|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 21, 2014||referred to children and families|
senate Bill S6375
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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
BILL NUMBER:S6375 TITLE OF BILL: An act to amend the social services law and the family court act, in relation to proof of a neglected or abused child PURPOSE: To provide that when a mother uses illegal drugs during her pregnancy causing her infant to be born with positive toxicity for such drugs that this is proof of neglect. SUMMARY OF PROVISIONS: Section 1 sets forth the Legislative findings which recognize the state's public health and child welfare interest in intervening when a child tests positive for illegal drugs after birth. Section 2 amends subdivision 4-a of section 371 of the social services law in regard to expanding the definition of a "neglected child" to include a newborn infant testing positive for a controlled substance. Section 3 amends subdivision (f) of section 1012 of the family court act in regard to expanding the definition of a "neglected child" to include a newborn infant testing positive for a controlled substance. Section 4 amends subdivision (b) of section 1028 of the family court act to establish a rebuttable presumption that the release of a newborn infant testing positive for a controlled substance to the
S6375 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6375 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 cocaine. 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 intervention. 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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