STATE OF NEW YORK ________________________________________________________________________ 680 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sens. ORTT, FUNKE, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law and the family court act, in relation to the definition of "abused child" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4-b of section 371 of the social services law, 2 as added by chapter 782 of the laws of 1971, the opening paragraph as 3 amended by chapter 518 of the laws of 1977, is amended to read as 4 follows: 5 4-b. "Abused child" means a child less than eighteen years of age 6 whose parent or other person legally responsible for his care 7 (i) inflicts or allows to be inflicted upon such child physical injury 8 by other than accidental means which causes or creates a substantial 9 risk of death, or serious or protracted disfigurement, or protracted 10 impairment of physical or emotional health or protracted loss or impair- 11 ment of the function of any bodily organ, or the impairment of physical 12 condition or substantial pain, or 13 (ii) creates or allows to be created a substantial risk of physical 14 injury to such child by other than accidental means which would be like- 15 ly to cause death or serious or protracted disfigurement, or protracted 16 impairment of physical or emotional health or protracted loss or impair- 17 ment of the function of any bodily organ, or the impairment of physical 18 condition or substantial pain, or 19 (iii) commits, or allows to be committed, an act of sexual abuse 20 against such child as defined in the penal law[.], or 21 (iv) allows, permits or encourages such child to engage in any act 22 described in sections 230.25, 230.30 and 230.32 of the penal law, or 23 (v) commits any of the acts described in sections 255.25, 255.26 and 24 255.27 of the penal law, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04514-01-7

S. 680 2 1 (vi) allows such child to engage in acts or conduct described in arti- 2 cle two hundred sixty-three of the penal law provided, however, that (a) 3 the corroboration requirements contained in the penal law and (b) the 4 age requirement for the application of article two hundred sixty-three 5 of such law shall not apply to proceedings under this article. 6 § 2. Subdivision e of section 1012 of the family court act, as amended 7 by chapter 7 of the laws of 1999 and paragraph (iii) as amended by chap- 8 ter 320 of the laws of 2006, is amended to read as follows: 9 (e) "Abused child" means a child less than eighteen years of age whose 10 parent or other person legally responsible for his care 11 (i) inflicts or allows to be inflicted upon such child physical injury 12 by other than accidental means which causes or creates a substantial 13 risk of death, or serious or protracted disfigurement, or protracted 14 impairment of physical or emotional health or protracted loss or impair- 15 ment of the function of any bodily organ, or the impairment of physical 16 condition or substantial pain, or 17 (ii) creates or allows to be created a substantial risk of physical 18 injury to such child by other than accidental means which would be like- 19 ly to cause death or serious or protracted disfigurement, or protracted 20 impairment of physical or emotional health or protracted loss or impair- 21 ment of the function of any bodily organ, or the impairment of physical 22 condition or substantial pain, or 23 (iii) commits, or allows to be committed an offense against such child 24 defined in article one hundred thirty of the penal law[;], or 25 (iv) allows, permits or encourages such child to engage in any act 26 described in sections 230.25, 230.30 and 230.32 of the penal law[;], or 27 (v) commits any of the acts described in sections 255.25, 255.26 and 28 255.27 of the penal law[;], or 29 (vi) allows such child to engage in acts or conduct described in arti- 30 cle two hundred sixty-three of the penal law provided, however, that (a) 31 the corroboration requirements contained in the penal law and (b) the 32 age requirement for the application of article two hundred sixty-three 33 of such law shall not apply to proceedings under this article. 34 § 3. This act shall take effect immediately.

Relates to the definition of "abused child"

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