Bill Text: NY A03534 | 2013-2014 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to children and families [A03534 Detail]
Download: New_York-2013-A03534-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3534
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. SIMANOWITZ -- read once and referred 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:
1 Section 1. Subdivision 2 of section 422 of the social services law is
2 amended by adding a new paragraph (d) to read as follows:
3 (D) WHENEVER A TELEPHONE CALL OR REPORT HAS BEEN RECEIVED BY THE STATE
4 CENTRAL REGISTER ABOUT A CASE OF SUSPECTED CHILD ABUSE OR MALTREATMENT
5 FROM AN ATTENDING PHYSICIAN BECAUSE A NEWBORN HAS TESTED POSITIVE FOR
6 ALCOHOL AND/OR FOR A CONTROLLED SUBSTANCE AS DEFINED IN SECTION THIRTY-
7 THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW AND THAT SUCH POSITIVE TOXI-
8 COLOGY WAS CONFIRMED BY A SECOND TEST, THE LOCAL DISTRICT SHALL CONDUCT
9 AN INVESTIGATION OF THE SUBJECT OF THE REPORT. FURTHERMORE, THE LOCAL
10 DISTRICT SHALL INVESTIGATE THE HOME IN WHICH THE NEWBORN IS TO RESIDE
11 WITH THE CUSTODIAL PARENT IN ORDER TO ASSESS WHETHER SUCH LIVING
12 ARRANGEMENTS WILL IMPAIR THE CHILD OR PLACE THE CHILD AT IMMINENT RISK
13 OF IMPAIRMENT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVI-
14 SION TWO OF SECTION FOUR HUNDRED TWELVE OF THIS TITLE AND SUBDIVISION
15 (F) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT. THE LOCAL
16 SOCIAL SERVICES COMMISSIONER SHALL IN WRITING INFORM THE SUBJECT OF SUCH
17 CENTRAL REGISTER REPORT ABOUT THE AVAILABILITY OF DRUG AND/OR ALCOHOL
18 SUBSTANCE ABUSE TREATMENT PROGRAMS, AND INTENSIVE CAREGIVER REHABILI-
19 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.
LBD03955-01-3
A. 3534 2
1 OR THE HOSPITAL, AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
2 LAW, MAY, IF APPROPRIATE, MAKE ARRANGEMENTS FOR THE ADMISSION OF THE
3 CARETAKER PARENT AND CHILD OR CHILDREN INTO A RESIDENTIAL TREATMENT
4 PROGRAM OR INTO AN OUT-PATIENT TREATMENT PROGRAM PURSUANT TO SECTION
5 FOUR HUNDRED NINE-A OF THIS ARTICLE. THE SUBJECT OF A REPORT PURSUANT
6 TO THIS SECTION SHALL BE INFORMED IN WRITING BY THE LOCAL COMMISSIONER
7 OF SOCIAL SERVICES OF THE POSSIBLE CIVIL CONSEQUENCES OF FAILING TO
8 PARTICIPATE AND COMPLY WITH THE REQUIREMENTS OF A SUBSTANCE ABUSE TREAT-
9 MENT PROGRAM.
10 S 2. Paragraph (a) of subdivision 5 of section 409-a of the social
11 services law, as added by chapter 610 of the laws of 1979 and as desig-
12 nated by chapter 731 of the laws of 1989, such subdivision as renumbered
13 by chapter 465 of the laws of 1987, is amended to read as follows:
14 (a) Regulations of the department, promulgated pursuant to and not
15 inconsistent with this section, shall contain program standards includ-
16 ing, but not limited to: specification of services to be classified as
17 preventive services, WHICH SHALL INCLUDE SUBSTANCE ABUSE TREATMENT
18 SERVICES PROVIDED TO A PREGNANT WOMAN OR A CARETAKER PERSON; appropriate
19 circumstances and conditions for the provision of particular services;
20 appropriate providers and recipients of such services; and time limits,
21 as may be appropriate, for the provision of particular services. The
22 department shall, subject to the approval of the director of the budget,
23 establish reimbursement or charge limitations for particular services or
24 groups of services to be provided. The department shall also promulgate
25 regulations to prevent social services districts from overutilizing
26 particular forms or types of preventive services and to encourage
27 districts to provide balanced preventive services programs based on the
28 identified needs of children and families residing in such districts.
