NY State Senate Bill 2013-S7060

Archive: Last Bill Status - In Senate Committee Children And Families 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2014	referred to children and families

co-Sponsors

2013-S7060 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §371, Soc Serv L; amd §1012, Fam Ct Act

2013-S7060 (ACTIVE) - Summary

Establishes a presumption that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired when a newborn child's blood or urine tests positive for a controlled substance.

2013-S7060 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7060

TITLE OF BILL:  An act to amend the social services law and the family
court act, in relation to a presumption of neglect against a child in
certain circumstances

PURPOSE:

To protect children from the hazards of early exposure to drugs by
making it clear that a finding of neglect can be based upon a positive
toxicology report in the blood or urine of a new born.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 4-a of section 371 of the
Social Services Law by adding a new paragraph (iii).

Section 2 of the bill amends subdivision (f) of section 1012 of the
Family Court Act by adding a new paragraph (iii) in which each section
establishes a presumption that a child's physical, mental or emotional
condition has been impaired or is in imminent danger of being impaired
when a newborn child's blood or urine tests positive for a controlled
substance as such term is defined in subdivision 5 of section 220 of
the penal law. The bill contains an exemption for drugs prescribed by
a physician.

Section 3: Effective date.

EXISTING LAW:

New bill.

JUSTIFICATION:

A child who is exposed to controlled substances in the womb is in
danger from a large variety of negative outcomes caused by such
exposure. It is in the best interests of a child that a finding of
neglect, when supported by additional credible evidence be made so
that child protection services can inquire into the child's physical
and mental health. It is also desirable that this bill be passed to
help act as a deterrent to the use of controlled substances by a
pregnant woman.

The New York State Court of Appeals considered this question in "In
the Matter of Nassau County DSS 0/B/0 Dante," 87 N.Y.2d 73 (1995).
The Court held that the Social Services Law as written did not allow a
finding of neglect solely based upon a positive toxicology finding. It
held that "a positive toxicology report, in conjunction other
evidence, may support a neglect finding."

This is one in a series of measures being introduced to improve the
provision of child protective services to New York's children and
families.

LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2013-S7060 (ACTIVE) - Bill Text download pdf

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

                                  7060

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN -- 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 and the family court act, in
  relation to a presumption  of  neglect  against  a  child  in  certain
  circumstances

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

  Section 1. Paragraph (ii) of subdivision 4-a of  section  371  of  the
social  services  law,  as  added by chapter 782 of the laws of 1971, is
amended and a new paragraph (iii) is added to read as follows:
  (ii) who has been abandoned by his parents  or  other  person  legally
responsible for his OR HER care[.]; OR
  (III)  IN THE CASE OF A NEWBORN, IF IT IS ESTABLISHED THROUGH TESTS OF
SUCH CHILD'S BLOOD OR URINE OR THROUGH  SIMILAR  TESTS  OF  THE  NEWBORN
CHILD  THAT  SUCH CHILD WAS EXPOSED TO CONTROLLED SUBSTANCES, AS DEFINED
IN SUBDIVISION FIVE OF SECTION 220.00 OF THE PENAL LAW,  THAT  WERE  NOT
PRESCRIBED  BY  A  PHYSICIAN,  THERE  SHALL  BE  A PRESUMPTION THAT SUCH
CHILD'S PHYSICAL, MENTAL OR EMOTIONAL CONDITION HAS BEEN IMPAIRED OR  IS
IN  IMMINENT  DANGER  OF BECOMING IMPAIRED AS A RESULT OF THE FAILURE OF
SUCH CHILD'S MOTHER TO EXERCISE THE LEGALLY REQUIRED DEGREE OF CARE.
  S 2. Paragraph (ii) of subdivision (f) of section 1012 of  the  family
court act, as amended by chapter 666 of the laws of 1976, is amended and
a new paragraph (iii) is added to read as follows:
  (ii)  who  has  been  abandoned, in accordance with the definition and
other criteria set forth in subdivision five of  section  three  hundred
eighty-four-b of the social services law, by his parents or other person
legally responsible for his OR HER care[.]; OR
  (III)  IN THE CASE OF A NEWBORN, IF IT IS ESTABLISHED THROUGH TESTS OF
SUCH CHILD'S BLOOD OR URINE OR THROUGH  SIMILAR  TESTS  OF  THE  NEWBORN
CHILD  THAT  SUCH CHILD WAS EXPOSED TO CONTROLLED SUBSTANCES, AS DEFINED
IN SUBDIVISION FIVE OF SECTION 220.00 OF THE PENAL LAW,  THAT  WERE  NOT
PRESCRIBED  BY  A  PHYSICIAN,  THERE  SHALL  BE  A PRESUMPTION THAT SUCH
CHILD'S PHYSICAL, MENTAL OR EMOTIONAL CONDITION HAS BEEN IMPAIRED OR  IS

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

                                                           LBD14822-01-4

S. 7060                             2

IN  IMMINENT  DANGER  OF BECOMING IMPAIRED AS A RESULT OF THE FAILURE OF
SUCH CHILD'S MOTHER TO EXERCISE THE LEGALLY REQUIRED DEGREE OF CARE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7060

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2013-S7060 (ACTIVE) - Details

2013-S7060 (ACTIVE) - Summary

2013-S7060 (ACTIVE) - Sponsor Memo

2013-S7060 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7060

Share this bill

Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Martin J. Golden

2013-S7060 (ACTIVE) - Details

2013-S7060 (ACTIVE) - Summary

2013-S7060 (ACTIVE) - Sponsor Memo

2013-S7060 (ACTIVE) - Bill Text download pdf

Comments