S T A T E O F N E W Y O R K
________________________________________________________________________
7930
I N S E N A T E
March 3, 2020
___________
Introduced by Sen. SALAZAR -- 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, in relation to eliminating the use
of the term incorrigible
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (a) and (c) of section 712 of the family court
act, as amended by section 1 of part K of chapter 56 of the laws of
2019, are amended to read as follows:
(a) "Person in need of supervision". A person less than eighteen years
of age: (i) who does not attend school in accordance with the provisions
of part one of article sixty-five of the education law; (ii) who is
[incorrigible,] ungovernable or habitually disobedient and beyond the
lawful control of a parent or other person legally responsible for such
child's care, or other lawful authority; (iii) who violates the
provisions of: (1) section 221.05; or (2) 230.00 of the penal law; (iv)
or who appears to be a sexually exploited child as defined in paragraph
(a), (c) or (d) of subdivision one of section four hundred forty-seven-a
of the social services law, but only if the child consents to the filing
of a petition under this article.
(c) "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he or she violated a law or
is [incorrigible,] ungovernable or habitually disobedient and beyond the
control of his or her parents, guardian or legal custodian.
§ 2. Paragraph (i) of subdivision (a) of section 732 of the family
court act, as amended by section 9 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
(i) the respondent is an habitual truant or is [incorrigible,] ungo-
vernable[,] or habitually disobedient and beyond the lawful control of
his or her parents, guardian or lawful custodian, or has been the victim
of sexual exploitation as defined in subdivision one of section four
hundred forty-seven-a of the social services law, and specifying the
acts on which the allegations are based and the time and place they
allegedly occurred. Where habitual truancy is alleged or the petitioner
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15669-01-0
S. 7930 2
is a school district or local educational agency, the petition shall
also include the steps taken by the responsible school district or local
educational agency to improve the school attendance and/or conduct of
the respondent;
§ 3. Section 773 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
§ 773. Petition for transfer [for incorrigibility]. Any institution,
society or agency in which a person was placed under section seven
hundred fifty-six OF THIS ARTICLE may petition to the court which made
the order of placement for transfer of that person to a society or agen-
cy, governed or controlled by persons of the same religious faith or
persuasion as that of the child, where practicable, or, if not practica-
ble, to some other suitable institution, or to some other suitable
institution on the ground that [such person]
(a) [is incorrigible and that his or her] THE presence OF SUCH PERSON
is seriously detrimental to the welfare of the applicant institution,
society, agency or other persons in its care, or
(b) after placement by the court, SUCH PERSON was released on parole
or probation from such institution, society or agency and a term or
condition of the release was willfully violated. The petition shall be
verified by an officer of the applicant institution, society or agency
and shall specify the act or acts bringing the person within this
section.
§ 4. Subdivision (h) of section 1012 of the family court act, as added
by chapter 1015 of the laws of 1972, is amended to read as follows:
(h) "Impairment of emotional health" and "impairment of mental or
emotional condition" includes a state of substantially diminished
psychological or intellectual functioning in relation to, but not limit-
ed to, such factors as failure to thrive, control of aggressive or self-
destructive impulses, ability to think and reason, or acting out or
misbehavior, including [incorrigibility,] ungovernability or habitual
truancy; provided, however, that such impairment must be clearly attrib-
utable to the unwillingness or inability of the respondent to exercise a
minimum degree of care toward the child.
§ 5. This act shall take effect immediately.
