Senate Bill S755

2015-2016 Legislative Session

Broadens the scope of child abuse and neglected child to include proof of a positive controlled substance toxicology report on a newborn infant

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Archive: Last Bill Status - Stricken


  • 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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2015-S755 (ACTIVE) - Details

See Assembly Version of this Bill:
A70
Law Section:
Social Services Law
Laws Affected:
Amd §371, Soc Serv L; amd §§1012, 1028, 1046 & 1051, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A4563
2011-2012: A4991, A9327
2013-2014: S6375, A2408
2017-2018: A1172

2015-S755 (ACTIVE) - Summary

Broadens the scope of child abuse and neglected child to include proof of a positive controlled substance toxicology report on a newborn infant; presence of such controlled substances establishes a rebuttable presumption that the release of the infant to the parent presents an imminent danger to the child's health or life.

2015-S755 (ACTIVE) - Sponsor Memo

2015-S755 (ACTIVE) - Bill Text download pdf

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

                                   755

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- 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 proof of a neglected or abused child

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

  Section 1. Legislative findings. The legislature  finds  and  declares
that  infants  who  are  born  drug-exposed  and drug-addicted must be a
priority of our state's public health and child welfare systems.   Ille-
gal  drug addiction in pregnant women and corresponding fetal drug expo-
sure is an epidemic that has expanded in virtually geometric  proportion
since  the  1980's  with  the advent of cheap, smokeable free base crack
cocaine.
  A large body of professional literature from the fields of pediatrics,
obstetrics and the social sciences has documented a multi-million dollar
problem whose effect on a generation of young Americans is  still  being
discovered.  Unfortunately,  the  laws and jurisprudence of the state of
New York have  failed  to  adequately  and  appropriately  address  this
burgeoning crisis.
  The  legislature  further  finds  and  declares  that illegal drug use
during pregnancy creates a high degree of risk that newborns will exhib-
it neurobehavioral and circulatory health complications.  These  compli-
cations  include neurological defects, learning disabilities, low cogni-
tion, physical and developmental delay, and low birth weight.
  Moreover, other states have  recognized  in  utero  drug  exposure  as
correlative  to  the  likelihood  of further abuse or neglect during the
child's infancy. Such recognition has led to statutory revisions causing
in utero drug exposure to be presumptive  evidence  of  child  abuse  or
neglect  and  thereby  warranting  immediate  child  protective services
intervention.

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

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