Senate Bill S7460

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7460
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by Sens. RIVERA, ASHBY, BROUK, HINCHEY, MAY, PARKER, WEBB --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Health
 
 AN  ACT  to amend the public health law, the social services law and the
   family court act, in relation to establishing the maternal-infant care
   centers pilot program; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2509-e to read as follows:
   § 2509-E. MATERNAL-INFANT CARE CENTERS PILOT PROGRAM.  THERE SHALL  BE
 ESTABLISHED  A  MATERNAL-INFANT  CARE  CENTERS PILOT PROGRAM WHEREBY THE
 COMMISSIONER,  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF   ADDICTION
 SERVICES  AND  SUPPORTS, SHALL CERTIFY OR DESIGNATE AT LEAST FOUR MATER-
 NAL-INFANT CARE CENTERS IN AREAS OF NEED  IN  THE  STATE.  SUCH  CENTERS
 SHALL PROVIDE COST EFFECTIVE, NECESSARY SERVICES AND ENHANCE THE QUALITY
 OF  CARE FOR TARGETED POPULATIONS IN ORDER TO DEMONSTRATE THE EFFECTIVE-
 NESS OF SUCH PROGRAM. ELIGIBLE INFANTS SHALL BE UNDER ONE  YEAR  OF  AGE
 AND  BE  EXPERIENCING WITHDRAWAL RESULTING FROM IN UTERO EXPOSURE DUE TO
 SUBSTANCE USE DISORDER. SUCH INFANT WITHDRAWAL  MAY  BE  THE  RESULT  OF
 CONDITIONS  INCLUDING,  BUT NOT LIMITED TO, NEONATAL ABSTINENCE SYNDROME
 OR NEONATAL OPIOID WITHDRAWAL SYNDROME. THE PROGRAM SHALL  PROVIDE  MORE
 APPROPRIATE  SETTINGS  AND  COST  EFFECTIVE  CARE FOR THESE INFANTS THAN
 HOSPITALS, WHILE ALSO PROVIDING SUPPORTS AND SERVICES TO PARENTS PREPAR-
 ING TO BRING THEIR INFANTS HOME. ACCESS TO SUCH SUPPORTS SHALL  CONTINUE
 FOR  A  PERIOD  AFTER  THE  INFANT HAS LEFT A CENTER.  THE PROGRAM SHALL
 IMPLEMENT  EVIDENCE-BASED  CLINICALLY  APPROPRIATE  PRACTICES  SHOWN  TO
 REDUCE  THE  LENGTH OF STAY WHEN COMPARED TO STANDARD NEONATAL INTENSIVE
 CARE UNIT CARE, AND SUPPORT FAMILY UNIFICATION WHEN APPROPRIATE FOR  THE
 FAMILY  RECEIVING  SERVICES. THE EVIDENCE-BASED PRACTICES SHALL INCLUDE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11687-01-5
              

 S. 7460                             2
 
 BUT NOT BE LIMITED TO, ROOMING-IN, ENCOURAGING BREASTFEEDING,  PROVIDING
 TRAUMA-INFORMED  CARE  TO  THE  PARENT-INFANT  DYAD,  AND EVALUATING THE
 SOCIAL DETERMINANTS OF HEALTH. NEITHER A DIAGNOSIS  OF  NEONATAL  ABSTI-
 NENCE  SYNDROME OR NEONATAL OPIOID WITHDRAWAL SYNDROME, NOR ADMISSION TO
 A MATERNAL-INFANT CARE CENTER, SHALL BY ITSELF  CONSTITUTE  EVIDENCE  OF
 CHILD  ABUSE  OR  MALTREATMENT,  OR,  BY ITSELF, JUSTIFY A REPORT TO THE
 STATE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   THE DEPARTMENT SHALL BE RESPONSIBLE FOR MONITORING THE QUALITY, APPRO-
 PRIATENESS AND EFFECTIVENESS OF THE CENTERS  AND  SHALL  REPORT  TO  THE
 LEGISLATURE  WITHIN ONE YEAR OF THE ESTABLISHMENT OF THE MATERNAL-INFANT
 CARE CENTERS AND AGAIN WITHIN TWO YEARS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION ON THE PROGRAM'S EFFECTIVENESS.
   § 2. Section 420 of the social services law is amended by adding a new
 subdivision 3 to read as follows:
    3.  NO  PENALTIES  FOR  FAILURE  TO REPORT, EITHER CRIMINAL OR CIVIL,
 SHALL APPLY TO  INDIVIDUALS  WHO  ARE  MANDATED  REPORTERS  PURSUANT  TO
 SECTION  FOUR  HUNDRED  THIRTEEN  OF  THIS  TITLE  AND WHO DO NOT REPORT
 SUSPECTED ABUSE OR MALTREATMENT BASED ONLY UPON A DIAGNOSIS OF  NEONATAL
 ABSTINENCE SYNDROME OR NEONATAL OPIOID WITHDRAWAL SYNDROME, OR ADMISSION
 TO  A  MATERNAL-INFANT CARE CENTER ESTABLISHED PURSUANT TO SECTION TWEN-
 TY-FIVE HUNDRED NINE-E OF THE PUBLIC HEALTH LAW, IN THE ABSENCE  OF  ANY
 OTHER GROUNDS TO SUSPECT ABUSE OR MALTREATMENT.
   §  3.  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:
   (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] SUCH PARENT OR  OTHER  PERSON  LEGALLY
 RESPONSIBLE  loses  self-control of [his] THEIR 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 regular-
 ly  participating in a rehabilitative program, INCLUDING BUT NOT LIMITED
 TO A PROGRAM OFFERED AT A MATERNAL-INFANT CARE CENTER ESTABLISHED PURSU-
 ANT TO SECTION TWENTY-FIVE HUNDRED NINE-E  OF  THE  PUBLIC  HEALTH  LAW,
 evidence  that  the respondent has repeatedly misused a drug or drugs or
 alcoholic beverages to the extent that [he] SUCH PARENT OR OTHER  PERSON
 LEGALLY  RESPONSIBLE loses self-control of [his] THEIR actions shall not
 establish 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 paragraph (i) of this subdivision; or
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, and shall expire and be  deemed  repealed  4
 years  after  such date.  Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.