| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to children and families |
| Apr 27, 2009 |
referred to children and families |
Senate Bill S5032
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
Actions
co-Sponsors
(D, WF) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D, WF) Senate District
2009-S5032 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1437
- Current Committee:
- Senate Children And Families
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §371, Soc Serv L; amd §1012, Fam Ct Act
2009-S5032 (ACTIVE) - Summary
Amends the definition of a neglected child to provide that a child shall not be found to be neglected solely as the result of domestic violence unless the child was present during the domestic violence, expert testimony established that the child was harmed and the victim was provided with preventive services but failed to utilize such services.
2009-S5032 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5032
TITLE OF BILL : An act to amend the social services law and the
family court act, in relation to the definition of a neglected child
PURPOSE OR GENERAL IDEA OF BILL : To amend the Family Court Act to
prevent the unnecessary removal and placement of children into foster
care when the custodial parent or the legal guardian is a victim of
domestic violence, and there is no evidence of neglect by the battered
custodian.
SUMMARY OF SPECIFIC PROVISIONS : Sections 1-3 amend the Family Court
Act by adding an identical paragraph to section 1022, section 1024 and
section 1028. The amendment establishes a rebuttable presumption that
a parent or person legally responsible for a child is a fit parent or
custodian able to safely raise his/her child. The amendment clarifies
that an allegation made to the court, or a finding made by the court,
that the child's custodial parent or the person legally responsible
for the child is a victim of domestic violence shall be insufficient
evidence for the court to determine that the child is at imminent risk
of harm, and should therefore be removed from his or her battered
parent or custodian.
Sections 4 and 5 amend section 371 of the social services law and
section 1012 of the family court act respectively. The amendment
expands the definition of a neglected child to exclude a child of a
2009-S5032 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5032
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. HASSELL-THOMPSON -- 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 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
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