Senate Bill S651

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    651
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed 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 189 of the laws of 2018, is
 amended and a new paragraph (iv) is added to read as follows:
   (iii) (A) commits, or allows to be committed an offense  against  such
 child  defined  in  article  one  hundred  thirty  of the penal law; (B)
 allows, permits or encourages such child to engage in any act  described
 in  sections  230.25,  230.30, 230.32 and 230.34-a of the penal law; (C)
 commits any of the acts described in sections 255.25, 255.26 and  255.27
 of  the  penal  law;  (D) allows such child to engage in acts or conduct
 described in article two hundred sixty-three of the penal  law;  or  (E)
 permits  or  encourages  such  child  to engage in any act or commits or
 allows to be committed against such child any offense that would  render
 such  child  either  a  victim  of sex trafficking or a victim of severe
 forms of trafficking in persons pursuant to 22 U.S.C. 7102 as enacted by
 public law 106-386 or  any  successor  federal  statute;  (F)  provided,
 however,  that (1) the corroboration requirements contained in the penal
 law and (2) 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03470-01-9

 S. 651                              2
 
   (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 THIS 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 THIS 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.