Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 23, 2014 |
referred to children and families |
Senate Bill S7060
2013-2014 Legislative Session
Sponsored By
(D) 22nd 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
co-Sponsors
(R, C, IP) Senate District
2013-S7060 (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §371, Soc Serv L; amd §1012, Fam Ct Act
- Versions Introduced in 2013-2014 Legislative Session:
-
S7060
2013-S7060 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7060 TITLE OF BILL: An act to amend the social services law and the family court act, in relation to a presumption of neglect against a child in certain circumstances PURPOSE: To protect children from the hazards of early exposure to drugs by making it clear that a finding of neglect can be based upon a positive toxicology report in the blood or urine of a new born. SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 4-a of section 371 of the Social Services Law by adding a new paragraph (iii). Section 2 of the bill amends subdivision (f) of section 1012 of the Family Court Act by adding a new paragraph (iii) in which each section establishes a presumption that a child's physical, mental or emotional condition has been impaired or is in imminent danger of being impaired when a newborn child's blood or urine tests positive for a controlled substance as such term is defined in subdivision 5 of section 220 of the penal law. The bill contains an exemption for drugs prescribed by a physician.
2013-S7060 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7060 I N S E N A T E April 23, 2014 ___________ Introduced by Sens. FELDER, GOLDEN -- 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 a presumption of neglect against a child in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (ii) of subdivision 4-a of section 371 of the social services law, as added by chapter 782 of the laws of 1971, is amended and a new paragraph (iii) is added to read as follows: (ii) who has been abandoned by his parents or other person legally responsible for his OR HER care[.]; OR (III) IN THE CASE OF A NEWBORN, IF IT IS ESTABLISHED THROUGH TESTS OF SUCH CHILD'S BLOOD OR URINE OR THROUGH SIMILAR TESTS OF THE NEWBORN CHILD THAT SUCH CHILD WAS EXPOSED TO CONTROLLED SUBSTANCES, AS DEFINED IN SUBDIVISION FIVE OF SECTION 220.00 OF THE PENAL LAW, THAT WERE NOT PRESCRIBED BY A PHYSICIAN, THERE SHALL BE A PRESUMPTION THAT SUCH CHILD'S PHYSICAL, MENTAL OR EMOTIONAL CONDITION HAS BEEN IMPAIRED OR IS IN IMMINENT DANGER OF BECOMING IMPAIRED AS A RESULT OF THE FAILURE OF SUCH CHILD'S MOTHER TO EXERCISE THE LEGALLY REQUIRED DEGREE OF CARE. S 2. Paragraph (ii) of subdivision (f) of section 1012 of the family court act, as amended by chapter 666 of the laws of 1976, is amended and a new paragraph (iii) is added to read as follows: (ii) who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of section three hundred eighty-four-b of the social services law, by his parents or other person legally responsible for his OR HER care[.]; OR (III) IN THE CASE OF A NEWBORN, IF IT IS ESTABLISHED THROUGH TESTS OF SUCH CHILD'S BLOOD OR URINE OR THROUGH SIMILAR TESTS OF THE NEWBORN CHILD THAT SUCH CHILD WAS EXPOSED TO CONTROLLED SUBSTANCES, AS DEFINED IN SUBDIVISION FIVE OF SECTION 220.00 OF THE PENAL LAW, THAT WERE NOT PRESCRIBED BY A PHYSICIAN, THERE SHALL BE A PRESUMPTION THAT SUCH CHILD'S PHYSICAL, MENTAL OR EMOTIONAL CONDITION HAS BEEN IMPAIRED OR IS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.