29 S 3. Section 423 of the social services law is amended by adding a new
30 subdivision 7 to read as follows:
31 7. (A) SUBJECT TO THE AMOUNTS ANNUALLY APPROPRIATED SPECIFICALLY
32 THEREFOR, THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED
33 TO AWARD GRANTS TO NOT-FOR-PROFIT ORGANIZATIONS WHICH MAY, TO THE EXTENT
34 PRACTICABLE, BE COMMUNITY-BASED AND/OR CONSORTIA OF ORGANIZATIONS WITH
35 COMMUNITY ADVISORY BOARDS. SUCH ORGANIZATIONS SHALL CREATE OR ENHANCE
36 CAREGIVER REHABILITATION SERVICES THAT PROVIDE AN ALCOHOL OR SUBSTANCE
37 ABUSING PREGNANT WOMAN OR A CARETAKER PERSON WITH RESIDENTIAL AND/OR
38 OUT-PATIENT TREATMENT SERVICES, INCLUDING COUNSELING, PARENTING SKILLS
39 AND INTENSIVE CASE MONITORING. CAREGIVER REHABILITATION SERVICES MAY
40 PROVIDE SUCH ELIGIBLE PERSONS WITH AN OPPORTUNITY TO RECEIVE INTENSIVE
41 REHABILITATION TREATMENT AND INTENSIVE CASE MANAGEMENT SPECIALLY
42 TAILORED TO ACCOMMODATE THE NEEDS OF EXPECTANT MOTHERS AND CAREGIVERS
43 WITH CHILDREN.
44 (B) LOCAL SOCIAL SERVICES DISTRICTS SHALL MAKE THE PROVISION OF
45 SUBSTANCE ABUSE TREATMENT SERVICES TO A PREGNANT WOMAN OR A CARETAKER
46 PERSON A PRIORITY WHENEVER SUCH PERSON IS THE SUBJECT OF A REPORT TO THE
47 CENTRAL REGISTER PURSUANT TO SECTION FOUR HUNDRED TWENTY-TWO OF THIS
48 TITLE. SUCH SUBSTANCE ABUSE TREATMENT PROGRAMS SHALL BE CALLED INTENSIVE
49 CAREGIVER REHABILITATION SERVICES. THE INTENSIVE CAREGIVER REHABILI-
50 TATION SERVICES PROGRAM MAY BE PROVIDED TO ELIGIBLE PERSONS PURSUANT TO
51 THIS SECTION IN ORDER TO PERMIT A CHILD TO BE PLACED WITH THE CHILD'S
52 PARENT IN A RESIDENTIAL PROGRAM THAT PROVIDES TREATMENT AND OTHER NECES-
53 SARY SERVICES FOR PARENTS AND CHILDREN, INCLUDING COUNSELING, PARENTING
54 SERVICES AND INTENSIVE CASE MONITORING WHEN:
55 (I) THE PARENT OR CAREGIVER IS ATTEMPTING TO OVERCOME A SUBSTANCE
56 ABUSE PROBLEM AND IS COMPLYING WITH AN APPROVED TREATMENT PLAN;
A. 3534 3
1 (II) THE SAFETY OF THE CHILD CAN BE ASSURED;
