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Who cares
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Sponsors
Senator · Senate District 45
History
- Referred to rules
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 directing child protective services to investigate for child abuse or maltreatment, in any case where a child, under the age of 3 years is in the vicinity of a person arrested for a controlled substance offense when the arrested person is the parent or guardian of, or person legally responsible for such child, and requiring the testing of such a child for the presence of controlled substances in his or her system; to amend the family court act, in relation to authorizing courts to order the production of such a child for the purpose of testing; and directing the office of children and family services to submit a report thereon to the governor and the legislature
Purpose
This bill directs child protective services to investigate and test a child under the age of 3 for the ingestion of drugs who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child.
Summary of provisions
Section 1 - Amends section 424 of the social services law by adding a new subdivision 15
Section 2 - Amends subparagraph (ii) of paragraph (a) of subdivision 2 of section 1034 of the family court act
Section 3 - Amends subparagraph (ii) of paragraph (b) of subdivision 2 of section 1034 of the family court act
Justification
Known as "Kayleigh Mae's Law" this legislation requires the hair follicle testing of an infant or toddler under the age of 3 who is in the vicinity of a person who is arrested on a drug charge such as heroin, when the arrested person is legally responsible for the child. Kayleigh Mae died at 13 months of age after being given heroin and cocaine for 10 months. Unfortunately, there are numerous other situations in our state where children under the age of 3 have been given drugs and cannot speak out during child protective investigations. It is essential that a process is put in place to protect such children from further drug abuse. This bill ensures that when a person legally responsible for the child is arrested for a controlled substance such as heroin that there is an investigation to determine that any infants or toddlers in the household are drug free. If necessary, child protective services may obtain a court order for the purpose of testing the child.
The Office of Children and Family Services is required to submit a report within one year on the number of cases tested.
Legislative history
New legislation.
Fiscal implications
None.
Effective date
The first of January next succeeding the date on which it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.