senate Bill S8221

2015-2016 Legislative Session

Directs child protective services to investigate and test a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child

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Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 21, 2016 referred to rules

Co-Sponsors

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S8221 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §424, Soc Serv L; amd §1034, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: S137
2019-2020: S1938
2021-2022: S5352

S8221 (ACTIVE) - Summary

Directs child protective services to investigate and test, for the presence of controlled substances, a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child; authorizes family courts to order the production of such a child for the purpose of conducting such testing; and directs the office of children and family services to compile data on such testing, and to submit a report thereon to the governor and the legislature.

S8221 (ACTIVE) - Sponsor Memo

S8221 (ACTIVE) - Bill Text download pdf

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

                                  8221

                            I N  S E N A T E

                            December 21, 2016
                               ___________

Introduced  by  Sens.  LITTLE, AKSHAR, FUNKE, GOLDEN, RITCHIE, SEWARD --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Rules

AN  ACT to amend the social services law, in relation to directing child
  protective services to investigate for child abuse or maltreatment, in
  any case where a child, under the age of 3 years is in the vicinity of
  a person arrested for a controlled substance offense when the arrested
  person is the parent or guardian of, or person legally responsible for
  such child, and requiring the testing of such a child for the presence
  of controlled substances in his or her system;  to  amend  the  family
  court  act,  in relation to authorizing courts to order the production
  of such a child for the purpose of testing; and directing  the  office
  of  children  and  family  services  to submit a report thereon to the
  governor and the legislature

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

  Section 1. Section 424 of the social services law is amended by adding
a new subdivision 15 to read as follows:
  15. UPON THE RECEIPT OF A REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
MENT  OF A CHILD UNDER THE AGE OF THREE YEARS, MADE BY A PERSON REQUIRED
TO REPORT CASES OF SUSPECTED CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO
SECTION  FOUR HUNDRED THIRTEEN OF THIS TITLE, WHEN SUCH CHILD WAS IN THE
VICINITY OF HIS OR HER PARENT OR GUARDIAN, OR A PERSON LEGALLY RESPONSI-
BLE FOR THE CHILD, WHO WAS ARRESTED FOR AN OFFENSE  DEFINED  IN  ARTICLE
TWO  HUNDRED TWENTY OF THE PENAL LAW, IMMEDIATELY CAUSE AN INVESTIGATION
TO BE COMMENCED TO DETERMINE WHETHER THE CHILD IS ABUSED AND MALTREATED,
AND CAUSE WITHIN TEN DAYS OF SUCH REPORT, A HAIR FOLLICLE TEST OR  OTHER
APPROPRIATE  TEST TO BE PERFORMED ON THE CHILD TO DETERMINE THE PRESENCE
OF CONTROLLED SUBSTANCES IN THE CHILD'S SYSTEM.
  S 2. Subparagraph (ii) of paragraph (a) of subdivision  2  of  section
1034  of  the family court act, as amended by chapter 740 of the laws of
2006, is amended to read as follows:
  (ii) Where a court order has been requested pursuant to this paragraph
the court may issue an order  under  this  section  requiring  that  the

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

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