S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  6327
                            I N  S E N A T E
                            January 14, 2014
                               ___________
Introduced  by  Sen. MAZIARZ -- 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  the  definition
  of "abused child"
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Subdivision 4-b of section 371 of the social services  law,
as  added  by  chapter 782 of the laws of 1971, the opening paragraph as
amended by chapter 518 of the laws  of  1977,  is  amended  to  read  as
follows:
  4-b.  "Abused  child"  means  a  child less than eighteen years of age
whose parent or other person legally responsible for his care
  (i) inflicts or allows to be inflicted upon such child physical injury
by other than accidental means which causes  or  creates  a  substantial
risk  of  death,  or  serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or impair-
ment of the function of any bodily organ, OR THE IMPAIRMENT OF  PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (ii)  creates  or  allows to be created a substantial risk of physical
injury to such child by other than accidental means which would be like-
ly to cause death or serious or protracted disfigurement, or  protracted
impairment of physical or emotional health or protracted loss or impair-
ment  of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (iii) commits, or allows to be  committed,  an  act  of  sexual  abuse
against such child as defined in the penal law[.], OR
  (IV)  ALLOWS,  PERMITS  OR  ENCOURAGES SUCH CHILD TO ENGAGE IN ANY ACT
DESCRIBED IN SECTIONS 230.25, 230.30 AND 230.32 OF THE PENAL LAW, OR
  (V) COMMITS ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25,  255.26  AND
255.27 OF THE PENAL LAW, OR
  (VI) ALLOWS SUCH CHILD TO ENGAGE IN ACTS OR CONDUCT DESCRIBED IN ARTI-
CLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW PROVIDED, HOWEVER, THAT (A)
THE  CORROBORATION  REQUIREMENTS  CONTAINED IN THE PENAL LAW AND (B) THE
AGE REQUIREMENT FOR THE APPLICATION OF ARTICLE TWO  HUNDRED  SIXTY-THREE
OF SUCH LAW SHALL NOT APPLY TO PROCEEDINGS UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately.
              
             
                          
                 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13167-02-3