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 Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 23, 2014 referred to children and families

Co-Sponsors

S7060 - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §371, Soc Serv L; amd §1012, Fam Ct Act

S7060 - Bill Texts

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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.

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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.

Section 3: Effective date.

EXISTING LAW:

New bill.

JUSTIFICATION:

A child who is exposed to controlled substances in the womb is in
danger from a large variety of negative outcomes caused by such
exposure. It is in the best interests of a child that a finding of
neglect, when supported by additional credible evidence be made so
that child protection services can inquire into the child's physical
and mental health. It is also desirable that this bill be passed to
help act as a deterrent to the use of controlled substances by a
pregnant woman.

The New York State Court of Appeals considered this question in "In
the Matter of Nassau County DSS 0/B/0 Dante," 87 N.Y.2d 73 (1995).
The Court held that the Social Services Law as written did not allow a
finding of neglect solely based upon a positive toxicology finding. It
held that "a positive toxicology report, in conjunction other
evidence, may support a neglect finding."

This is one in a series of measures being introduced to improve the
provision of child protective services to New York's children and
families.

LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

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                    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.
                                                           LBD14822-01-4

S. 7060                             2

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  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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