Bill Text: NY A01121 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the definition of person in parental relationship to a child; includes a person possessing a lawful order of custody of a child.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A01121 Detail]

Download: New_York-2019-A01121-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1121
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. JAFFEE, DICKENS, TAYLOR, D'URSO, COOK, WALSH --
          Multi-Sponsored by -- M. of A. SIMON -- read once and referred to  the
          Committee on Health
        AN ACT to amend the public health law and the education law, in relation
          to the definition of person in parental relationship to a child
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph c of subdivision 1 of section 2164 of the  public
     2  health law, as amended by chapter 401 of the laws of 2015, is amended to
     3  read as follows:
     4    c.  The  term  "person in parental relation to a child" shall mean and
     5  include [his] the child's father or mother, by birth or adoption,  [his]
     6  the  child's  legally  appointed  guardian, a person possessing a lawful
     7  order of custody of a child, or [his] the child's  custodian.  A  person
     8  shall  be  regarded as the custodian of a child if he or she has assumed
     9  the charge and  care  of  the  child  because  the  parents  or  legally
    10  appointed  guardian of the minor have died, are imprisoned, are mentally
    11  ill, or have been committed to an  institution,  or  because  they  have
    12  abandoned  or  deserted  such  child  or are living outside the state or
    13  their whereabouts are unknown, or have designated the person pursuant to
    14  title fifteen-A of article five of the  general  obligations  law  as  a
    15  person in parental relation to the child.
    16    § 2. Subdivision 1 of section 3212 of the education law, as amended by
    17  chapter 119 of the laws of 2005, is amended to read as follows:
    18    1.  Definition. As used in this article, a person in parental relation
    19  to another individual shall include [his] the child's father or  mother,
    20  by  birth  or  adoption,  [his]  the child's step-father or step-mother,
    21  [his] the child's legally appointed  guardian,  a  person  possessing  a
    22  lawful  order  of  custody of a child, or [his] the child's custodian. A
    23  person shall be regarded as the custodian of another individual if he or
    24  she has assumed the charge and  care  of  such  individual  because  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02781-01-9
        A. 1121                             2
     1  parents  or legally appointed guardian of such individual have died, are
     2  imprisoned, are mentally ill, or have been committed to an  institution,
     3  or  because,  they  have  abandoned  or  deserted such individual or are
     4  living  outside  the  state  or  their  whereabouts are unknown, or have
     5  designated the person pursuant to title fifteen-A of article five of the
     6  general obligations law as a person in parental relation to the child.
     7    § 3. This act shall take effect immediately.