senate Bill S2738

2011-2012 Legislative Session

Relates to evidence of child neglect where respondent is enrolled in drug rehabilitation program

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
Jan 31, 2011 referred to children and families

S2738 - Details

Law Section:
Family Court Act
Laws Affected:
Amd ยงยง1012, 1946 & 1052, Fam Ct Act

S2738 - Summary

Relates to evidence of child neglect where respondent is enrolled in drug rehabilitation program.

S2738 - Sponsor Memo

S2738 - Bill Text download pdf

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

                                  2738

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation to evidence  of  child
  neglect  where the respondent is voluntarily and regularly participat-
  ing in a recognized drug rehabilitation program and requiring  enroll-
  ment in rehabilitative programs

  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 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 paragraph (i) of this subdivision]; 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:
  (iii)  proof that a person repeatedly misuses a drug or drugs or alco-
holic beverages, to the extent that it has or would ordinarily have  the
effect  of  producing in the user thereof a substantial state of stupor,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05322-01-1

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