian to be heard,
allowing the parent or guardian to present evidence, including expert
testimony that they do not suffer from MSBP.

The bill would also allow the child's pediatrician or primary care
physician a specialist to rebut the allegation at the hearing.

 EXISTING LAW :
New Bill.

 JUSTIFICATION :
Munchausen Syndrome By Proxi (MSBP), a form of child abuse played out
in the medical setting, was originally described by English
pediatrician Roy Meadow, in 1977. By 1995, to his surprise, MSBP had
become so popular that Meadow admitted that the diagnosis had been
overused and misunderstood by some social workers and legal
professionals. After 30 years of clinical and legal experience, the
definition of MSBP remains controversial. As a result, mothers who
present the problem of their children in ways perceived as unusual or
problematic have become entangled in legal battles that should have
been resolved clinically. Loren Pankratz, PhD, an expert on the
diagnosis of MSBP published an article in the American Academy of
Psychiatric Law providing that the "medical literature on MSBP often
mentions false accusations or the possibility of false accusations,
but does not convey the prevalence of these misunderstandings or the
devastating consequences of a wrong diagnosis". That in case after
case "experts disagree about how to define and confirm MSBP."
Consequently, even though there is very little consensus on the
diagnosis of MSBP, children are removed from their family homes based
upon such diagnosis prior to a formal hearing taking place. This leads
to children being separated from their mothers and fathers, in some
cases for long periods of time, which, may be very harmful to the
child being removed. This bill would require a formal hearing prior to
removal in the case of an allegation of MSBP.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, and shall apply to any child
in protective custody on or after such effective date.

2009-S1281 (ACTIVE) - Bill Text download pdf

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

                                  1281

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

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
FINDING OF ABUSE OR NEGLECT BASED  UPON  MUNCHAUSEN  SYNDROME  BY  PROXY
AGAINST  THE  CHILD'S  PARENT  OR GUARDIAN, AND SHALL NOT ORDER THAT THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06096-01-9

S. 1281                             2

CHILD BE  TAKEN  INTO  PROTECTIVE  CUSTODY  FOR  REASONS  OF  MUNCHAUSEN
SYNDROME BY PROXY.
  S  2.  This  act shall take effect immediately, and shall apply to any
child in protective custody on or after such effective date.

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