Bill Text: NY A07905 | 2017-2018 | General Assembly | Amended
Bill Title: Provides that a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person pursuant to sections twenty-one hundred sixty-four and twenty-five hundred four of the public health law and sections two and thirty-two hundred twelve of the education law for a period not exceeding twelve months; provides that a designation may not be more than twelve months.
Spectrum: Moderate Partisan Bill (Democrat 16-4)
Status: (Passed) 2018-06-27 - signed chap.80 [A07905 Detail]
Download: New_York-2017-A07905-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7905--A 2017-2018 Regular Sessions IN ASSEMBLY May 18, 2017 ___________ Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law, in relation to a parent or guardian naming a caregiver as a person in parental relation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 5-1551 of the general obligations law, as added by 2 chapter 119 of the laws of 2005, is amended to read as follows: 3 § 5-1551. Power of parent to designate a person in parental relation. 4 A parent of a minor or incapacitated person may designate another person 5 as a person in parental relation to such minor or incapacitated person 6 pursuant to sections twenty-one hundred sixty-four and twenty-five 7 hundred four of the public health law and sections two and thirty-two 8 hundred twelve of the education law for a period not exceeding [six] 9 twelve months provided that there is no prior order of any court in any 10 jurisdiction currently in effect that would prohibit such parent from 11 himself or herself exercising the same or similar authority, and 12 provided further, that, in the case where a court has ordered that both 13 parents must agree on education or health decisions regarding the child, 14 a designation pursuant to this subdivision shall not be valid unless 15 both parents have consented thereto. Such designation shall be in the 16 form prescribed by section 5-1552 of this title, and may be presented to 17 any school, health care provider or health plan that requires such 18 designation by either the parent or the designee. 19 § 2. Subdivision 1 of section 5-1552 of the general obligations law, 20 as added by chapter 119 of the laws of 2005, is amended to read as 21 follows: 22 1. Designations in general. A designation of a person in parental 23 relation pursuant to this title shall be in writing and shall include: 24 the name of the parent, the name of the designee, the name of each minor EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11673-02-7A. 7905--A 2 1 or incapacitated person with respect to whom such designation is made, 2 the parent's signature, and the date of such signature. The designation 3 may specify a period of time less than [six] twelve months for which 4 such designation shall be valid unless earlier revoked by such parent 5 pursuant to section 5-1554 of this title, provided that any designation 6 specifying a period of more than thirty days shall also conform to the 7 provisions of subdivision two of this section. 8 § 3. Subdivision 3 of section 5-1552 of the general obligations law, 9 as added by chapter 119 of the laws of 2005, is amended to read as 10 follows: 11 3. Designations not specifying a time period. If no time period is 12 specified in a designation, it shall be valid until the earlier of revo- 13 cation or the expiration of thirty days from the date of signature if 14 the designation does not meet the requirements of subdivision two of 15 this section, or [six] twelve months from the date of commencement spec- 16 ified therein if the designation meets the requirements of subdivision 17 two of this section. 18 § 4. This act shall take effect immediately.
