Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Apr 23, 2014 | referred to children and families |
senate Bill S7060
Sponsored By
Simcha Felder
(D) 22nd Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Co-Sponsors
Martin J. Golden
(R, C, IP) 0 Senate District
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
S7060 (ACTIVE) - Sponsor Memo
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.
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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