Bill Text: NY A08967 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to care and protection of children; adds to the definition of children at risk infants who test positive for a controlled substance not prescribed by a physician, in their bloodstream or urine, are born dependent on such drugs or who demonstrate drug withdrawal symptoms, or who have been diagnosed with a condition attributable to in utero exposure to illegal drugs.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2018-01-09 - referred to children and families [A08967 Detail]

Download: New_York-2017-A08967-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8967
                   IN ASSEMBLY
                                     January 9, 2018
                                       ___________
        Introduced by M. of A. D'URSO -- read once and referred to the Committee
          on Children and Families
        AN  ACT  to amend the public health law, the social services law and the
          family court act, in relation to care and protection of children
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 1 of section 2541 of the public health law, as
     2  added by chapter 428 of the laws of 1992, is amended to read as follows:
     3    1. "Children at risk" means children who may experience  a  disability
     4  because  of  medical,  biological  or  environmental  factors  which may
     5  produce  developmental  delay,  or  infants  who  test  positive  for  a
     6  controlled substance not prescribed by a physician, in their bloodstream
     7  or urine, are born dependent on such drugs or who demonstrate drug with-
     8  drawal  symptoms,  or who have been diagnosed with a condition attribut-
     9  able to in utero exposure to illegal drugs, as determined by the commis-
    10  sioner through regulation.
    11    § 2. Paragraphs (b) and (c) of subdivision 1 of section  2542  of  the
    12  public  health  law,  as  added  by chapter 428 of the laws of 1992, are
    13  amended and a new paragraph (d) is added to read as follows:
    14    (b) be coordinated with efforts to identify, locate and track children
    15  conducted by other agencies responsible  for  services  to  infants  and
    16  toddlers  and their families, including the efforts in (i) part B of the
    17  federal individuals with disabilities  education  act,  including  early
    18  childhood  direction centers, (ii) the maternal and child health program
    19  under title V of the federal social security act, including  the  infant
    20  health  assessment  program,  (iii) medicaid's early periodic screening,
    21  diagnosis and treatment program under title XIX of  the  federal  social
    22  security act, and (iv) the federal supplemental security income program;
    23  the keeping children and families safe act of 2003; [and]
    24    (c) provide for the identification, tracking and screening of children
    25  at  risk  of  developmental delay, using resources available through the
    26  programs, identified in paragraph (b) of this subdivision and such other
    27  available resources as the commissioner shall commit to this purpose[.];
    28  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02332-01-7
        A. 8967                             2
     1    (d) create services and a monitoring  program  for  mothers  who  give
     2  birth  to  children  at risk, which shall include, but not be limited to
     3  identifying risks for the child's wellbeing,  suggesting  rehabilitative
     4  steps  for  the  mother to mitigate such risks and working in accordance
     5  with  the  early  intervention program and notify the office of children
     6  and family services in the event that the mother is non-compliant in her
     7  monitoring program.
     8    § 3. Subdivision 3 of section  2542  of  the  public  health  law,  as
     9  amended  by  chapter  231  of  the  laws  of 1993, is amended to read as
    10  follows:
    11    3. The following persons and entities,  within  two  working  days  of
    12  identifying  an infant or toddler suspected of having a disability [or],
    13  at risk of having a disability, or who falls  under  the  definition  of
    14  children at risk, shall refer such infant or toddler to the early inter-
    15  vention  official or the health officer of the public health district in
    16  which the infant or toddler resides, as designated by the  municipality,
    17  but in no event over the objection of the parent made in accordance with
    18  procedures  established by the department for use by such primary refer-
    19  ral sources, unless the child has already  been  referred:    hospitals,
    20  child  health care providers, day care programs, local school districts,
    21  public health facilities, early childhood  direction  centers  and  such
    22  other  social  service  and  health  care  agencies and providers as the
    23  commissioner shall specify in regulation; provided,  however,  that  the
    24  department   shall   establish   procedures,  including  regulations  if
    25  required, to ensure that primary referral sources adequately inform  the
    26  parent  or  guardian  about  the  early  intervention program, including
    27  through brochures and written  materials  created  or  approved  by  the
    28  department.
    29    §  4.  Paragraph  (ii) of subdivision 4-a of section 371 of the social
    30  services law, as added by chapter 782 of the laws of  1971,  is  amended
    31  and a new paragraph (iii) is added to read as follows:
    32    (ii)  who  has  been  abandoned by his parents or other person legally
    33  responsible for his care[.]; or
    34    (iii) who is the child of a mother who is non-compliant with  a  moni-
    35  toring  program  required in paragraph (d) of subdivision one of section
    36  twenty-five hundred forty-two of the public health law.
    37    § 5. Paragraph (ii) of subdivision f of section  1012  of  the  family
    38  court act, as amended by chapter 666 of the laws of 1976, is amended and
    39  a new paragraph (iii) is added to read as follows:
    40    (ii)  who  has  been  abandoned, in accordance with the definition and
    41  other criteria set forth in subdivision five of  section  three  hundred
    42  eighty-four-b of the social services law, by his parents or other person
    43  legally responsible for his care[.];
    44    (iii)  who  is the child of a mother who is non-compliant with a moni-
    45  toring program required in paragraph (d) of subdivision one  of  section
    46  twenty-five hundred forty-two of the public health law.
    47    § 6. This act shall take effect immediately.