senate Bill S6375

2013-2014 Legislative Session

Broadens the scope of child abuse and neglected child to include proof of a positive controlled substance toxicology report on a newborn infant

download bill text pdf

Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 referred to children and families

S6375 - Details

See Assembly Version of this Bill:
Law Section:
Social Services Law
Laws Affected:
Amd §371, Soc Serv L; amd §§1012, 1028, 1046 & 1051, Fam Ct Act

S6375 - Summary

Broadens the scope of child abuse and neglected child to include proof of a positive controlled substance toxicology report on a newborn infant; presence of such controlled substances establishes a rebuttable presumption that the release of the infant to the parent presents an imminent danger to the child's health or life.

S6375 - Sponsor Memo

S6375 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                            I N  S E N A T E

                            January 21, 2014

Introduced  by  Sen. KENNEDY -- 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 proof of a neglected or abused child


  Section 1. Legislative findings. The legislature  finds  and  declares
that  infants  who  are  born  drug-exposed  and drug-addicted must be a
priority of our state's public health and child welfare systems.   Ille-
gal  drug addiction in pregnant women and corresponding fetal drug expo-
sure is an epidemic that has expanded in virtually geometric  proportion
since  the  1980's  with  the advent of cheap, smokeable free base crack
  A large body of professional literature from the fields of pediatrics,
obstetrics and the social sciences has documented a multi-million dollar
problem whose effect on a generation of young Americans is  still  being
discovered.  Unfortunately,  the  laws and jurisprudence of the state of
New York have  failed  to  adequately  and  appropriately  address  this
burgeoning crisis.
  The  legislature  further  finds  and  declares  that illegal drug use
during pregnancy creates a high degree of risk that newborns will exhib-
it neurobehavioral and circulatory health complications.  These  compli-
cations  include neurological defects, learning disabilities, low cogni-
tion, physical and developmental delay, and low birth weight.
  Moreover, other states have  recognized  in  utero  drug  exposure  as
correlative  to  the  likelihood  of further abuse or neglect during the
child's infancy. Such recognition has led to statutory revisions causing
in utero drug exposure to be presumptive  evidence  of  child  abuse  or
neglect  and  thereby  warranting  immediate  child  protective services
  The intervention of the state into the integrity of  the  family  unit
should  be exercised cautiously. However, where the very life and safety
of the most vulnerable segment of society is  in  question,  the  inter-
vention of the state must be aggressive and consistent.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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