2 (III) THE RANGE OF SERVICES PROVIDED BY THE PROGRAM IS DESIGNED TO
3 APPROPRIATELY ADDRESS THE NEEDS OF THE PARENT AND CHILD; AND
4 (IV) THE GOAL OF THE CASE PLAN FOR THE CHILD IS EITHER TO PREVENT AN
5 OUT OF HOME PLACEMENT OR TO TRY TO REUNIFY THE CHILD WITH THE FAMILY.
6 OUT-PATIENT SERVICES SHALL ALSO BE MADE AVAILABLE BY THE LOCAL SOCIAL
7 SERVICES DISTRICT TO THOSE PREGNANT WOMEN AND CAREGIVERS WHOSE CIRCUM-
8 STANCES PREVENT THEM FROM ENROLLING IN A RESIDENTIAL TREATMENT PROGRAM
9 BUT WHO ARE SEEKING INTENSIVE CAREGIVER REHABILITATION SERVICES IN AN
10 EFFORT TO ELIMINATE THEIR ADDICTION WHILE PRESERVING THEIR FAMILIES.
11 (C) THE INTENSIVE CAREGIVER REHABILITATION SERVICES PROGRAM SHALL HAVE
12 A CASEWORKER TO CLIENT RATIO WHICH SHALL NOT EXCEED THE STAFFING LEVEL
13 WHICH IS DEEMED TO BE APPROPRIATE BY THE OFFICE OF CHILDREN AND FAMILY
14 SERVICES. INTENSIVE TREATMENT SERVICES SHALL BE PROVIDED TO ELIGIBLE
15 FAMILIES FOR NOT MORE THAN FORTY-FIVE DAYS FOR A RESIDENTIAL BASIS AND
16 NO MORE THAN NINETY DAYS FOR AN OUT-PATIENT BASIS; AND, WEEKLY FOLLOW-UP
17 SERVICES SHALL BE PROVIDED FOR A PERIOD OF NOT MORE THAN SIX MONTHS AS
18 DETERMINED ON A CASE-BY-CASE BASIS. PROVIDED, HOWEVER, THAT SUCH INTEN-
19 SIVE TREATMENT SERVICES, BOTH RESIDENTIAL AND OUT-PATIENT, AND THE WEEK-
20 LY FOLLOW-UP SERVICES MAY BE EXTENDED AS NEEDED ON A CASE-BY-CASE BASIS
21 FOR UP TO ONE YEAR.
22 S 4. The public health law is amended by adding a new section 2500-k
23 to read as follows:
