The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5873
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03013-01-1

 A. 5873                             2
 
 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
 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.