Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to children and families |
Mar 07, 2011 |
referred to children and families |
Senate Bill S3831
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S3831 (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §417, Soc Serv L
- Versions Introduced in 2009-2010 Legislative Session:
-
S1281
2011-S3831 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3831 TITLE OF BILL: An act to amend the social services law, in relation to taking a child into protective custody on the basis of an allegation of a parent or guardian with Munchausen syndrome by proxy PURPOSE: To provide that a child shall not be taken into protective custody based on parent's Munchausen syndrome by proxy without a family court hearing. SUMMARY OF PROVISIONS: Section one of the bill amends subdivision 1 of section 417 of the social services Jaw to require that before a child can be taken into protective custody on the basis of an allegation that a parent or guardian has Munchausen syndrome by proxy (MSBP) a hearing must be held, with an opportunity for such parents or guardian to be heard, allowing the parent or guardian to present evidence, including expert testimony that they do not suffer from MSBP. The bill would also allow the child's pediatrician or primary care physician as a specialist to rebut the allegation at the hearing. Section two provides the effective date.
2011-S3831 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3831 2011-2012 Regular Sessions I N S E N A T E March 7, 2011 ___________ Introduced by Sen. JOHNSON -- 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, in relation to taking a child into protective custody on the basis of an allegation of a parent or guardian with Munchausen syndrome by proxy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 417 of the social services law is amended by adding two new paragraphs (c) and (d) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO CHILD SHALL BE TAKEN INTO PROTECTIVE CUSTODY PURSUANT TO THIS SECTION WHEN THE BASIS THEREOF IS AN ALLEGATION THAT A CUSTODIAL PARENT OR GUAR- DIAN HAS MUNCHAUSEN SYNDROME BY PROXY, UNLESS AND UNTIL A FAMILY COURT SHALL HAVE HELD A HEARING, WITH AN OPPORTUNITY FOR SUCH PARENT OR GUARD- IAN TO BE HEARD, AND SHALL HAVE FOUND REASONABLE CAUSE TO BELIEVE SUCH ALLEGATIONS ARE TRUE. THE PARENT OR GUARDIAN ALLEGED TO SUFFER FROM MUNCHAUSEN SYNDROME BY PROXY SHALL, AT ANY SUCH HEARING, BE ALLOWED TO PRESENT EVIDENCE, INCLUDING EXPERT TESTIMONY, THAT HE OR SHE DOES NOT SUFFER FROM SUCH SYNDROME. (D) IN ANY HEARING HELD PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, IF THE CHILD'S PEDIATRICIAN, PRIMARY CARE PHYSICIAN OR SPECIALIST CHARGED WITH TREATING SUCH CHILD DISPUTES THE ALLEGATION OF MUNCHAUSEN SYNDROME BY PROXY MADE AGAINST THE CHILD'S PARENT OR GUARDIAN, AND IF SUCH PHYSICIAN TESTIFIES, WHETHER BY AFFIDAVIT OR BEFORE THE COURT, THAT THE CHILD'S MEDICAL TREATMENT IN QUESTION OR THE CHILD'S COURSE OF TREATMENT IN GENERAL IS OR WAS NECESSARY FOR THE HEALTH AND WELL-BEING OF SUCH CHILD, THEN THE FAMILY COURT SHALL FIND THAT THE ALLEGATION OF MUNCHAUSEN SYNDROME BY PROXY HAS BEEN REBUTTED, AND SHALL NOT ENTER A FINDING OF ABUSE OR NEGLECT BASED UPON MUNCHAUSEN SYNDROME BY PROXY AGAINST THE CHILD'S PARENT OR GUARDIAN, AND SHALL NOT ORDER THAT THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07020-01-1
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