S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2559

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by  M. of A. TITUS, SCARBOROUGH -- read once and referred to
  the Committee on Social Services

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:

  Section  1. Subdivision 1 of section 417 of the social services law is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
CHILD  SHALL  BE  TAKEN INTO PROTECTIVE CUSTODY PURSUANT TO THIS SECTION
WHEN THE BASIS THEREOF IS AN ALLEGATION THAT A CUSTODIAL PARENT OR GUAR-
DIAN HAS MUNCHAUSEN SYNDROME BY PROXY, UNLESS AND UNTIL A  FAMILY  COURT
SHALL HAVE HELD A HEARING, WITH AN OPPORTUNITY FOR SUCH PARENT OR GUARD-
IAN  TO  BE HEARD, AND SHALL HAVE FOUND REASONABLE CAUSE TO BELIEVE SUCH
ALLEGATIONS ARE TRUE. THE PARENT OR  GUARDIAN  ALLEGED  TO  SUFFER  FROM
MUNCHAUSEN  SYNDROME  BY PROXY SHALL, AT ANY SUCH HEARING, BE ALLOWED TO
PRESENT EVIDENCE, INCLUDING EXPERT TESTIMONY, THAT HE OR  SHE  DOES  NOT
SUFFER FROM SUCH SYNDROME.
  (D) IN ANY HEARING HELD PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
IF  THE  CHILD'S  PEDIATRICIAN,  PRIMARY  CARE  PHYSICIAN  OR SPECIALIST
CHARGED WITH TREATING SUCH CHILD DISPUTES THE ALLEGATION  OF  MUNCHAUSEN
SYNDROME  BY  PROXY  MADE AGAINST THE CHILD'S PARENT OR GUARDIAN, AND IF
SUCH PHYSICIAN TESTIFIES, WHETHER BY AFFIDAVIT OR BEFORE THE COURT, THAT
THE CHILD'S MEDICAL TREATMENT IN  QUESTION  OR  THE  CHILD'S  COURSE  OF
TREATMENT  IN  GENERAL IS OR WAS NECESSARY FOR THE HEALTH AND WELL-BEING
OF SUCH CHILD, THEN THE FAMILY COURT SHALL FIND THAT THE  ALLEGATION  OF
MUNCHAUSEN  SYNDROME  BY  PROXY HAS BEEN REBUTTED, AND SHALL NOT ENTER A
FINDING OF ABUSE OR NEGLECT BASED  UPON  MUNCHAUSEN  SYNDROME  BY  PROXY
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.
                                                           LBD07020-02-1

              

A. 2559                             2

CHILD BE  TAKEN  INTO  PROTECTIVE  CUSTODY  FOR  REASONS  OF  MUNCHAUSEN
SYNDROME BY PROXY.
  S  2.  This  act  shall  take  effect  immediately, provided that such
provisions shall apply to any child in protective custody  on  or  after
such effective date.