Assembly Bill A8094

2017-2018 Legislative Session

Relates to the definition of person in parental relationship to a child

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2017-A8094 (ACTIVE) - Details

See Senate Version of this Bill:
S6013
Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Amd §2164, Pub Health L; amd §3212, Ed L
Versions Introduced in 2019-2020 Legislative Session:
A1121, S4475

2017-A8094 (ACTIVE) - Summary

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

2017-A8094 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8094
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 26, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Judiciary
 
 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:

   Section 1. Paragraph c of subdivision 1 of section 2164 of the  public
 health law, as amended by chapter 401 of the laws of 2015, is amended to
 read as follows:
   c.  The  term  "person in parental relation to a child" shall mean and
 include [his] THE CHILD'S father or mother, by birth or adoption,  [his]
 THE  CHILD'S  legally  appointed  guardian, A PERSON POSSESSING A LAWFUL
 ORDER OF CUSTODY OF A CHILD, or [his] THE CHILD'S  custodian.  A  person
 shall  be  regarded as the custodian of a child if he OR SHE has assumed
 the charge and  care  of  the  child  because  the  parents  or  legally
 appointed  guardian of the minor have died, are imprisoned, are mentally
 ill, or have been committed to an  institution,  or  because  they  have
 abandoned  or  deserted  such  child  or are living outside the state or
 their whereabouts are unknown, or have designated the person pursuant to
 title fifteen-A of article five of the  general  obligations  law  as  a
 person in parental relation to the child.
   § 2. Subdivision 1 of section 3212 of the education law, as amended by
 chapter 119 of the laws of 2005, is amended to read as follows:
   1.  Definition. As used in this article, a person in parental relation
 to another individual shall include [his] THE CHILD'S father or  mother,
 by  birth  or  adoption,  [his]  THE CHILD'S step-father or step-mother,
 [his] THE CHILD'S legally appointed  guardian,  A  PERSON  POSSESSING  A
 LAWFUL  ORDER  OF  CUSTODY OF A CHILD, or [his] THE CHILD'S custodian. A
 person shall be regarded as the custodian of another individual if he OR
 SHE has assumed the charge and  care  of  such  individual  because  the
 parents  or legally appointed guardian of such individual have died, are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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