Broadens the scope of child abuse and neglected child to include proof of a positive controlled substance toxicology report on a newborn infant

Summary of provisions

Section 1: Legislative Findings: These findings recognize that the state's public health and interest in protecting the welfare of a child are clearly involved and necessitate intervention when a child tests positive for illegal drugs immediately after birth.

Section 2: Amends subdivision 4-a of section 371 of the social services law in regard to expanding the definition of a "neglected child" to include a newborn infant testing positive for a controlled substance.

Section 3: Amends subdivision (f) of section 1012 of the family court act to expand the definition of a "neglected child" to include a newborn infant testing positive for a controlled substance.

Section 4: Amends subdivision (b) of section 1028 of the family court act to establish a rebuttable presumption that the release of a newborn infant testing positive for a controlled substance to the parent(s) presents an imminent danger to the child's life or health as the court reviews an application to return a child temporarily removed from their parents.

Section 5: Amends subdivision (a) of section 1046 of the family court act to establish specific conditions of a newborn infant testing positive for controlled substances as prima facie proof of neglect in a dispositional hearing.

Section 6: Amends subdivision (d) of section 1051 of the family court act to establish a rebuttable presumption that the release of a newborn infant testing positive for a controlled substance to the parent(s) presents an imminent danger to the child's life or health as the court reviews the facts to determine if a petition of neglect is dismissed or sustained.

Justification

Regrettably, drug addiction in pregnant women and corresponding fetal drug exposure has expanded drastically since the 1980's. A large body of professional literature from the fields of pediatrics, obstetrics and the social sciences has documented a significant problem whose effect on a generation of young Americans is still being felt.

Illegal drug use during pregnancy creates a high degree of risk that such newborns will exhibit neurobehavioral and circulatory health

complications. These complications include neurological defects, learning disabilities, low cognition abilities, physical and developmental delay, and low birth weight.

Furthermore, in utero drug exposure is certainly evidence of the real possibility of further neglect or abuse once the newborn is brought home. However, under the current appellate case law in this state (Nassau County D.S.S. and Denise J.) ,proof of drug abuse during pregnancy by a positive toxicology report for drugs in the child is insufficient in and of itself to support a finding of fact that such child was subject to neglect and abuse under Article 10 of the Family Court Act.

It is a sad commentary that, at present, infants born with the presence of such toxins must, without additional evidence of neglect, be discharged to a home without any support, supervision or intervention only to await the occurrence of another episode of neglect, injury or even death before the state can intervene.

By allowing social service officials to intervene before the child is sent home, this legislation seeks to remedy this horrendous injustice which often sends society's most vulnerable and innocent individuals to face further neglect, maltreatment and abuse at the hands of their own parent.

Prior legislative history

2010 - S.6239 - REFERRED TO CHILDREN AND FAMILIES

Fiscal implications

None.

Effective date

Immediate.