Relates to a presumption of neglect against a child in certain circumstances

1 Co-sponsor

• Martin J. Golden

BILL NUMBER:S7060

Title of bill

An act to amend the social services law and the family court act, in relation to a presumption of neglect against a child in certain circumstances

Purpose

To protect children from the hazards of early exposure to drugs by making it clear that a finding of neglect can be based upon a positive toxicology report in the blood or urine of a new born.

Summary of provisions

Section 1 of the bill amends subdivision 4-a of section 371 of the Social Services Law by adding a new paragraph (iii).

Section 2 of the bill amends subdivision (f) of section 1012 of the Family Court Act by adding a new paragraph (iii) in which each section establishes a presumption that a child's physical, mental or emotional condition has been impaired or is in imminent danger of being impaired when a newborn child's blood or urine tests positive for a controlled substance as such term is defined in subdivision 5 of section 220 of the penal law. The bill contains an exemption for drugs prescribed by a physician.

Section 3: Effective date.

Existing law

New bill.

Justification

A child who is exposed to controlled substances in the womb is in danger from a large variety of negative outcomes caused by such exposure. It is in the best interests of a child that a finding of neglect, when supported by additional credible evidence be made so that child protection services can inquire into the child's physical and mental health. It is also desirable that this bill be passed to help act as a deterrent to the use of controlled substances by a pregnant woman.

The New York State Court of Appeals considered this question in "In the Matter of Nassau County DSS 0/B/0 Dante," 87 N.Y.2d 73 (1995). The Court held that the Social Services Law as written did not allow a finding of neglect solely based upon a positive toxicology finding. It held that "a positive toxicology report, in conjunction other evidence, may support a neglect finding."

This is one in a series of measures being introduced to improve the provision of child protective services to New York's children and families.

Legislative history

New bill.

Fiscal implications

Minimal.

Local fiscal implications

Minimal.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.