Senate Bill S680

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    680
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  ORTT,  FUNKE, MARCHIONE -- read twice and ordered
   printed, and when printed to be committed 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

 S. 680                              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.