Bill Text: NY A05489 | 2017-2018 | General Assembly | Introduced

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Bill Title: Modifies the existing exemption from requiring a determination of what constitutes prima facie evidence of neglect where a parent or guardian engages in substance abuse or substantial manifestation of irrationality but is voluntarily and regularly participating in a recognized rehabilitative program so as to require the parent or guardian to have voluntarily participated in and to have successfully completed such a program and to have been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date, before such exemption applies.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2018-01-03 - referred to children and families [A05489 Detail]

Download: New_York-2017-A05489-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5489
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2017
                                       ___________
        Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COLTON,
          COOK, FARRELL, GALEF, M. G. MILLER, PERRY, SCHIMMINGER  --  read  once
          and referred to the Committee on Children and Families
        AN  ACT  to  amend  the  family  court act, in relation to modifying the
          existing exemption from what constitutes prima facie evidence of child
          neglect where a parent  or  guardian  voluntarily  participates  in  a
          recognized rehabilitative program
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (B) of paragraph (i)  of  subdivision  (f)  of
     2  section  1012  of the family court act, as amended by chapter 984 of the
     3  laws of 1981, is amended to read as follows:
     4    (B) in providing the child with proper supervision or guardianship, by
     5  unreasonably inflicting or allowing to be inflicted harm, or a  substan-
     6  tial  risk  thereof,  including  the  infliction  of  excessive corporal
     7  punishment; or by misusing a drug or drugs;  or  by  misusing  alcoholic
     8  beverages to the extent that he loses self-control of his actions; or by
     9  any  other  acts  of a similarly serious nature requiring the aid of the
    10  court; provided, however, that where the respondent [is] has voluntarily
    11  [and regularly participating] participated in and successfully completed
    12  a recognized rehabilitative program and has  been  verifiably  rehabili-
    13  tated  for  an uninterrupted period of one year immediately prior to the
    14  hearing date, evidence that the respondent has repeatedly misused a drug
    15  or drugs or alcoholic beverages to the extent that he loses self-control
    16  of his actions shall not establish that the child is a  neglected  child
    17  in  the  absence  of  evidence  establishing  that the child's physical,
    18  mental or emotional condition has been impaired or is in imminent danger
    19  of becoming impaired as set forth in this paragraph [(i) of this  subdi-
    20  vision]; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09490-01-7
        A. 5489                             2
     1    §  2. Paragraph (iii) of subdivision (a) of section 1046 of the family
     2  court act, as amended by chapter 984 of the laws of 1981, is amended  to
     3  read as follows:
     4    (iii)  proof that a person repeatedly misuses a drug or drugs or alco-
     5  holic beverages, to the extent that it has or would ordinarily have  the
     6  effect  of  producing in the user thereof a substantial state of stupor,
     7  unconsciousness, intoxication, hallucination, disorientation, or  incom-
     8  petence,  or  a  substantial  impairment  of  judgment, or a substantial
     9  manifestation of irrationality, shall be prima  facie  evidence  that  a
    10  child  of  or  who  is  the  legal  responsibility  of  such person is a
    11  neglected child except that such drug or alcoholic beverage misuse shall
    12  not be prima facie evidence of neglect when such person [is] has  volun-
    13  tarily  [and  regularly  participating] participated in and successfully
    14  completed a recognized rehabilitative program and  has  been  verifiably
    15  rehabilitated  for an uninterrupted period of one year immediately prior
    16  to the hearing date; and
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.