BILL NUMBER: S4475

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the public health law and the educa-
tion law, in relation to the definition of person in parental relation-
ship to a child

 
PURPOSE: OF THE BILL:

This bill amends the Public Health Law Section 2164 and Education Law
Section 3212 to include non-parents who possess lawful orders of custody
in the definition of persons in parental relation who may make certain
health and education decisions for minors or incapacitated persons in
their care

 
SUMMARY OF PROVISIONS::

Section 2164 of this bill would amend the current Public Health Law 5
2164 to include non-parents who possess lawful orders of custody as
persons in parental relation of minors or incapacitated person, with
limited authority under the public health law, to consent to certain
              

immunizations.

Section 3212 of this bill would amend the current Education Law 5 3212
to include non-parents who have lawful orders of custody as persons in
parental relation of minors or incapacitated person, with limited
authority under the education law, to be responsible for school attend-
ance and certain schooling decisions.

 
LEGISLATIVE HISTORY::

5/26/17 - Referred to Judiciary
5/4/18 - Reference Changed to Health

 
JUSTIFICATION::

Public Health Law Section 2164 and Education Law Section 3212 define who
may be a "person in parental relation". Such persons have limited powers
regarding responsibility for schooling, school enrollment, and immuniza-
tions of children in their care. The definitions do not include persons
possessing lawful orders of custody from a court of competent jurisdic-
tion. Since many non-parent caregivers have such orders and since
already Domestic Relations Law Section 74 and Family Court Act Section
657 provide that guardians and legal custodians can enroll children in
school, there is a need to establish conformity of powers for legal
custodians in relation to certain health and schooling duties.

According to the U. S. Census American Community Survey data, in New
York State, there are more than 130,000 grandparent "kinship" families.
Together with aunts, uncles and other family members, estimates are as
many as 200,000 kinship families are raising 300,000 children in New
York State. Kinship caregivers are defined as non-parents, including
grandparents, blood relatives, and close family friends who provide
fulltime care and control of children in their household.

While the Office of Court Administration does not maintain data on the
number of non-parent caregivers awarded legal custody or guardianship,
it .is commonly acknowledged that in many family.courts kinship caregiv-
ers pursuant to Article Six section 651 are independently awarded orders
of legal custody. According to the Office for Children and Family
.Services, it is also common practice that relatives are often given
orders of custody of children who are at risk of being removed from
their parents by Child Protective Services pursuant to Family Court Act
1017 (2) (a) (i), 1055 (a) or 1089 (b) .

The omission of persons possessing lawful orders of custody from the
public health law definition of person in parental relation who may be
responsible for consenting to the certain immunizations of minors does
not comport with the realities of kinship care where many legal custo-
dians are responsible for routine health care and immunizations. By
expanding the law to include caregivers possessing lawful orders of
custody, tens of thousands of legal custodians will have the appropriate
health and education responsibilities that comport with the realities of
caregiving.

 
FISCAL IMPLICATIONS::

None to the State

 
EFFECTIVE DATE::

Immediately