NY State Senate Bill 2021-S5352

Senate Bill S5352

2021-2022 Legislative Session

Directs child protective services to investigate and test a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to children and families
Mar 02, 2021	referred to children and families

2021-S5352 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §424, Soc Serv L; amd §1034, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8221
2017-2018: S137
2019-2020: S1938

2021-S5352 (ACTIVE) - Summary

Directs child protective services to investigate and test, for the presence of controlled substances, a child under the age of 3 who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child; authorizes family courts to order the production of such a child for the purpose of conducting such testing; directs the office of children and family services to compile data on such testing, and to submit a report thereon to the governor and the legislature.

2021-S5352 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5352

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the social services law, in relation to directing child
protective services to investigate for child abuse or maltreatment, in
any case where a child, under the age of 3 years is in the vicinity of a
person arrested for a controlled substance offense when the arrested
person is the parent or guardian of, or person legally responsible for
such child, and requiring the testing of such a child for the presence
of controlled substances in his or her system; to amend the family court
act, in relation to authorizing courts to order the production of such a
child for the purpose of testing; and directing the office of children
and family services to submit a report thereon to the governor and the
legislature

 
PURPOSE:

This bill directs child protective services to investigate and test a
child under the age of 3 for the ingestion of drugs who was in the
vicinity of a drug arrest of a parent, guardian or person legally

responsible for the child.

 
SUMMARY OF PROVISIONS:

Section 1- Amends section 424 of the social services law by adding a new
subdivision 15

Section 2- Amends subparagraph (ii) of paragraph (a) of subdivision 2 of
section 1034 of the family court act

Section 3-Amends subparagraph (ii) of paragraph (b) of subdivision 2 of
section 1034 of the family court act

 
JUSTIFICATION:

Known as "Kayleigh Mae's Law" this legislation requires the hair folli-
cle testing of an infant or toddler under the age of 3 who is in the
vicinity of a person who is arrested on a drug charge such as heroin,
when the arrested person is legally responsible for the child. Kayleigh
Mae died at 13 months of age after being given heroin and cocaine for 10
months after birth. Unfortunately, there are numerous other situations
in our state where children under the age of 3 have been given drugs and
cannot speak out during child protective investigations. It is essential
that a process is put in place to protect such children from further
drug abuse. This bill ensures that when a person legally responsible for
the child is arrested for a controlled substance such as heroin that
there is an investigation to determine that any infants or toddlers in
the household are drug free. If necessary, child protective services may
obtain a court order for the purpose of testing the child. The Office of
Children and Family Services is required to submit a report within one
year on the number of cases tested.

 
LEGISLATIVE HISTORY:

2020/2019: S1938 referred to Children and Families; A3393 referred to
Children and Families

2018/2017: S137 passed Senate; A3900 referred to Children and Families

2016: 5821 referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The first of January next succeeding the date on which it becomes law.

2021-S5352 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5352
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to directing  child
   protective services to investigate for child abuse or maltreatment, in
   any case where a child, under the age of 3 years is in the vicinity of
   a person arrested for a controlled substance offense when the arrested
   person is the parent or guardian of, or person legally responsible for
   such child, and requiring the testing of such a child for the presence
   of  controlled  substances  in  his or her system; to amend the family
   court act, in relation to authorizing courts to order  the  production
   of  such  a child for the purpose of testing; and directing the office
   of children and family services to submit  a  report  thereon  to  the
   governor and the legislature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 424 of the social services law is amended by adding
 a new subdivision 15 to read as follows:
   15. UPON THE RECEIPT OF A REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
 MENT OF A CHILD UNDER THE AGE OF THREE YEARS, MADE BY A PERSON  REQUIRED
 TO  REPORT  CASES  OF  SUSPECTED CHILD ABUSE OR MALTREATMENT PURSUANT TO
 SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE, WHEN SUCH CHILD WAS IN  THE
 VICINITY OF HIS OR HER PARENT OR GUARDIAN, OR A PERSON LEGALLY RESPONSI-
 BLE  FOR  THE  CHILD, WHO WAS ARRESTED FOR AN OFFENSE DEFINED IN ARTICLE
 TWO HUNDRED TWENTY OF THE PENAL LAW, IMMEDIATELY CAUSE AN  INVESTIGATION
 TO BE COMMENCED TO DETERMINE WHETHER THE CHILD IS ABUSED AND MALTREATED,
 AND  CAUSE WITHIN TEN DAYS OF SUCH REPORT, A HAIR FOLLICLE TEST OR OTHER
 APPROPRIATE TEST TO BE PERFORMED ON THE CHILD TO DETERMINE THE  PRESENCE
 OF CONTROLLED SUBSTANCES IN THE CHILD'S SYSTEM.
   §  2.  Subparagraph  (ii) of paragraph (a) of subdivision 2 of section
 1034 of the family court act, as amended by chapter 740 of the  laws  of
 2006, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09926-01-1

 S. 5352                             2
 
   (ii) Where a court order has been requested pursuant to this paragraph
 the  court  may  issue  an  order  under this section requiring that the
 parent or other persons legally responsible for the  child  or  children
 produce the child or children at a particular location which may include
 a  child  advocacy center, or to a particular person for an interview of
 the child or children, and for  observation  of  the  condition  of  the
 child,   outside   of  the  presence  of  the  parent  or  other  person
 responsible, AND, IN THE CASE OF A REPORT SUBMITTED PURSUANT TO SUBDIVI-
 SION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL  SERVICES
 LAW,  FOR  THE  PURPOSE  OF THE TESTING OF THE CHILD OR CHILDREN FOR THE
 PRESENCE OF CONTROLLED SUBSTANCES IN ACCORDANCE WITH SUCH SUBDIVISION.
   § 3. Subparagraph (ii) of paragraph (b) of subdivision  2  of  section
 1034  of  the family court act, as amended by chapter 740 of the laws of
 2006, is amended to read as follows:
   (ii) Where a court order has been requested pursuant to this paragraph
 the court may issue an order under this section authorizing  the  person
 conducting the child protective investigation to enter the home in order
 to  determine  whether  such  child  or  children  are present and/or to
 conduct a home visit and evaluate the home environment of the  child  or
 children, AND, IN THE CASE OF A REPORT SUBMITTED PURSUANT TO SUBDIVISION
 FIFTEEN  OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW,
 CAUSE THE CHILD TO BE TESTED FOR THE  POSSIBLE  PRESENCE  OF  CONTROLLED
 SUBSTANCES IN THE CHILD'S BODY IN ACCORDANCE WITH SUCH SUBDIVISION.
   §  4. Within one year of the effective date of this act, the office of
 children and family services shall compile data and submit a  report  to
 the  governor  and the legislature on the number of cases in which tests
 were conducted pursuant to subdivision 15 of section 424 of  the  social
 services  law, and such report shall include such additional information
 and data as the office of children and family services shall deem to  be
 necessary.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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