Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to children and families |
Oct 21, 2009 |
referred to rules |
Senate Bill S6239
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S6239 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4563
- Current Committee:
- Senate Children And Families
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §371, Soc Serv L; amd §§1012, 1028, 1046 & 1051, Fam Ct Act
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S995, A4991, A9327
2013-2014: A2408
2015-2016: A70
2017-2018: A1172
2009-S6239 (ACTIVE) - Summary
Broadens the scope of child abuse and neglected child to include proof of a positive controlled substance toxicology report on a newborn infant; presence of such controlled substances establishes a rebuttable presumption that the release of the infant to the parent presents an imminent danger to the child's health or life.
2009-S6239 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6239 TITLE OF BILL : An act to amend the social services law and the family court act, in relation to proof of a neglected or abused child PURPOSE : The purpose of this bill is to provide that when a mother uses illegal drugs during her pregnancy which causes her infant to be born with positive toxicity for such drugs that this is proof of neglect. SUMMARY OF PROVISIONS : Section 1: Legislative Findings: These findings recognize that the state's public health and interest in protecting the welfare of a child are clearly involved and necessitate intervention when a child tests positive for illegal drugs immediately after birth. Section 2: Amends subdivision 4-a of section 371 of the social services law in regard to expanding the definition of a "neglected child" to include a newborn infant testing positive for a controlled substance. Section 3: Amends subdivision (f) of section 1012 of the family court act to expand the definition of a "neglected child" to include a newborn infant testing positive for a controlled substance.
2009-S6239 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6239 2009-2010 Regular Sessions I N S E N A T E October 21, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law and the family court act, in relation to proof of a neglected or abused child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds and declares that infants who are born drug-exposed and drug-addicted must be a priority of our state's public health and child welfare systems. Ille- gal drug addiction in pregnant women and corresponding fetal drug expo- sure is an epidemic that has expanded in virtually geometric proportion since the 1980's with the advent of cheap, smokeable free base crack cocaine. A large body of professional literature from the fields of pediatrics, obstetrics and the social sciences has documented a multi-million dollar problem whose effect on a generation of young Americans is still being discovered. Unfortunately, the laws and jurisprudence of the state of New York have failed to adequately and appropriately address this burgeoning crisis. The legislature further finds and declares that illegal drug use during pregnancy creates a high degree of risk that newborns will exhib- it neurobehavioral and circulatory health complications. These compli- cations include neurological defects, learning disabilities, low cogni- tion, physical and developmental delay, and low birth weight. Moreover, other states have recognized in utero drug exposure as correlative to the likelihood of further abuse or neglect during the child's infancy. Such recognition has led to statutory revisions causing in utero drug exposure to be presumptive evidence of child abuse or neglect and thereby warranting immediate child protective services intervention. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04502-01-9
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