S T A T E   O F   N E W   Y O R K
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                                 3122--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sens. ORTT, FUNKE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the social services law and the family court act, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02122-02-5

              

S. 3122--A                          2

  (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
AGE REQUIREMENT FOR THE APPLICATION OF ARTICLE TWO  HUNDRED  SIXTY-THREE
OF SUCH LAW SHALL NOT APPLY TO PROCEEDINGS UNDER THIS ARTICLE.
  S 2. Subdivision e of section 1012 of the family court act, as amended
by chapter 7 of the laws of 1999 and paragraph (iii) as amended by chap-
ter 320 of the laws of 2006, is amended to read as follows:
  (e) "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 offense against such child
defined in article one hundred thirty of 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
age requirement for the application of article two  hundred  sixty-three
of such law shall not apply to proceedings under this article.
  S 3. This act shall take effect immediately.