S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3706
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, the social services law  and  the
   family court act, in relation to care and protection of children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2541 of the public health law,  as
 added by chapter 428 of the laws of 1992, is amended to read as follows:
   1.  "Children  at risk" means children who may experience a disability
 because of  medical,  biological  or  environmental  factors  which  may
 produce  developmental  delay,  OR  INFANTS  WHO  TEST  POSITIVE  FOR  A
 CONTROLLED SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN, IN THEIR BLOODSTREAM
 OR URINE, ARE BORN DEPENDENT ON SUCH DRUGS OR WHO DEMONSTRATE DRUG WITH-
 DRAWAL SYMPTOMS, OR WHO HAVE BEEN DIAGNOSED WITH A  CONDITION  ATTRIBUT-
 ABLE TO IN UTERO EXPOSURE TO ILLEGAL DRUGS, as determined by the commis-
 sioner through regulation.
   §  2.  Paragraphs  (b) and (c) of subdivision 1 of section 2542 of the
 public health law, as added by chapter 428 of  the  laws  of  1992,  are
 amended and a new paragraph (d) is added to read as follows:
   (b) be coordinated with efforts to identify, locate and track children
 conducted  by  other  agencies  responsible  for services to infants and
 toddlers and their families, including the efforts in (i) part B of  the
 federal  individuals  with  disabilities  education act, including early
 childhood direction centers, (ii) the maternal and child health  program
 under  title  V of the federal social security act, including the infant
 health assessment program, (iii) medicaid's  early  periodic  screening,
 diagnosis  and  treatment  program under title XIX of the federal social
 security act, and (iv) the federal supplemental security income program;
 THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003; [and]
   (c) provide for the identification, tracking and screening of children
 at risk of developmental delay, using resources  available  through  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02332-01-7

 S. 3706                             2
 
 programs, identified in paragraph (b) of this subdivision and such other
 available resources as the commissioner shall commit to this purpose[.];
 AND
   (D)  CREATE  SERVICES  AND  A  MONITORING PROGRAM FOR MOTHERS WHO GIVE
 BIRTH TO CHILDREN AT RISK, WHICH SHALL INCLUDE, BUT NOT  BE  LIMITED  TO
 IDENTIFYING  RISKS  FOR THE CHILD'S WELLBEING, SUGGESTING REHABILITATIVE
 STEPS FOR THE MOTHER TO MITIGATE SUCH RISKS AND  WORKING  IN  ACCORDANCE
 WITH  THE  EARLY  INTERVENTION PROGRAM AND NOTIFY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES IN THE EVENT THAT THE MOTHER IS NON-COMPLIANT IN HER
 MONITORING PROGRAM.
   § 3. Subdivision 3 of section  2542  of  the  public  health  law,  as
 amended  by  chapter  231  of  the  laws  of 1993, is amended to read as
 follows:
   3. The following persons and entities,  within  two  working  days  of
 identifying  an infant or toddler suspected of having a disability [or],
 at risk of having a disability, OR WHO FALLS  UNDER  THE  DEFINITION  OF
 CHILDREN AT RISK, shall refer such infant or toddler to the early inter-
 vention  official or the health officer of the public health district in
 which the infant or toddler resides, as designated by the  municipality,
 but in no event over the objection of the parent made in accordance with
 procedures  established by the department for use by such primary refer-
 ral sources, unless the child has already  been  referred:    hospitals,
 child  health care providers, day care programs, local school districts,
 public health facilities, early childhood  direction  centers  and  such
 other  social  service  and  health  care  agencies and providers as the
 commissioner shall specify in regulation; provided,  however,  that  the
 department   shall   establish   procedures,  including  regulations  if
 required, to ensure that primary referral sources adequately inform  the
 parent  or  guardian  about  the  early  intervention program, including
 through brochures and written  materials  created  or  approved  by  the
 department.
   §  4.  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 care[.]; OR
   (III) WHO IS THE CHILD OF A MOTHER WHO IS NON-COMPLIANT WITH  A  MONI-
 TORING  PROGRAM  REQUIRED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 TWENTY-FIVE HUNDRED FORTY-TWO OF THE PUBLIC HEALTH LAW.
   § 5. 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 care[.];
   (III)  WHO  IS THE CHILD OF A MOTHER WHO IS NON-COMPLIANT WITH A MONI-
 TORING PROGRAM REQUIRED IN PARAGRAPH (D) OF SUBDIVISION ONE  OF  SECTION
 TWENTY-FIVE HUNDRED FORTY-TWO OF THE PUBLIC HEALTH LAW.
   § 6. This act shall take effect immediately.