|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 15, 2014||referred to children and families|
senate Bill S6342
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6342 - Details
- See Assembly Version of this Bill:
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §1012, Fam Ct Act; amd §371, Soc Serv L
S6342 - Sponsor Memo
BILL NUMBER:S6342 TITLE OF BILL: An act to amend the family court act and the social services law, in relation to the infliction of excessive corporal punishment on a child PURPOSE: This bill reclassifies excessive corporal punishment of a child as abuse, rather than neglect and thus, subjects more child protective services cases to further scrutiny to ensue the safety of New York's children. SUMMARY OF PROVISIONS: Section 1: adds excessive corporal punishment to the definition of abuse in section 1012 of the family court act. Section 2: removes excessive corporal punishment from the definition of neglect in section 1012 of the family court act. Section 3: removes excessive corporal punishment from the definition of neglect from subparagraph (B) of paragraph (i) of subdivision 4-a of section 371 of the social services law Section 4: adds a new paragraph (iv) to subdivision 4-b of section 371
S6342 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6342 A. 8428 S E N A T E - A S S E M B L Y January 15, 2014 ___________ IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Children and Families IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act and the social services law, in relation to the infliction of excessive corporal punishment on a child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (iii) of subdivision (e) of section 1012 of the family court act, as amended by chapter 320 of the laws of 2006, is amended and a new paragraph (iv) is added to read as follows: (iii) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law; 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; commits any of the acts described in sections 255.25, 255.26 and 255.27 of the penal law; or allows such child to engage in acts or conduct described in article 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[.], OR (IV) INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL PUNISHMENT UPON SUCH CHILD. S 2. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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