Assembly Bill A735

2013-2014 Legislative Session

Modifies exemption from determination of prima facie evidence of neglect where parent engages in substance abuse or substantial manifestation of irrationality

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A735 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§1012 & 1046, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A4540
2011-2012: A4940, A8942
2015-2016: A3076
2017-2018: A5489
2019-2020: A4305

2013-A735 (ACTIVE) - Summary

Modifies the existing exemption from requiring a determination of what constitutes prima facie evidence of neglect where a parent or guardian engages in substance abuse or substantial manifestation of irrationality but is voluntarily and regularly participating in a recognized rehabilitative program so as to require the parent or guardian to have voluntarily participated in and to have successfully completed such a program and to have been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date, before such exemption applies.

2013-A735 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   735

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND,
  COLTON,  COOK,  FARRELL,  GALEF,  MILLER, SCHIMMINGER -- read once and
  referred to the Committee on Children and Families

AN ACT to amend the family court  act,  in  relation  to  modifying  the
  existing exemption from what constitutes prima facie evidence of child
  neglect  where  a  parent  or  guardian  voluntarily participates in a
  recognized rehabilitative program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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 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] HAS voluntarily
[and regularly participating] PARTICIPATED in AND SUCCESSFULLY COMPLETED
a  RECOGNIZED  rehabilitative  program AND HAS BEEN VERIFIABLY REHABILI-
TATED FOR AN UNINTERRUPTED PERIOD OF ONE YEAR IMMEDIATELY PRIOR  TO  THE
HEARING DATE, 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 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 THIS paragraph [(i) of this subdi-
vision]; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03882-01-3

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