assembly Bill A3393

2019-2020 Legislative Session

Directs child protective services to investigate and test a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to children and families
Jan 29, 2019 referred to children and families

Co-Sponsors

A3393 (ACTIVE) - Details

See Senate Version of this Bill:
S1938
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §424, Soc Serv L; amd §1034, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2015-2016: S8221
2017-2018: A3900, S137
2021-2022: S5352

A3393 (ACTIVE) - Summary

Directs child protective services to investigate and test, for the presence of controlled substances, a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child; authorizes family courts to order the production of such a child for the purpose of conducting such testing; and directs the office of children and family services to compile data on such testing, and to submit a report thereon to the governor and the legislature.

A3393 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3393

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2019
                               ___________

Introduced by M. of A. ORTIZ, WOERNER, STEC -- read once and referred to
  the Committee on Children and Families

AN  ACT to amend the social services law, in relation to directing child
  protective services to investigate for child abuse or maltreatment, in
  any case where a child, under the age of 3 years is in the vicinity of
  a person arrested for a controlled substance offense when the arrested
  person is the parent or guardian of, or person legally responsible for
  such child, and requiring the testing of such a child for the presence
  of controlled substances in his or her system;  to  amend  the  family
  court  act,  in relation to authorizing courts to order the production
  of such a child for the purpose of testing; and directing  the  office
  of  children  and  family  services  to submit a report thereon to the
  governor and the legislature

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 424 of the social services law is amended by adding
a new subdivision 15 to read as follows:
  15. UPON THE RECEIPT OF A REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
MENT  OF A CHILD UNDER THE AGE OF THREE YEARS, MADE BY A PERSON REQUIRED
TO REPORT CASES OF SUSPECTED CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO
SECTION  FOUR HUNDRED THIRTEEN OF THIS TITLE, WHEN SUCH CHILD WAS IN THE
VICINITY OF HIS OR HER PARENT OR GUARDIAN, OR A PERSON LEGALLY RESPONSI-
BLE FOR THE CHILD, WHO WAS ARRESTED FOR AN OFFENSE  DEFINED  IN  ARTICLE
TWO  HUNDRED TWENTY OF THE PENAL LAW, IMMEDIATELY CAUSE AN INVESTIGATION
TO BE COMMENCED TO DETERMINE WHETHER THE CHILD IS ABUSED AND MALTREATED,
AND CAUSE WITHIN TEN DAYS OF SUCH REPORT, A HAIR FOLLICLE TEST OR  OTHER
APPROPRIATE  TEST TO BE PERFORMED ON THE CHILD TO DETERMINE THE PRESENCE
OF CONTROLLED SUBSTANCES IN THE CHILD'S SYSTEM.
  § 2. Subparagraph (ii) of paragraph (a) of subdivision  2  of  section
1034  of  the family court act, as amended by chapter 740 of the laws of
2006, is amended to read as follows:

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