S T A T E O F N E W Y O R K
________________________________________________________________________
5229
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
___________
Introduced by M. of A. TITUS -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to taking a child
into protective custody on the basis of an allegation of a parent or
guardian with Munchausen syndrome by proxy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 417 of the social services law is
amended by adding two new paragraphs (c) and (d) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
CHILD SHALL BE TAKEN INTO PROTECTIVE CUSTODY PURSUANT TO THIS SECTION
WHEN THE BASIS THEREOF IS AN ALLEGATION THAT A CUSTODIAL PARENT OR GUAR-
DIAN HAS MUNCHAUSEN SYNDROME BY PROXY, UNLESS AND UNTIL A FAMILY COURT
SHALL HAVE HELD A HEARING, WITH AN OPPORTUNITY FOR SUCH PARENT OR GUARD-
IAN TO BE HEARD, AND SHALL HAVE FOUND REASONABLE CAUSE TO BELIEVE SUCH
ALLEGATIONS ARE TRUE. THE PARENT OR GUARDIAN ALLEGED TO SUFFER FROM
MUNCHAUSEN SYNDROME BY PROXY SHALL, AT ANY SUCH HEARING, BE ALLOWED TO
PRESENT EVIDENCE, INCLUDING EXPERT TESTIMONY, THAT HE OR SHE DOES NOT
SUFFER FROM SUCH SYNDROME.
(D) IN ANY HEARING HELD PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
IF THE CHILD'S PEDIATRICIAN, PRIMARY CARE PHYSICIAN OR SPECIALIST
CHARGED WITH TREATING SUCH CHILD DISPUTES THE ALLEGATION OF MUNCHAUSEN
SYNDROME BY PROXY MADE AGAINST THE CHILD'S PARENT OR GUARDIAN, AND IF
SUCH PHYSICIAN TESTIFIES, WHETHER BY AFFIDAVIT OR BEFORE THE COURT, THAT
THE CHILD'S MEDICAL TREATMENT IN QUESTION OR THE CHILD'S COURSE OF
TREATMENT IN GENERAL IS OR WAS NECESSARY FOR THE HEALTH AND WELL-BEING
OF SUCH CHILD, THEN THE FAMILY COURT SHALL FIND THAT THE ALLEGATION OF
MUNCHAUSEN SYNDROME BY PROXY HAS BEEN REBUTTED, AND SHALL NOT ENTER A
FINDING OF ABUSE OR NEGLECT BASED UPON MUNCHAUSEN SYNDROME BY PROXY
AGAINST THE CHILD'S PARENT OR GUARDIAN, AND SHALL NOT ORDER THAT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07715-01-9
A. 5229 2
CHILD BE TAKEN INTO PROTECTIVE CUSTODY FOR REASONS OF MUNCHAUSEN
SYNDROME BY PROXY.
§ 2. This act shall take effect immediately, provided that such
provisions shall apply to any child in protective custody on or after
such effective date.