BILL NUMBER:A10829
TITLE OF BILL: An act to amend the social services law and the family
court act, in relation to the definition of a maltreated and neglected
child
PURPOSE OR GENERAL IDEA OF BILL: To include children born drug-dependent
and those whose parents cannot provide minimal care to their children
due to the drug or alcohol dependencies of such parents within the defi-
nition of an abused or maltreated child.
SUMMARY OF SPECIFIC PROVISIONS: This bill provides that children of
parents who abuse alcohol or drugs to the extent that they are incapable
-of providing minimal care to the children, and children who are born
drug-dependent as a result of drug abuse during pregnancy shall be
deemed maltreated and neglected.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends 412 of the
Social Services Law and 1012 of the Family Court Act.
JUSTIFICATION: This legislation is intended to ensure that the children
of drug and or alcohol dependent parents can be the subject of child
protective proceedings. The New York State Department of Social services
seems to feel that such children, particularly those suffering due to
the prenatal conduct of their mothers, cannot be deemed maltreated or
neglected under current statutes. This bill will establish, statutorily,
S T A T E O F N E W Y O R K
________________________________________________________________________
10829
I N A S S E M B L Y
April 23, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A.
BACALLES, BARRA, BURLING, BUTLER, CALHOUN, CONTE, CROUCH, FITZPATRICK,
KOLB, SAYWARD -- read once and referred to the Committee on Children
and Families
AN ACT to amend the social services law and the family court act, in
relation to the definition of a maltreated and neglected child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 412 of the social services law, as
amended by chapter 323 of the laws of 2008, is amended to read as
follows:
2. A "maltreated child" includes:
(a) a child under eighteen years of age not in "residential care" as
defined in subdivision four of section four hundred twelve-a of this
title:
(i) defined as a neglected child by the family court act, or
(ii) who has had serious physical injury inflicted upon him or her by
other than accidental means; or
(b) a child who is a neglected child in residential care as defined in
subdivision two of section four hundred twelve-a of this title;
(C) A CHILD OF A PARENT OR PARENTS WHO ABUSE A DRUG OR DRUGS OR ALCO-
HOL TO THE EXTENT THAT THEY ARE INCAPABLE OF PROVIDING MINIMAL CARE TO
THE CHILD OR, IF SUCH ABUSE OCCURRED DURING THE PREGNANCY, RESULTING IN
THE BIRTH OF A DRUG-DEPENDENT CHILD;
S 2. 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;
INCLUDING THE MISUSE OF A DRUG OR DRUGS OR ALCOHOL DURING THE PREGNANCY
OF THE MOTHER, RESULTING IN THE BIRTH OF A DRUG-DEPENDENT CHILD; or by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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