Bill Text: NY S06013 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the definition of person in parental relationship to a child; includes a person possessing a lawful order of custody of a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-28 - PRINT NUMBER 6013A [S06013 Detail]

Download: New_York-2017-S06013-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6013--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 10, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education -- recom-
          mitted to the Committee on Higher Education in accordance with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the public health law and the education law, in relation
          to the definition of person in parental relationship to a child
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph c of subdivision 1 of section 2164 of the public
     2  health law, as amended by chapter 401 of the laws of 2015, is amended to
     3  read as follows:
     4    c. The term "person in parental relation to a child"  shall  mean  and
     5  include  [his] the child's father or mother, by birth or adoption, [his]
     6  the child's legally appointed guardian, a  person  possessing  a  lawful
     7  order  of  custody  of a child, or [his] the child's custodian. A person
     8  shall be regarded as the custodian of a child if he or she  has  assumed
     9  the  charge  and  care  of  the  child  because  the  parents or legally
    10  appointed guardian of the minor have died, are imprisoned, are  mentally
    11  ill,  or  have  been  committed  to an institution, or because they have
    12  abandoned or deserted such child or are  living  outside  the  state  or
    13  their whereabouts are unknown, or have designated the person pursuant to
    14  title  fifteen-A  of  article  five  of the general obligations law as a
    15  person in parental relation to the child.
    16    § 2. Subdivision 1 of section 3212 of the education law, as amended by
    17  chapter 119 of the laws of 2005, is amended to read as follows:
    18    1. Definition. As used in this article, a person in parental  relation
    19  to  another individual shall include [his] the child's father or mother,
    20  by birth or adoption, [his]  the  child's  step-father  or  step-mother,
    21  [his]  the  child's  legally  appointed  guardian, a person possessing a
    22  lawful order of custody of a child, or [his] the  child's  custodian.  A
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11434-02-8
        S. 6013--A                          2
     1  person shall be regarded as the custodian of another individual if he or
     2  she  has  assumed  the  charge  and  care of such individual because the
     3  parents or legally appointed guardian of such individual have died,  are
     4  imprisoned,  are mentally ill, or have been committed to an institution,
     5  or because, they have abandoned  or  deserted  such  individual  or  are
     6  living  outside  the  state  or  their  whereabouts are unknown, or have
     7  designated the person pursuant to title fifteen-A of article five of the
     8  general obligations law as a person in parental relation to the child.
     9    § 3. This act shall take effect immediately.