24 S 2500-K. ALCOHOL AND SUBSTANCE ABUSE; SCREENING AND/OR TESTING OF
25 NEWBORNS. 1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR THE SCREEN-
26 ING AND/OR TESTING OF NEWBORNS FOR EXPOSURE TO ALCOHOL AND/OR A
27 CONTROLLED SUBSTANCE, INCLUDING EXPOSURE WHICH RESULTS FROM THE ABUSE OF
28 PRESCRIPTION DRUGS.
29 2. THE COMMISSIONER SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
30 DATE OF THIS SECTION, PROMULGATE RULES AND REGULATIONS TO ESTABLISH A
31 HOSPITAL PROTOCOL TO IMPLEMENT THE PROGRAM ESTABLISHED PURSUANT TO
32 SUBDIVISION ONE OF THIS SECTION. SUCH PROTOCOL SHALL INCLUDE THE ADMIN-
33 ISTRATION OF SCREENING, TESTING, REVIEW PROCESSES, COUNSELING AND REFER-
34 RALS FOR ALCOHOL AND SUBSTANCE ABUSE TREATMENT. SUCH PROTOCOLS SHALL
35 DETAIL THE PRESENTING OF MEDICAL CONDITIONS, CRITERIA OR SYMPTOMS WHICH
36 REQUIRE THE RESPONSIBLE PHYSICIAN OR BIRTH ATTENDANT TO SCREEN, TEST AND
37 INITIATE A REVIEW PROCESS FOR EXPOSURE TO ALCOHOL AND/OR A CONTROLLED
38 SUBSTANCE AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF THIS CHAP-
39 TER. SUCH PROTOCOLS SHALL NOT RELY ON THE EXPECTANT MOTHER'S AGE, RACE,
40 MARITAL STATUS, SOURCE OF INCOME, RESIDENCE, INSURANCE PROVIDER, EDUCA-
41 TIONAL LEVEL, OCCUPATION, PLACE OF EMPLOYMENT OR PROFESSION WHEN DETER-
42 MINING WHETHER OR NOT TO TEST A NEWBORN FOR EXPOSURE TO ALCOHOL AND/OR A
43 CONTROLLED SUBSTANCE. SUCH PROTOCOL SHALL REQUIRE THAT: (A) EACH
44 SCREENING FOR ALCOHOL AND/OR DRUGS BE SUBJECTED TO A SECOND CONFIRMATORY
45 TEST BEFORE AN INCIDENT REPORT MAY BE FILED WITH THE STATEWIDE CENTRAL
46 REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO PARAGRAPH (D) OF
47 SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-TWO OF THE SOCIAL
48 SERVICES LAW; (B) THAT A MEDICAL REVIEW OFFICER INTERVIEW THE EXPECTANT
49 OR POSTPARTUM WOMAN RELATIVE TO A POSITIVE TOXICOLOGY REPORT ON HER
50 NEWBORN; AND (C) EACH HOSPITAL COLLECT BLIND DATA ON THE SCREENING,
51 TESTING AND TREATMENT REFERRALS, WHEN APPROPRIATE, TO FAMILIES OF
52 NEWBORNS.
53 3. COMMENCING ON THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE ON
54 WHICH RULES AND REGULATIONS HAVE BEEN FILED WITH THE SECRETARY OF STATE
55 TO IMPLEMENT THIS SECTION, THE COMMISSIONER SHALL BIENNIALLY PREPARE A
56 REPORT NO LATER THAN THE FIFTEENTH OF DECEMBER OF EACH YEAR. SUCH REPORT
A. 3534 4
1 SHALL EVALUATE THE EFFECTIVENESS OF THE ALCOHOL AND DRUG SCREENING AND
2 TESTING POLICY AND PROTOCOL ESTABLISHED BY THIS SUBDIVISION. SUCH REPORT
3 SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: THE NUMBER OF
4 NEWBORNS SCREENED FOR EXPOSURE TO ALCOHOL OR A CONTROLLED SUBSTANCE BY
5 AGE, RACE, COLOR, ETHNICITY, SOCIO-ECONOMIC STATUS, TYPE OF MEDICAL
6 INSURANCE, AND ZIP CODE; THE NUMBER OF SCREENS WHICH RESULTED IN A POSI-
7 TIVE TOXICOLOGY; THE NUMBER OF SCREENS WHICH WERE THEN SUBJECTED TO A
8 SECOND CONFIRMATORY TEST; THE NUMBER OF FALSE POSITIVE TOXICOLOGY
9 REPORTS; THE NUMBER OF PHYSICIAN REPORTS TO THE STATE CENTRAL REGISTER
10 FOR CHILD ABUSE AND MALTREATMENT OF A POSITIVE TOXICOLOGY WHICH HAS BEEN
11 CONFIRMED AND REVIEWED; THE NUMBER OF WOMEN ADMITTED TO AN INTENSIVE
12 CAREGIVER REHABILITATIVE SERVICES PROGRAM AS A RESULT OF HOSPITAL INTER-
13 VENTION; THE NUMBER OF ALCOHOL AND DRUG SCREENS PERFORMED AT A HOSPITAL.
14 S 5. Paragraphs (vii) and (viii) of subdivision (a) of section 1046 of
15 the family court act, paragraph (vii) as amended by chapter 432 of the
16 laws of 1993 and paragraph (viii) as added by chapter 1015 of the laws
