Relates to child welfare

2 Co-sponsors

• David Koon
• Kevin Cahill

2 Multi-sponsors

• Susan John
• John McEneny

BILL NUMBER:A9883

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 1 of the constitution, in relation to child welfare

Purpose or general idea of bill

To establish a constitutional children's bill of rights.

Summary of specific provisions

Amends article 1 and repeals section 32 of article 6 of the New York State Constitution that:

*Provides that in all actions concerning children, the best interests of the child shall be a primary consideration.

*The state shall take appropriate measures to ensure children are protected against all forms of discrimination.

*The state shall take appropriate legislative and administrative measures necessary for the well being of children.

*The state shall ensure facilities responsible for the care of children shall comply with safety and health standards established by the state.

*The state shall recognize the right of a child to express his/her: right to opinion on matters effecting the child.

*The state shall take measures necessary to protect the child from all forms of physical, mental and sexual abuse; neglect; and maltreatment or exploitation while in the custody of a parent or legal guardian.

Justification

This amendment will recognize the rights and special needs of children. Its provisions are based on recommendations advanced by a United Nations taskforce on this subject. Our state Constitution is the repository of social policy in New York. Currently, it protects fundamental personal rights such as access to health care, education, and protects the rights of working people.

The time has come for our children to be afforded these same protections. The future of our State and Nation is our children and we should join others in protecting that future. The basic policy of this State should provide a means to this end.

Prior legislative history

Derived from A.8992 (1997-98) and A.1174 (1999-2000).

Fiscal implications

None.

Effective date

Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.