S T A T E O F N E W Y O R K
________________________________________________________________________
4558
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
___________
Introduced by M. of A. KEARNS -- Multi-Sponsored by -- M. of A. CROUCH,
HOOPER, ORTIZ -- read once and referred to the Committee on Children
and Families
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
(V) COMMITS ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25, 255.26 AND
255.27 OF THE PENAL LAW, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04514-01-7
A. 4558 2
(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.
§ 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.
§ 3. This act shall take effect immediately.