Modifies the existing exemption from requiring a determination of what constitutes prima facie evidence of neglect where a parent or guardian engages in substance abuse or substantial manifestation of irrationality but is voluntarily and regularly participating in a recognized rehabilitative program so as to require the parent or guardian to have voluntarily participated in and to have successfully completed such a program and to have been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date, before such exemption applies.
S T A T E O F N E W Y O R K
________________________________________________________________________
8942
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. WEPRIN, SCHIMMINGER, CANESTRARI -- Multi-Spon-
sored by -- M. of A. COLTON, FARRELL, GALEF, McENENY -- read once and
referred to the Committee on Children and Families
AN ACT to amend the family court act, in relation to modifying the
existing exemption from what constitutes prima facie evidence of child
neglect where a parent or guardian voluntarily participates in a
recognized rehabilitative program
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 (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] HAS voluntarily
[and regularly participating] PARTICIPATED in AND SUCCESSFULLY COMPLETED
a RECOGNIZED rehabilitative program AND HAS BEEN VERIFIABLY REHABILI-
TATED FOR AN UNINTERRUPTED PERIOD OF ONE YEAR IMMEDIATELY PRIOR TO THE
HEARING DATE, 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 establish 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 subdi-
vision]; or
S 2. Paragraph (iii) of subdivision (a) of section 1046 of the family
court act, as amended by chapter 984 of the laws of 1981, is amended to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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