S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5229
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. TITUS -- read once and referred to the Committee
   on Children and Families
 
 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.
                                                            LBD07715-01-9
              

 A. 5229                             2
 
 CHILD BE  TAKEN  INTO  PROTECTIVE  CUSTODY  FOR  REASONS  OF  MUNCHAUSEN
 SYNDROME BY PROXY.
   §  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.