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Senate Bill S7060

2013-2014 Legislative Session

Relates to a presumption of neglect against a child in certain circumstances

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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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

2013-S7060 (ACTIVE) - Summary

Establishes a presumption that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired when a newborn child's blood or urine tests positive for a controlled substance.

2013-S7060 (ACTIVE) - Sponsor Memo

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.

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