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

                                 4139--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of A. KEARNS, KATZ -- Multi-Sponsored by -- M. of A.
  GIGLIO, MARKEY, McDONOUGH -- read once and referred to  the  Committee
  on  Children  and  Families  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the social services law and the  family  court  act,  in
  relation to the definition of "abused child"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4-b of section 371 of the social services  law,
as  added  by  chapter 782 of the laws of 1971, the opening paragraph as
amended by chapter 518 of the laws  of  1977,  is  amended  to  read  as
follows:
  4-b.  "Abused  child"  means  a  child less than eighteen years of age
whose parent or other person legally responsible for his care
  (i) inflicts or allows to be inflicted upon such child physical injury
by other than accidental means which causes  or  creates  a  substantial
risk  of  death,  or  serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or impair-
ment of the function of any bodily organ, OR THE IMPAIRMENT OF  PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (ii)  creates  or  allows to be created a substantial risk of physical
injury to such child by other than accidental means which would be like-
ly to cause death or serious or protracted disfigurement, or  protracted
impairment of physical or emotional health or protracted loss or impair-
ment  of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (iii) commits, or allows to be  committed,  an  act  of  sexual  abuse
against such child as defined in the penal law[.], OR
  (IV)  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, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02122-03-5

              

A. 4139--A                          2

  (V) COMMITS ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25,  255.26  AND
255.27 OF THE PENAL LAW, OR
  (VI) ALLOWS SUCH CHILD TO ENGAGE IN ACTS OR CONDUCT DESCRIBED IN ARTI-
CLE 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.
  S 2. Subdivision e of section 1012 of the family court act, as amended
by chapter 7 of the laws of 1999 and paragraph (iii) as amended by chap-
ter 320 of the laws of 2006, is amended to read as follows:
  (e) "Abused child" means a child less than eighteen years of age whose
parent or other person legally responsible for his care
  (i) inflicts or allows to be inflicted upon such child physical injury
by  other  than  accidental  means which causes or creates a substantial
risk of death, or serious or  protracted  disfigurement,  or  protracted
impairment of physical or emotional health or protracted loss or impair-
ment  of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (ii) creates or allows to be created a substantial  risk  of  physical
injury to such child by other than accidental means which would be like-
ly  to cause death or serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or impair-
ment of the function of any bodily organ, OR THE IMPAIRMENT OF  PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (iii) commits, or allows to be committed an offense against such child
defined in article one hundred thirty of the penal law[;], OR
  (IV)  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[;], OR
  (V) commits any of the acts described in sections 255.25,  255.26  and
255.27 of the penal law[;], or
  (VI) allows such child to engage in acts or conduct described in arti-
cle 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.
  S 3. This act shall take effect immediately.