17 of 1972, are amended and a new paragraph (ix) is added to read as
18 follows:
19 (vii) neither the privilege attaching to confidential communications
20 between husband and wife, as set forth in section forty-five hundred two
21 of the civil practice law and rules, nor the physician-patient and
22 related privileges, as set forth in section forty-five hundred four of
23 the civil practice law and rules, nor the psychologist-client privilege,
24 as set forth in section forty-five hundred seven of the civil practice
25 law and rules, nor the social worker-client privilege, as set forth in
26 section forty-five hundred eight of the civil practice law and rules,
27 nor the rape crisis counselor-client privilege, as set forth in section
28 forty-five hundred ten of the civil practice law and rules, shall be a
29 ground for excluding evidence which otherwise would be admissible[.];
30 AND
31 (viii) proof of the "impairment of emotional health" or "impairment of
32 mental or emotional condition" as a result of the unwillingness or
33 inability of the respondent to exercise a minimum degree of care toward
34 a child may include competent opinion or expert testimony and may
35 include proof that such impairment lessened during a period when the
36 child was in the care, custody or supervision of a person or agency
37 other than the respondent[.]; AND
38 (IX) THE RESULTS OF ANY LABORATORY TEST SHOWING THE USAGE OF A
39 CONTROLLED SUBSTANCE BY, OR THE PRESENCE OF A CONTROLLED SUBSTANCE IN, A
40 PARENT, CHILD OR OTHER PERSON SHALL BE ADMISSIBLE ONLY IF:
41 (A) SUCH TEST WAS CONDUCTED BY A LABORATORY THAT HAS MET THE REQUIRE-
42 MENTS ESTABLISHED BY SECTION FIVE HUNDRED SEVENTY-FIVE OF THE PUBLIC
43 HEALTH LAW; AND
44 (B) THE LABORATORY AND THE PERSON OR INSTITUTION COLLECTING THE SAMPLE
45 HAS ESTABLISHED A CHAIN OF CUSTODY PROCEDURE FOR SAMPLE COLLECTING AND
46 TESTING THAT WILL VERIFY THE IDENTITY OF EACH SAMPLE AND TEST RESULT;
47 AND
48 (C) THE COLLECTING ENTITY DIVIDES THE SAMPLE COLLECTED, IF SUFFICIENT
49 INTO TWO SEPARATE CONTAINERS AND PRESERVES ONE SAMPLE IN A SECURE FREEZ-
50 ER IN SUCH A WAY THAT IT CAN BE LATER TESTED FOR THE PRESENCE OF ALCOHOL
51 OR CONTROLLED SUBSTANCES; AND
52 (D) THE SAMPLE IS RETESTED TO CONFIRM THE RESULTS OF THE FIRST TEST
53 AND WHICH PROVIDES QUANTITATIVE DATA ABOUT THE DETECTED DRUG OR DRUG
54 METABOLITES; AND
A. 3534 5
1 (E) THE RESULTS INCLUDE THE TYPE OF TESTS CONDUCTED, THE RESULTS OF
2 EACH TEST, AND THE DETECTION LEVEL, MEANING THE CUTOFF OR MEASURE USED
3 TO DISTINGUISH POSITIVE FROM NEGATIVE SAMPLES.
4 S 6. Section 1051 of the family court act is amended by adding a new
5 subdivision (g) to read as follows:
6 (G) WHERE THE COURT MAKES A FINDING OF NEGLECT OR ABUSE AND FINDS THAT
7 THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CHILD MISUSES A
8 DRUG OR DRUGS OR ALCOHOLIC BEVERAGES, THE COURT MAY REFER THE CASE TO A
9 PART OF THE COURT KNOWN AS THE "DRUG TREATMENT COURT". THE DRUG TREAT-
10 MENT COURT MAY REQUIRE THAT THE RESPONDENT MEET WITH A CASE MANAGER,
11 COMPLY WITH A TREATMENT PLAN, AND SUBMIT TO OVERSIGHT BY THE COURT,
12 INCLUDING REGULAR DRUG TESTING. THE DRUG TREATMENT COURT SHALL PROVIDE
13 FOR SPEEDY ENROLLMENT OF RESPONDENTS INTO APPROPRIATE TREATMENT
14 PROGRAMS, FREQUENT AND CONSISTENT MONITORING OF RESPONDENTS INCLUDING
15 REWARDING OF GOOD BEHAVIOR AND PENALIZING OF POOR BEHAVIOR, AND EXPE-
16 DITED DECISION MAKING.
17 S 7. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law.
