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Assembly Bill A9883

2009-2010 Legislative Session

Relates to child welfare

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Archive: Last Bill Status - In Assembly Committee

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2009-A9883 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Add Art 1 ยง19, Constn

2009-A9883 (ACTIVE) - Summary

Relates to child welfare.

2009-A9883 (ACTIVE) - Sponsor Memo

2009-A9883 (ACTIVE) - Bill Text download pdf 

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

                                  9883

                          I N  A S S E M B L Y

                            February 5, 2010
                               ___________

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

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to article 1 of the constitution, in relation  to
  child welfare

  Section  1.    Resolved  (if the Senate concur), That article 1 of the
constitution be amended by adding a new section 19 to read as follows:
  S 19. IN ALL ACTIONS CONCERNING CHILDREN, WHETHER UNDERTAKEN BY PUBLIC
OR PRIVATE SOCIAL WELFARE INSTITUTIONS, COURTS  OF  LAW,  ADMINISTRATIVE
AUTHORITIES OR THE LEGISLATURE, THE BEST INTERESTS OF THE CHILD SHALL BE
A NECESSARY CONSIDERATION.
  THE  STATE  SHALL  TAKE  APPROPRIATE  MEASURES  TO ENSURE THE CHILD IS
PROTECTED AGAINST ALL FORMS OF DISCRIMINATION AS  CONTAINED  IN  SECTION
ELEVEN OF THIS ARTICLE.
  THE STATE SHALL ENSURE THE CHILD SUCH PROTECTION AND CARE AS IS NECES-
SARY  FOR  THE  CHILD'S  WELL-BEING,  TAKING INTO ACCOUNT THE RIGHTS AND
DUTIES OF THE CHILD'S PARENTS, LEGAL  GUARDIANS,  OR  OTHER  INDIVIDUALS
LEGALLY RESPONSIBLE FOR THE CHILD AND, TO THIS END, SHALL TAKE APPROPRI-
ATE LEGISLATIVE AND ADMINISTRATIVE MEASURES.
  THE  STATE SHALL ENSURE THAT THE INSTITUTIONS, SERVICES AND FACILITIES
RESPONSIBLE FOR THE CARE AND PROTECTION OF CHILDREN SHALL  CONFORM  WITH
THE  STANDARDS ESTABLISHED BY COMPETENT AUTHORITIES, PARTICULARLY IN THE
AREAS OF SAFETY, HEALTH, NUMBER AND  SUITABILITY  OF  THEIR  STAFF,  AND
COMPETENT SUPERVISION.
  THE STATE SHALL RECOGNIZE THE RIGHT OF THE CHILD TO EXPRESS HIS OR HER
OPINION  FREELY  IN  ALL  MATTERS  AFFECTING THE CHILD, THE VIEWS OF THE
CHILD BEING GIVEN DUE WEIGHT IN ACCORDANCE WITH THE AGE AND MATURITY  OF
THE  CHILD.  FOR  THIS PURPOSE THE CHILD SHALL IN PARTICULAR BE PROVIDED
THE  OPPORTUNITY  TO  BE  HEARD  IN  ANY  JUDICIAL  AND   ADMINISTRATIVE
PROCEEDINGS AFFECTING THE CHILD, EITHER DIRECTLY OR THROUGH AN APPROPRI-
ATE REPRESENTATIVE.
  THE  STATE  SHALL  TAKE  ALL  APPROPRIATE LEGISLATIVE, ADMINISTRATIVE,
SOCIAL AND EDUCATIONAL MEASURES TO PROTECT THE CHILD FROM ALL  FORMS  OF
PHYSICAL  AND MENTAL ABUSE, NEGLECT OR NEGLIGENT TREATMENT, MALTREATMENT

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

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