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- Referred to children and families
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Sponsor's memo
BILL NUMBER:A10829
Title of bill
An act to amend the social services law and the family court act, in relation to the definition of a maltreated and neglected child
Purpose or general idea of bill
To include children born drug-dependent and those whose parents cannot provide minimal care to their children due to the drug or alcohol dependencies of such parents within the defi- nition of an abused or maltreated child.
Summary of specific provisions
This bill provides that children of parents who abuse alcohol or drugs to the extent that they are incapable -of providing minimal care to the children, and children who are born drug-dependent as a result of drug abuse during pregnancy shall be deemed maltreated and neglected.
Effects of present law which this bill would alter
Amends 412 of the Social Services Law and 1012 of the Family Court Act.
Justification
This legislation is intended to ensure that the children of drug and or alcohol dependent parents can be the subject of child protective proceedings. The New York State Department of Social services seems to feel that such children, particularly those suffering due to the prenatal conduct of their mothers, cannot be deemed maltreated or neglected under current statutes. This bill will establish, statutorily, that these children can be and are to be deemed maltreated and neglected, thus making them eligible to be the subject of child protec- tive proceedings. This would allow for the removal of the child from the home, when necessary, and intervention by social-services and the Family Court so as to provide for the best interests of the child.
Prior legislative history
2008: A.4854; Held for consideration in Children and Families 2007: A.4854; Referred to Children and Families 2006: A.2511; Held for consideration in Children and Families 2005: A.2511; Referred to Children and Families 2004: A.2302; Referred to Children and Families 2003: A.2302; Held for consideration in Children and Families 2002: A.3134; Held for consideration in Children and Families 2001: A.3134; Referred to Children and Families 2000: A.2867: Referred to Children and Families 1999: A.2867; Held for consideration in Children and Families 1999: A.1744; Referred to Children and Families 1997: A.1744; Referred to Children and Families 1996: A.1713; Reference changed to Children and Families 1995: A.1713; Referred to Social Services 1994: A.3081; Referred to Children and Families 1993: A.3061; Referred to Children and Families 1992: A.6940
Fiscal implications for state and local governments
None noted.
Effective date
First day of November following enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.