NY State Senate Bill 2017-S2989

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jun 21, 2017	committed to rules
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.708
Jan 18, 2017	referred to children and families

Votes

- May 2, 2017 - Children And Families Committee Vote
  S2989
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 2, 2017
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Savino
      
      Serino
      
      aye wr (1)
      
      Persaud

co-Sponsors

2017-S2989 (ACTIVE) - Details

See Assembly Version of this Bill:: A2330
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §1012, Fam Ct Act; amd §371, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6342, A8428
2015-2016: S2118, A3029
2019-2020: S651

2017-S2989 (ACTIVE) - Summary

Relates to the infliction of excessive corporal punishment on a child.

2017-S2989 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2989

 TITLE OF BILL :  An act to amend the family court act and the social
services law, in relation to the infliction of excessive corporal
punishment on a child

 PURPOSE :

This bill reclassifies excessive corporal punishment of a child as
abuse, rather than neglect and thus, subjects more child protective
services cases to further scrutiny to ensure the safety of New York's
children.

 SUMMARY OF PROVISIONS :

Section 1: adds excessive corporal punishment to the definition of
abuse in section 1012 of the family court act.

Section 2: removes excessive corporal punishment from the definition
of neglect in section 1012 of the family court act.

Section 3: removes excessive corporal punishment from the definition
of neglect from subparagraph (B) of paragraph (i) of subdivision 4-a
of section 371 of the social services law

Section 4: adds a new paragraph (iv) to subdivision 4-b of section 371

of the social services law, defining excessive corporal punishment as
abuse.

Section 5: sets the effective date.

 JUSTIFICATION :

Under current law, reports of child abuse are classified as either
abuse or neglect - with cases of abuse receiving stricter scrutiny,
more in-depth investigations and carrying stronger penalties than
cases of neglect. This bill seeks to reclassify cases that involve
excessive corporal punishment as abuse, rather than neglect. By
reclassifying excessive corporal punishment which can often involve
serious injury to the child - as abuse, Child Protective Services will
be able to more thoroughly investigate certain cases of serious harm
to young children.

Under New York State's current legal statutes, a report of a child who
is violently, senselessly and/or repeatedly hit by a legal guardian,
with bruises left behind in the wake of each strike, may still be
classified as neglect. Officials who work in the fields of child
advocacy, child protection, parents' rights and law enforcement have
long been clamoring for a change to this antiquated legal definition.

There have been numerous cases, including that of Eain Brooks and
Abdifatah Mohamud from Erie County, where reports of excessive
corporal punishment or abuse were made by either family members or
those mandated to report abuse and maltreatment. Unfortunately, due to
a gap in state law, many of these cases do not undergo the strictest
of scrutiny as they are classified as neglect cases.

Tragically, in both Eain's case and Abdifatah's case, these children
were later killed by their abuser.

By reclassifying excessive corporal punishment as abuse, New York
State law will keep pace with at least 33 other states who currently
classify excessive corporal punishment as abuse. Furthermore, Child
Protective Services and law enforcement officials will be better
geared to investigate reports of abuse and protect children like Eain
and Abdifatah throughout New York State.
 LEGISLATIVE HISTORY :

A. 8428/S.6432 of 2014: Referred to Children and Families
2015-16: S.2118 Advanced to Third Reading/ A.3029 Referred to Children
and Families

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2989 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2989                                                  A. 2330
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN  SENATE  --  Introduced  by Sens. KENNEDY, BRESLIN, DILAN, LATIMER --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Children and Families
 
 IN  ASSEMBLY  --  Introduced by M. of A. PEOPLES-STOKES -- read once and
   referred to the Committee on Children and Families

 AN ACT to amend the family court act and the  social  services  law,  in
   relation to the infliction of excessive corporal punishment on a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (iii) of subdivision (e) of section 1012  of  the
 family  court  act,  as  amended  by chapter 320 of the laws of 2006, is
 amended and a new paragraph (iv) is added to read as follows:
   (iii) commits, or allows to be committed an offense against such child
 defined in article one hundred thirty of the penal law; 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;  commits  any  of  the  acts
 described  in  sections  255.25,  255.26 and 255.27 of the penal law; or
 allows such child to engage in acts or conduct described in article  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[.], OR
   (IV) INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL  PUNISHMENT
 UPON SUCH CHILD.
   §  2.  Subparagraph (B) of paragraph (i) of subdivision (f) of section
 1012 of the family court act, as amended by chapter 984 of the  laws  of
 1981, is amended to read as follows:
   (B) in providing the child with proper supervision or guardianship, by
 unreasonably  inflicting or allowing to be inflicted harm, or a substan-
 tial risk thereof[,  including  the  infliction  of  excessive  corporal

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

                                                            LBD00958-01-7

 S. 2989                             2                            A. 2330

 punishment];  or  by  misusing a drug or drugs; or by misusing alcoholic
 beverages to the extent that he loses self-control of his actions; or by
 any other acts of a similarly serious nature requiring the  aid  of  the
 court;  provided,  however, that where the respondent is voluntarily and
 regularly participating in a rehabilitative program, evidence  that  the
 respondent has repeatedly misused a drug or drugs or alcoholic beverages
 to the extent that he loses self-control of his actions shall not estab-
 lish  that  the  child  is  a neglected child in the absence of evidence
 establishing that the child's physical, mental  or  emotional  condition
 has  been  impaired or is in imminent danger of becoming impaired as set
 forth in paragraph (i) of this subdivision; or
   § 3. Subparagraph (B) of paragraph (i) of subdivision 4-a  of  section
 371 of the social services law, as amended by chapter 984 of the laws of
 1981, is amended to read as follows:
   (B) in providing the child with proper supervision or guardianship, by
 unreasonably  inflicting or allowing to be inflicted harm, or a substan-
 tial risk thereof[,  including  the  infliction  of  excessive  corporal
 punishment];  or  by  misusing a drug or drugs; or by misusing alcoholic
 beverages to the extent that he loses self-control of his actions; or by
 any other acts of a similarly serious nature requiring the  aid  of  the
 court;  provided,  however, that where the respondent is voluntarily and
 regularly participating in a rehabilitative program, evidence  that  the
 respondent has repeatedly misused a drug or drugs or alcoholic beverages
 to the extent that he loses self-control of his actions shall not estab-
 lish  that  the  child  is  a neglected child in the absence of evidence
 establishing that the child's physical, mental  or  emotional  condition
 has  been  impaired or is in imminent danger of becoming impaired as set
 forth in paragraph (i) of this subdivision; or
   § 4. Paragraph (iii) of subdivision 4-b of section 371 of  the  social
 services  law,  as  added by chapter 782 of the laws of 1971, is amended
 and a new paragraph (iv) is added to read as follows:
   (iii) commits, or allows to be  committed,  an  act  of  sexual  abuse
 against such child as defined in the penal law[.], OR
   (IV)  INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL PUNISHMENT
 UPON SUCH CHILD.
   § 5. This act shall take effect immediately.

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Senate Bill S2989

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

May 2, 2017 - Children And Families Committee Vote

Children And Families Committee Vote: May 2, 2017

co-Sponsors

2017-S2989 (ACTIVE) - Details

2017-S2989 (ACTIVE) - Summary

2017-S2989 (ACTIVE) - Sponsor Memo

2017-S2989 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2989

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Neil D. Breslin

Martin Malavé Dilan

2017-S2989 (ACTIVE) - Details

2017-S2989 (ACTIVE) - Summary

2017-S2989 (ACTIVE) - Sponsor Memo

2017-S2989 (ACTIVE) - Bill Text download pdf

Comments