S T A T E O F N E W Y O R K
________________________________________________________________________
1437
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT, GOTTFRIED -- Multi-Sponsored by -- M. of
A. J. RIVERA -- 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 neglected child
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 4-a of
section 371 of the social services law, 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 voluntarily and
regularly participating in a rehabilitative program, 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 estab-
lish 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 subdivision], AND PROVIDED FURTHER,
THAT A CHILD SHALL NOT BE FOUND TO BE A NEGLECTED CHILD AS A RESULT OF
DOMESTIC VIOLENCE BY THE VICTIM OF THE DOMESTIC VIOLENCE UNLESS THE
CHILD WAS PRESENT DURING THE DOMESTIC VIOLENCE, IT IS ESTABLISHED BY
EXPERT TESTIMONY THAT THE CHILD WAS HARMED BY THE DOMESTIC VIOLENCE, THE
VICTIM WAS PROVIDED WITH PREVENTIVE SERVICES INCLUDING, BUT NOT LIMITED
TO, REMOVAL OF THE BATTERER, ARREST AND PROSECUTION OF THE BATTERER,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00103-01-9
A. 1437 2
PROVISION OF SAFE HOUSING AND ALTERNATIVE FINANCIAL SUPPORT, AND THE
VICTIM FAILED TO UTILIZE SUCH SERVICES; or
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; or by
any other acts of a similarly serious nature requiring the aid of the
court; provided, however, that where the respondent is voluntarily and
regularly participating in a rehabilitative program, 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 estab-
lish 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 subdivision], AND PROVIDED FURTHER,
THAT A CHILD SHALL NOT BE FOUND TO BE A NEGLECTED CHILD AS A RESULT OF
DOMESTIC VIOLENCE BY THE VICTIM OF THE DOMESTIC VIOLENCE UNLESS THE
CHILD WAS PRESENT DURING THE DOMESTIC VIOLENCE, IT IS ESTABLISHED BY
EXPERT TESTIMONY THAT THE CHILD WAS HARMED BY THE DOMESTIC VIOLENCE, THE
VICTIM WAS PROVIDED WITH PREVENTIVE SERVICES INCLUDING, BUT NOT LIMITED
TO, REMOVAL OF THE BATTERER, ARREST AND PROSECUTION OF THE BATTERER,
PROVISION OF SAFE HOUSING AND ALTERNATIVE FINANCIAL SUPPORT, AND THE
VICTIM FAILED TO UTILIZE SUCH SERVICES; or
S 3. This act shall take effect immediately.