Assembly Bill A10037

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

                                  10037

                          I N  A S S E M B L Y

                            February 26, 2010
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to  amend the family court act, in relation to providing that a
  person legally responsible for a child shall be found neglectful if he
  or she fails to provide a child with proper support when the child  is
  at risk of becoming a person in need of supervision

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

  Section 1. Paragraph (i) of subdivision (f) of  section  1012  of  the
family  court act is amended by adding a new subparagraph (C) to read as
follows:
  (C) IN PROVIDING THE CHILD WITH PROPER SUPPORT WHEN THE CHILD EXHIBITS
CONDUCT OR BEHAVIOR WHICH WOULD QUALIFY THAT CHILD AS AT RISK OF  BECOM-
ING  A PERSON IN NEED OF SUPERVISION AS DEFINED IN SECTION SEVEN HUNDRED
TWELVE OF THIS CHAPTER, BY FAILING TO SEEK OUT AND PROVIDE  PREVENTATIVE
SERVICES,  INCLUDING  SUPPORTIVE,  OR  REHABILITATION  SERVICES  FOR THE
PURPOSE OF AVERTING AN IMPAIRMENT OR DISRUPTION OF THE FAMILY WHICH WILL
OR COULD RESULT IN THE PLACEMENT OF THE CHILD IN FOSTER CARE,  INCLUDING
BUT  NOT  LIMITED  TO THOSE SERVICES PROVIDED BY THE LOCAL DEPARTMENT OF
SOCIAL SERVICES PURSUANT TO TITLE FOUR OF  ARTICLE  SIX  OF  THE  SOCIAL
SERVICES  LAW  AND  THE  REGULATIONS  OF  THE LOCAL DEPARTMENT OF SOCIAL
SERVICES PROMULGATED THEREUNDER; OR
  S 2. Section 1054 of the family court act is amended by adding  a  new
subdivision (c) to read as follows:
  (C) IF THE COURT MAKES A FINDING OF NEGLECT AS DEFINED IN SUBPARAGRAPH
(C)  OF  PARAGRAPH (I) OF SUBDIVISION (F) OF SECTION ONE THOUSAND TWELVE
OF THIS ARTICLE, THE COURT SHALL ORDER THE RESPONDENT TO  ABIDE  BY  THE
FOLLOWING  TERMS  AND  CONDITIONS  WHETHER  OR  NOT THE COURT PLACES THE
RESPONDENT UNDER THE SUPERVISION OF A CHILD PROTECTIVE AGENCY  OR  OF  A
SOCIAL SERVICES OFFICIAL OR DULY AUTHORIZED AGENCY:
  (I)  PROVIDE PROPER CARE AND SUPERVISION TO THE CHILD AND COOPERATE IN
OBTAINING, ACCEPTING OR ALLOWING MEDICAL  OR  PSYCHIATRIC  DIAGNOSIS  OR
TREATMENT, ALCOHOLISM OR DRUG ABUSE TREATMENT, COUNSELING OR CHILD GUID-
ANCE SERVICES FOR THE CHILD;

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

                                                           LBD15190-01-9

A. 10037                            2

  (II)  TAKE  PROPER  STEPS  TO INSURE THE CHILD'S REGULAR ATTENDANCE AT
SCHOOL; AND
  (III)  PARTICIPATE  IN PARENTING CLASSES FOR WHICH THE RESPONDENT MUST
SUBMIT PROOF OF COMPLETION TO THE COURT.
  S 3. Section 1072 of the family court act, as amended by chapter  1039
of  the laws of 1973, the opening paragraph as amended by chapter 437 of
the laws of 2006, is amended to read as follows:
  S 1072. Failure to comply with terms and  conditions  of  supervision.
If,  prior to the expiration of the period of an order of supervision OR
AN ORDER OF TERMS AND CONDITIONS WITHOUT SUPERVISION pursuant to section
one thousand fifty-four or one thousand fifty-seven of this  article,  a
motion  or  order  to  show cause is filed that alleges that a parent or
other person legally responsible for a child's care violated  the  terms
and  conditions  of  an order of supervision OR THE TERMS AND CONDITIONS
WITHOUT SUPERVISION issued under section one thousand fifty-four or  one
thousand  fifty-seven of this article, the period of the order of super-
vision shall be tolled pending disposition of the  motion  or  order  to
show cause. If, after hearing, the court is satisfied by competent proof
that the parent or other person violated the order of supervision OR THE
ORDER  OF TERMS AND CONDITIONS WITHOUT SUPERVISION willfully and without
just cause, the court may:
  (a) revoke the order of supervision, OF TERMS AND  CONDITIONS  WITHOUT
SUPERVISION  or  of  protection and enter any order that might have been
made at the time the order of supervision, OF TERMS AND CONDITIONS WITH-
OUT SUPERVISION or of protection was made, or
  (b) commit the parent or other person who willfully and  without  just
cause violated the order to jail for a term not to exceed six months.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.