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S3831Senate2011-2012 Session

Provides that a child shall not be taken into protective custody based on parent's Munchausen syndrome by proxy without a family court hearing thereon

Sponsor Owen H. JohnsonSD-4Affects Health
Status
In Senate Committee
Children And Families
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Children And Families

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Sponsors

Primary sponsor
Owen H. Johnson

Senator · Senate District 4

No co-sponsors yet.

History

  1. Referred to children and families
  2. Referred to children and families

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3831

Title of bill

An act to amend the social services law, in relation to taking a child into protective custody on the basis of an allegation of a parent or guardian with Munchausen syndrome by proxy

Purpose

To provide that a child shall not be taken into protective custody based on parent's Munchausen syndrome by proxy without a family court hearing.

Summary of provisions

Section one of the bill amends subdivision 1 of section 417 of the social services Jaw to require that before a child can be taken into protective custody on the basis of an allegation that a parent or guardian has Munchausen syndrome by proxy (MSBP) a hearing must be held, with an opportunity for such parents or guardian to be heard, allowing the parent or guardian to present evidence, including expert testimony that they do not suffer from MSBP. The bill would also allow the child's pediatrician or primary care physician as a specialist to rebut the allegation at the hearing.

Section two provides the effective date.

Existing law

None.

Justification

Munchausen Syndrome By Proxy (MSBP), a form of child abuse played out in the medical setting, was originally described by English pediatrician Roy Meadow in 1977. By 1995, to his surprise, MSBP had become so popular that Meadow admitted that the diagnosis had been overused and misunderstood by some social workers and legal professionals. After 30 years of clinical and legal experience, the definition of MSBP remains controversial. As a result, mothers who present the problem of their children in ways perceived as unusual or problematic have become entangled in legal battles that should have been resolved clinically.

Loren Pankratz, PhD, an expert on the diagnosis of MSBP, published an article in the American Academy of Psychiatric Law providing that the "medical literature on MSBP often mentions false accusations or the possibility of false accusations, but does not convey the prevalence of these misunderstandings or the devastating consequences of a wrong diagnosis". That in case after case "experts disagree about how to define and confirm MSBP."

Consequently, even though there is very little consensus on the diagnosis of MSBP, children are removed from their family homes based upon such diagnosis prior to a formal hearing taking place. This leads to children being separated from their mothers and fathers, in some cases for long periods of time, which, may be very harmful to the child being removed. This bill would require a formal hearing prior to removal in the case of an allegation of MSBP.

Legislative history

2008: S.7963-A - Referred to Social Services, Children and Families 2009-10: S.1281 - Referred to Children and Families

Fiscal implications

None.

Effective date

This act shall take effect immediately, and shall apply to any child in protective custody on or after such effective date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.