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Sponsors
3 Co-sponsors
History
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for testing of newborns for presence of alcohol and/or controlled substance, rehabilitation services for parents and rules of admissibility for such tests
In Assembly Committee · Children And Families · Sponsor Hakeem Jeffries
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to providing drug rehabilitative services to parents of a newborn who tests positive for alcohol and/or controlled substances; to amend the public health law, in relation to providing for testing of newborns for alcohol or controlled substances; and to amend the family court act, in relation to the admissibility of laboratory tests showing usage of a controlled substance and referring certain alcohol and substance abusers to drug treatment court
Purpose or general idea of bill
The purpose of this bill is to provide for the non-discriminatory testing of newborns who may demonstrate some medical indicia that they have the presence of or have been exposed to alcohol and/or controlled substances. The bill also provides for an investigation and report of abuse or maltreatment after a physician has, through the use of accurate testing, concluded that a newborn has tested positive for the presence of alcohol and/or controlled substances. Further, the bill provides for rehabilitation services for the substance-abusing parent or caretaker and ensures that the child is placed in a safe environment until the parent or parents are able to take care of such infant.
Summary of specific provisions
Section 1: Amends Social Services Law (SSL) section 422(2) to require the Office of Children and Family Services (the Office), upon receipt of a report from a physician who confirms, through the latest testing methods, that a newborn has tested positive for alcohol and/or a controlled substance, to investigate and provide drug rehabilitation services for the expectant mother or caretaker parent;
Read the full memo (757 words)
Section 2: Amends SSL Section 409-a(5) to include substance abuse treatment and services to pregnant women or caretaker persons among the provision of preventive services;
Section 3: Amends SSL Section 423(7)to authorize the Office to issue grants to community-based not-for-profit organizations to create and enhance caregiver rehabilitation services to substance abusing pregnant women or a caretaker parent. This section also provides for intensive case management and monitoring of a substance-abusing parent or a caretaker;
Section 4: Adds Public Health Law Section 2500-k to require the Commissioner of Health to establish a program for screening and testing newborns that may have the presence of alcohol and/or controlled substances. The Commissioner is further required, by Rule, to establish a uniform hospital protocol to implement the program. The hospital protocol shall require a newborn to be tested for exposure to alcohol and/or controlled substances based upon medical symptoms. Further, such screening processes may not relay on socioeconomic factors such as the expectant mother's race, ethnicity, age, educational level, or profession. The Office shall every two years evaluate and detail the effectiveness of the alcohol and drug screening and testing policy;
Section 5: Amends Family Court Act (FCA) section 1046(a) to add a new paragraph (ix) to provide for the admissibility of a confirmed laboratory test which shows the usage of a controlled substance by, or the presence of a controlled substance in, a parent, child or other person.
Section 6: Adds a new subdivision (g) to section 1051 of the FCA to the referral of a parent or other person legally responsible for a child who tests positive for alcohol or drug abuse, to a drug treatment court, in certain cases.
Justification
Alcohol and substance abuse is prevalent in our society. Each day, numbers of children are born who have been exposed to or have the presence of such chemicals in their bodies at birth. Some of these children, due to this exposure to alcohol or illegal drugs suffer from Fetal Alcohol Syndrome (FAS) or other illness that severely impair their physical and cognitive ability to lead normal, happy and productive lives. The only cause of FAS is due to their mother's drug and/or alcohol use during pregnancy.
This legislation provides for a more systemic testing of newborns that have some medical indication that they have been exposed to alcohol or illegal drugs in-utero. Upon confirmation of a positive toxicology, there shall be an investigation on this situation. Further, appropriate services shall be provided to ensure the safety of the child and for such baby's parents or care givers in order to ensure that these children have a chance to live in a safe and nurturing environment and to thrive as they mature.
Prior legislative history
2006: A.7325 Referred to Children and Families
Fiscal implications for state and local governments
Undetermined.
Effective date
This act shall take effect 180 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.