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

                                  8383

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Children and Families

AN  ACT  to amend the social services law, in relation to the definition
  of "abused child"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 4-b of section 371 of the social services law,
as added by chapter 782 of the laws of 1971, the  opening  paragraph  as
amended  by  chapter  518  of  the  laws  of 1977, is amended to read as
follows:
  4-b. "Abused child" means a child less  than  eighteen  years  of  age
whose parent or other person legally responsible for his care
  (i) inflicts or allows to be inflicted upon such child physical injury
by  other  than  accidental  means which causes or creates a substantial
risk of death, or serious or  protracted  disfigurement,  or  protracted
impairment of physical or emotional health or protracted loss or impair-
ment  of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (ii) creates or allows to be created a substantial  risk  of  physical
injury to such child by other than accidental means which would be like-
ly  to cause death or serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or impair-
ment of the function of any bodily organ, OR THE IMPAIRMENT OF  PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
  (iii)  commits,  or  allows  to  be  committed, an act of sexual abuse
against such child as defined in the penal law[.], OR
  (IV) ALLOWS, PERMITS OR ENCOURAGES SUCH CHILD TO  ENGAGE  IN  ANY  ACT
DESCRIBED IN SECTIONS 230.25, 230.30 AND 230.32 OF THE PENAL LAW, OR
  (V)  COMMITS  ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25, 255.26 AND
255.27 OF THE PENAL LAW, OR
  (VI) ALLOWS SUCH CHILD TO ENGAGE IN ACTS OR CONDUCT DESCRIBED IN ARTI-
CLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW PROVIDED, HOWEVER, THAT (A)
THE CORROBORATION REQUIREMENTS CONTAINED IN THE PENAL LAW  AND  (B)  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD13167-02-3
              

A. 8383                             2

AGE  REQUIREMENT  FOR THE APPLICATION OF ARTICLE TWO HUNDRED SIXTY-THREE
OF SUCH LAW SHALL NOT APPLY TO PROCEEDINGS UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately.