Bill Text: NY S03831 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 3831 (Prior Session Legislation)

Introduced

Bill Title: Provides that a child shall not be taken into protective custody based on an allegation that a custodial parent or guardian suffers from Munchausen syndrome by proxy without a family court hearing on such allegations.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S03831 Detail]

Download: New_York-2011-S03831-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3831
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2011
                                      ___________
       Introduced  by  Sen. JOHNSON -- 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 taking  a  child
         into  protective  custody on the basis of an allegation of a parent or
         guardian with Munchausen syndrome by proxy
         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 417 of the social services law is
    2  amended by adding two new paragraphs (c) and (d) to read as follows:
    3    (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
    4  CHILD  SHALL  BE  TAKEN INTO PROTECTIVE CUSTODY PURSUANT TO THIS SECTION
    5  WHEN THE BASIS THEREOF IS AN ALLEGATION THAT A CUSTODIAL PARENT OR GUAR-
    6  DIAN HAS MUNCHAUSEN SYNDROME BY PROXY, UNLESS AND UNTIL A  FAMILY  COURT
    7  SHALL HAVE HELD A HEARING, WITH AN OPPORTUNITY FOR SUCH PARENT OR GUARD-
    8  IAN  TO  BE HEARD, AND SHALL HAVE FOUND REASONABLE CAUSE TO BELIEVE SUCH
    9  ALLEGATIONS ARE TRUE. THE PARENT OR  GUARDIAN  ALLEGED  TO  SUFFER  FROM
   10  MUNCHAUSEN  SYNDROME  BY PROXY SHALL, AT ANY SUCH HEARING, BE ALLOWED TO
   11  PRESENT EVIDENCE, INCLUDING EXPERT TESTIMONY, THAT HE OR  SHE  DOES  NOT
   12  SUFFER FROM SUCH SYNDROME.
   13    (D) IN ANY HEARING HELD PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
   14  IF  THE  CHILD'S  PEDIATRICIAN,  PRIMARY  CARE  PHYSICIAN  OR SPECIALIST
   15  CHARGED WITH TREATING SUCH CHILD DISPUTES THE ALLEGATION  OF  MUNCHAUSEN
   16  SYNDROME  BY  PROXY  MADE AGAINST THE CHILD'S PARENT OR GUARDIAN, AND IF
   17  SUCH PHYSICIAN TESTIFIES, WHETHER BY AFFIDAVIT OR BEFORE THE COURT, THAT
   18  THE CHILD'S MEDICAL TREATMENT IN  QUESTION  OR  THE  CHILD'S  COURSE  OF
   19  TREATMENT  IN  GENERAL IS OR WAS NECESSARY FOR THE HEALTH AND WELL-BEING
   20  OF SUCH CHILD, THEN THE FAMILY COURT SHALL FIND THAT THE  ALLEGATION  OF
   21  MUNCHAUSEN  SYNDROME  BY  PROXY HAS BEEN REBUTTED, AND SHALL NOT ENTER A
   22  FINDING OF ABUSE OR NEGLECT BASED  UPON  MUNCHAUSEN  SYNDROME  BY  PROXY
   23  AGAINST  THE  CHILD'S  PARENT  OR GUARDIAN, AND SHALL NOT ORDER THAT THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07020-01-1
       S. 3831                             2
    1  CHILD BE  TAKEN  INTO  PROTECTIVE  CUSTODY  FOR  REASONS  OF  MUNCHAUSEN
    2  SYNDROME BY PROXY.
    3    S  2.  This  act shall take effect immediately, and shall apply to any
    4  child in protective custody on or after such effective date.