S T A T E O F N E W Y O R K
________________________________________________________________________
2444
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
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Introduced by M. of A. SKARTADOS -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to third party
caretakers of children; to amend the domestic relations law and the
family court act, in relation to custody determinations; and to amend
the social services law, in relation to requirements for reporting
child abuse to the state central register of child abuse and maltreat-
ment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Mason's Law."
§ 2. Legislative intent. The legislature hereby declares that it
intends to ensure the safety of children in cases of child custody and
requires that a third party caretaker of such children undergo criminal
background checks, requires family court judges to consider a parent
with a manageable disability when determining custody, and instructs
child protective services to report allegations of abuse by a child's
custodial parent when such abuse is alleged by the non-custodial parent.
§ 3. The domestic relations law is amended by adding a new section
75-m to read as follows:
§ 75-M. CRIMINAL BACKGROUND CHECKS FOR THIRD PARTY CARETAKERS. WHEN A
CUSTODIAL PARENT OF A CHILD LEAVES THE CHILD ALONE WITH A THIRD PARTY
CARETAKER, THE CUSTODIAL PARENT MUST:
(A) PERFORM A ONE TIME, COMMERCIALLY AVAILABLE, CRIMINAL BACKGROUND
CHECK OF THE THIRD PARTY CARETAKER TO DETERMINE THE INDIVIDUAL'S CRIMI-
NAL HISTORY IF THE CHILD WILL BE IN THE SOLE CARE OF THE THIRD PARTY
CARETAKER FOR AT LEAST FOUR TIMES IN A SIX MONTH PERIOD;
(B) INFORM AND SECURE THE CONSENT OF THE NON-CUSTODIAL PARENT OR THE
ASSIGNED CHILD PROTECTIVE SERVICES CASE WORKER BEFORE LEAVING THE CHILD
IN THE CARE OF THE THIRD PARTY CARETAKER WHEN THE BACKGROUND CHECK VERI-
FIES THAT THE THIRD PARTY CARETAKER HAS A RECORD OF CHILD ABUSE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01535-01-7
A. 2444 2
SUBSTANCE/ALCOHOL ABUSE, VIOLENCE OR OTHER RELEVANT CONVICTIONS WITHIN
THE LAST FIVE YEARS; AND
(C) MAKE A REASONABLE ATTEMPT TO GIVE THE NON-CUSTODIAL PARENT AN
OPPORTUNITY TO ACCEPT THE TEMPORARY CARETAKING ROLE BEFORE SECURING A
THIRD PARTY CARETAKER IF THE CHILD IS TO BE LEFT WITH A THIRD PARTY
CARETAKER FOR MORE THAN THIRTY-SIX CONSECUTIVE HOURS. THE NON-CUSTODIAL
PARENTS MUST BE ABLE TO PROVIDE CARE FOR AT LEAST THIRTY-SIX CONSECUTIVE
HOURS AND HAVE BEEN PREVIOUSLY GRANTED UNSUPERVISED VISITATION RIGHTS BY
THE COURT.
§ 4. Subdivision 1 of section 240 of the domestic relations law is
amended by adding a new paragraph (a-3) to read as follows:
(A-3) DISABILITY OF PARENT; EFFECT ON CHILD CUSTODY ORDERS. (1) IF A
PARENT HAS A DISABILITY BUT CAN DEMONSTRATE THAT ACCOMMODATIONS CAN BE
MADE TO ENSURE THAT THE DISABILITY WILL NOT AFFECT THE CHILD'S SAFETY, A
JUDGE OR MAGISTRATE DETERMINING A JUDGMENT OR ORDER FOR CUSTODY SHALL
NOT CONSIDER SUCH PARENT'S DISABILITY.
(2) "DISABILITY" MEANS PHYSICAL, MENTAL OR MEDICAL IMPAIRMENT RESULT-
ING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR NEUROLOGICAL CONDITIONS
WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS DEMONSTRA-
BLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES.
§ 5. Section 651 of the family court act is amended by adding a new
subdivision (g) to read as follows:
(G) DISABILITY OF PARENT; EFFECT ON CHILD CUSTODY ORDERS. 1. IF A
PARENT HAS A DISABILITY BUT CAN DEMONSTRATE THAT ACCOMMODATIONS CAN BE
MADE TO ENSURE THAT THE DISABILITY WILL NOT AFFECT THE CHILD'S SAFETY, A
JUDGE OR MAGISTRATE DETERMINING A JUDGMENT OR ORDER FOR CUSTODY SHALL
NOT CONSIDER SUCH PARENT'S DISABILITY.
2. "DISABILITY" MEANS PHYSICAL, MENTAL OR MEDICAL IMPAIRMENT RESULTING
FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR NEUROLOGICAL CONDITIONS WHICH
PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY
MEDICALLY ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES.
§ 6. Section 424 of the social services law is amended by adding a new
subdivision 5-c to read as follows:
5-C. SHALL CONTACT THE STATE CENTRAL REGISTER WHEN A NON-CUSTODIAL
PARENT REPORTS PHYSICAL INJURY AS DESCRIBED IN SUBDIVISION (E) OF
SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT OR SEXUAL ABUSE OF A
CHILD WHILE UNDER THE CUSTODY OF THE CUSTODIAL PARENT, AND THERE IS
PROBABLE CAUSE TO INVESTIGATE SUCH CLAIMS.
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law.