senate Bill S5352

2021-2022 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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families 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 05, 2022 referred to children and families
Mar 02, 2021 referred to children and families

S5352 (ACTIVE) - Details

Current Committee:
Senate 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: S137
2019-2020: S1938

S5352 (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; 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.

S5352 (ACTIVE) - Sponsor Memo

S5352 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5352
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed 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.

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