NY State Senate Bill 2015-S2118

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Mar 14, 2016	advanced to third reading
Mar 09, 2016	2nd report cal.
Mar 08, 2016	1st report cal.337
Jan 06, 2016	referred to children and families
Jan 21, 2015	referred to children and families

Votes

- Mar 8, 2016 - Children And Families Committee Vote
  S2118
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 8, 2016
      
      aye (5)
      
      Avella
      
      Bonacic
      
      Savino
      
      Serino
      
      Young
      
      aye wr (2)
      
      Montgomery
      
      Persaud

co-Sponsors

2015-S2118 (ACTIVE) - Details

See Assembly Version of this Bill:: A3029
Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Amd §1012, Fam Ct Act; amd §371, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6342, A8428
2017-2018: S2989, A2330
2019-2020: S651

2015-S2118 (ACTIVE) - Summary

Relates to the infliction of excessive corporal punishment on a child.

2015-S2118 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2118

TITLE OF BILL:

An act to amend the family court act and the social services law, in
relation to the infliction of excessive corporal punishment on a child

PURPOSE:

This bill reclassifies excessive corporal punishment of a child as
abuse, rather than neglect and thus, subjects more child protective
services cases to further scrutiny to ensure the safety of New York's
children.

SUMMARY OF PROVISIONS:

Section 1: adds excessive corporal punishment to the definition of
abuse in section 1012 of the family court act.

Section 2: removes excessive corporal punishment from the definition
of neglect in section 1012 of the family court act.

Section 3: removes excessive corporal punishment from the definition
of neglect from subparagraph (B) of paragraph (i) of subdivision 4-a
of section 371 of the social services law

Section 4: adds a new paragraph (iv) to subdivision 4-b of section 3/1
of the social services law, defining excessive corporal punishment as
abuse.

Section 5: sets the effective date.

JUSTIFICATION:

Under current law, reports of child abuse are classified as either
abuse or neglect - with cases of abuse receiving stricter scrutiny,
more in-depth investigations and carrying stronger penalties than
cases of neglect. This bill seeks to reclassify cases that involve
excessive corporal punishment as abuse, rather than neglect. By
reclassifying excessive corporal punishment - which can often involve
serious injury to the child - as abuse, Child Protective Services will
be able to more thoroughly investigate certain cases of serious harm
to young children.

Under New York State's current legal statutes, a report of a child who
is violently, senselessly and/or repeatedly hit by a legal guardian,
with bruises left behind in the wake of each strike, may still be
classified as neglect. Officials who work in the fields of child
advocacy, child protection, parents' rights and law enforcement have
long been clamoring for a change to this antiquated legal definition.

There have been numerous cases, including that of Eain Brooks and
Abdifatah Mohamud from Erie County, where reports of excessive
corporal punishment or abuse were made by either family members or
those mandated to report abuse and maltreatment. Unfortunately, due to
a gap in state law, many of these cases do not undergo the strictest
of scrutiny as they are classified as neglect cases. Tragically, in


both Eain's case and Abdifatah's case, these children were later
killed by their abuser.

By reclassifying excessive corporal punishment as abuse, New York
State law will keep pace with at least 33 other states who currently
classify excessive corporal punishment as abuse. Furthermore, Child
Protective Services and law enforcement officials will be better
geared to investigate reports of abuse and protect children like Eain
and Abdifatah throughout New York State.

LEGISLATIVE HISTORY:

A. 8428 of 2014: Referred to Children and Families

S. 6432 of 2014: Referred to Children and Families

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2118 (ACTIVE) - Bill Text download pdf

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

    S. 2118                                                  A. 3029

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE  --  Introduced  by Sens. KENNEDY, BRESLIN, DILAN, ESPAILLAT,
  LATIMER -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Children and Families

IN  ASSEMBLY  --  Introduced by M. of A. PEOPLES-STOKES -- read once and
  referred to the Committee on Children and Families

AN ACT to amend the family court act and the  social  services  law,  in
  relation to the infliction of excessive corporal punishment on a child

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

  Section 1. Paragraph (iii) of subdivision (e) of section 1012  of  the
family  court  act,  as  amended  by chapter 320 of the laws of 2006, is
amended and a new paragraph (iv) is added to read as follows:
  (iii) commits, or allows to be committed an offense against such child
defined in article one hundred thirty of the penal law; allows,  permits
or  encourages  such  child  to  engage in any act described in sections
230.25, 230.30 and 230.32 of the penal law;  commits  any  of  the  acts
described  in  sections  255.25,  255.26 and 255.27 of the penal law; or
allows such child to engage in acts or conduct described in article  two
hundred  sixty-three  of  the  penal law provided, however, that (a) the
corroboration requirements contained in the penal law and  (b)  the  age
requirement  for  the  application of article two hundred sixty-three of
such law shall not apply to proceedings under this article[.], OR
  (IV) INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL  PUNISHMENT
UPON SUCH CHILD.
  S  2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01556-01-5

S. 2118                             2                            A. 3029

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 voluntarily and
regularly participating in a rehabilitative program, 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 estab-
lish  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
  S 3. Subparagraph (B) of paragraph (i) of subdivision 4-a  of  section
371 of the social services law, 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 voluntarily and
regularly participating in a rehabilitative program, 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 estab-
lish  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
  S 4. Paragraph (iii) of subdivision 4-b of section 371 of  the  social
services  law,  as  added by chapter 782 of the laws of 1971, is amended
and a new paragraph (iv) is added to read as follows:
  (iii) commits, or allows to be  committed,  an  act  of  sexual  abuse
against such child as defined in the penal law[.], OR
  (IV)  INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL PUNISHMENT
UPON SUCH CHILD.
  S 5. This act shall take effect immediately.

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Senate Bill S2118

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Mar 8, 2016 - Children And Families Committee Vote

Children And Families Committee Vote: Mar 8, 2016

co-Sponsors

2015-S2118 (ACTIVE) - Details

2015-S2118 (ACTIVE) - Summary

2015-S2118 (ACTIVE) - Sponsor Memo

2015-S2118 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2118

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Neil D. Breslin

Martin Malavé Dilan

Adriano Espaillat

George Latimer

2015-S2118 (ACTIVE) - Details

2015-S2118 (ACTIVE) - Summary

2015-S2118 (ACTIVE) - Sponsor Memo

2015-S2118 (ACTIVE) - Bill Text download pdf

Comments