Legislation
SECTION 232
Jurisdiction over children with physical disabilities
Family Court Act (FCT) CHAPTER 686, ARTICLE 2, PART 3
§ 232. Jurisdiction over children with physical disabilities. (a) The
family court has jurisdiction over children with physical disabilities.
(b) "Child with physical disabilities" means a person under twenty-one
years of age who, by reason of a physical disability, whether congenital
or acquired by accident, injury or disease, is or may be expected to be
totally or partially incapacitated for education or for remunerative
occupation, as provided in the education law, or has a physical
disability, as provided in section two thousand five hundred eighty-one
of the public health law.
(c) (1) Whenever a parent or other person who has been ordered to
contribute to the cost of medical service authorized pursuant to section
two thousand five hundred eighty-two of the public health law refuses to
or fails to make such contribution, the health commissioner or the
medical director of the program for children with physical disabilities,
as the case may be, may institute a proceeding in the family court to
compel such contribution. In any case where an order has been granted
pursuant to section 556-18.0 or section 17-121 of the administrative
code of the city of New York the department of health, under the
conditions specified in such section, may institute a proceeding in the
family court to compel the parents of a child for whom care, treatment,
appliances or devices have been ordered pursuant to such section, or
other persons legally chargeable with the support of such child, to
contribute such portion of the expense of such care, treatment,
appliances or devices as may be just, by payments in installments or
otherwise.
(2) A parent or other person who has been ordered by the commissioner
of health of a county or part-county health district, the medical
director of a county program for children with physical disabilities, or
the department of health of the city of New York, to contribute to the
cost of medical service authorized under section two thousand five
hundred eighty-two of the public health law, may petition the family
court to review such order and determine the extent, if any, of his
financial liability. In any such proceeding, the court may by order
require such parent or other person to pay part or all of the expense of
such service in a lump sum or in such weekly or monthly installments as
the court may decide.
family court has jurisdiction over children with physical disabilities.
(b) "Child with physical disabilities" means a person under twenty-one
years of age who, by reason of a physical disability, whether congenital
or acquired by accident, injury or disease, is or may be expected to be
totally or partially incapacitated for education or for remunerative
occupation, as provided in the education law, or has a physical
disability, as provided in section two thousand five hundred eighty-one
of the public health law.
(c) (1) Whenever a parent or other person who has been ordered to
contribute to the cost of medical service authorized pursuant to section
two thousand five hundred eighty-two of the public health law refuses to
or fails to make such contribution, the health commissioner or the
medical director of the program for children with physical disabilities,
as the case may be, may institute a proceeding in the family court to
compel such contribution. In any case where an order has been granted
pursuant to section 556-18.0 or section 17-121 of the administrative
code of the city of New York the department of health, under the
conditions specified in such section, may institute a proceeding in the
family court to compel the parents of a child for whom care, treatment,
appliances or devices have been ordered pursuant to such section, or
other persons legally chargeable with the support of such child, to
contribute such portion of the expense of such care, treatment,
appliances or devices as may be just, by payments in installments or
otherwise.
(2) A parent or other person who has been ordered by the commissioner
of health of a county or part-county health district, the medical
director of a county program for children with physical disabilities, or
the department of health of the city of New York, to contribute to the
cost of medical service authorized under section two thousand five
hundred eighty-two of the public health law, may petition the family
court to review such order and determine the extent, if any, of his
financial liability. In any such proceeding, the court may by order
require such parent or other person to pay part or all of the expense of
such service in a lump sum or in such weekly or monthly installments as
the court may decide.