Bill Text: NY S01938 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs child protective services to investigate and test, for the presence of controlled substances, a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child; authorizes family courts to order the production of such a child for the purpose of conducting such testing; and directs the office of children and family services to compile data on such testing, and to submit a report thereon to the governor and the legislature.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2020-02-24 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED [S01938 Detail]
Download: New_York-2019-S01938-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1938 2019-2020 Regular Sessions IN SENATE January 17, 2019 ___________ Introduced by Sens. LITTLE, AKSHAR, FUNKE, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to directing child protective services to investigate for child abuse or maltreatment, in any case where a child, under the age of 3 years is in the vicinity of a person arrested for a controlled substance offense when the arrested person is the parent or guardian of, or person legally responsible for such child, and requiring the testing of such a child for the presence of controlled substances in his or her system; to amend the family court act, in relation to authorizing courts to order the production of such a child for the purpose of testing; and directing the office of children and family services to submit a report thereon to the governor and the legislature The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 424 of the social services law is amended by adding 2 a new subdivision 15 to read as follows: 3 15. upon the receipt of a report of suspected child abuse or maltreat- 4 ment of a child under the age of three years, made by a person required 5 to report cases of suspected child abuse or maltreatment pursuant to 6 section four hundred thirteen of this title, when such child was in the 7 vicinity of his or her parent or guardian, or a person legally responsi- 8 ble for the child, who was arrested for an offense defined in article 9 two hundred twenty of the penal law, immediately cause an investigation 10 to be commenced to determine whether the child is abused and maltreated, 11 and cause within ten days of such report, a hair follicle test or other 12 appropriate test to be performed on the child to determine the presence 13 of controlled substances in the child's system. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03665-01-9S. 1938 2 1 § 2. Subparagraph (ii) of paragraph (a) of subdivision 2 of section 2 1034 of the family court act, as amended by chapter 740 of the laws of 3 2006, is amended to read as follows: 4 (ii) Where a court order has been requested pursuant to this paragraph 5 the court may issue an order under this section requiring that the 6 parent or other persons legally responsible for the child or children 7 produce the child or children at a particular location which may include 8 a child advocacy center, or to a particular person for an interview of 9 the child or children, and for observation of the condition of the 10 child, outside of the presence of the parent or other person 11 responsible, and, in the case of a report submitted pursuant to subdivi- 12 sion fifteen of section four hundred twenty-four of the social services 13 law, for the purpose of the testing of the child or children for the 14 presence of controlled substances in accordance with such subdivision. 15 § 3. Subparagraph (ii) of paragraph (b) of subdivision 2 of section 16 1034 of the family court act, as amended by chapter 740 of the laws of 17 2006, is amended to read as follows: 18 (ii) Where a court order has been requested pursuant to this paragraph 19 the court may issue an order under this section authorizing the person 20 conducting the child protective investigation to enter the home in order 21 to determine whether such child or children are present and/or to 22 conduct a home visit and evaluate the home environment of the child or 23 children, and, in the case of a report submitted pursuant to subdivision 24 fifteen of section four hundred twenty-four of the social services law, 25 cause the child to be tested for the possible presence of controlled 26 substances in the child's body in accordance with such subdivision. 27 § 4. Within one year of the effective date of this act, the office of 28 children and family services shall compile data and submit a report to 29 the governor and the legislature on the number of cases in which tests 30 were conducted pursuant to subdivision 15 of section 424 of the social 31 services law, and such report shall include such additional information 32 and data as the office of children and family services shall deem to be 33 necessary. 34 § 5. This act shall take effect on the first of January next succeed- 35 ing the date on which it shall have become a law.
