Senate Bill S1516

2011-2012 Legislative Session

Provides for testing of newborns for presence of alcohol and/or controlled substance, rehabilitation services for parents and rules of admissibility for such tests

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Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse 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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2011-S1516 (ACTIVE) - Details

See Assembly Version of this Bill:
A8084
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Social Services Law
Laws Affected:
Amd §§422, 409-a & 423, Soc Serv L; add §2500-k, Pub Health L; amd §§1046 & 1051, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: S6431, A502
2013-2014: A3534
2015-2016: A76

2011-S1516 (ACTIVE) - Summary

Provides for testing of newborns for presence of alcohol and/or controlled substances; makes provisions for intensive drug rehabilitation services as preventative services for any parent of a newborn testing positive for alcohol and/or controlled substances; establishes guidelines for admissibility of such laboratory test results in family court; provides for referring alcohol and substance abusers to drug treatment court.

2011-S1516 (ACTIVE) - Sponsor Memo

2011-S1516 (ACTIVE) - Bill Text download pdf

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

                                  1516

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  providing  drug
  rehabilitative services to parents of a newborn who tests positive for
  alcohol  and/or controlled substances; to amend the public health law,
  in relation to providing  for  testing  of  newborns  for  alcohol  or
  controlled  substances; and to amend the family court act, in relation
  to the admissibility of laboratory tests showing usage of a controlled
  substance and referring certain alcohol and substance abusers to  drug
  treatment court

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

  Section 1. Subdivision 2 of section 422 of the social services law  is
amended by adding a new paragraph (d) to read as follows:
  (D) WHENEVER A TELEPHONE CALL OR REPORT HAS BEEN RECEIVED BY THE STATE
CENTRAL  REGISTER  ABOUT A CASE OF SUSPECTED CHILD ABUSE OR MALTREATMENT
FROM AN ATTENDING PHYSICIAN BECAUSE A NEWBORN HAS  TESTED  POSITIVE  FOR
ALCOHOL  AND/OR FOR A CONTROLLED SUBSTANCE AS DEFINED IN SECTION THIRTY-
THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW AND THAT SUCH POSITIVE  TOXI-
COLOGY  WAS CONFIRMED BY A SECOND TEST, THE LOCAL DISTRICT SHALL CONDUCT
AN INVESTIGATION OF THE SUBJECT OF THE REPORT.  FURTHERMORE,  THE  LOCAL
DISTRICT  SHALL  INVESTIGATE  THE HOME IN WHICH THE NEWBORN IS TO RESIDE
WITH THE CUSTODIAL  PARENT  IN  ORDER  TO  ASSESS  WHETHER  SUCH  LIVING
ARRANGEMENTS  WILL  IMPAIR THE CHILD OR PLACE THE CHILD AT IMMINENT RISK
OF IMPAIRMENT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF  SUBDIVI-
SION  TWO  OF  SECTION FOUR HUNDRED TWELVE OF THIS TITLE AND SUBDIVISION
(F) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT  ACT.  THE  LOCAL
SOCIAL SERVICES COMMISSIONER SHALL IN WRITING INFORM THE SUBJECT OF SUCH
CENTRAL  REGISTER  REPORT  ABOUT THE AVAILABILITY OF DRUG AND/OR ALCOHOL
SUBSTANCE ABUSE TREATMENT PROGRAMS, AND  INTENSIVE  CAREGIVER  REHABILI-
TATION SERVICES THAT MAY BE PROVIDED. THE LOCAL SOCIAL SERVICES DISTRICT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04679-01-1
              

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