What's happening
This bill tightens the exemption from child neglect for parents with substance misuse by requiring verified rehabilitation for at least one year.
Why it matters
Raises the standard for parents or guardians with a history of substance misuse to claim protection from a child neglect finding. Now, they must show not just participation in a rehab program, but successful completion and verified rehabilitation for at least one uninterrupted year before a hearing, making it harder to invoke this exemption.
Aims to ensure child safety by focusing on sustained recovery. The bill targets cases where a parent’s short-term or incomplete engagement with rehab may not be enough to protect the child from harm, shifting the legal presumption to prioritize child wellbeing over immediate parental progress.
May impact both court outcomes and access to services. Parents at risk of neglect findings will need more rigorous proof of their recovery, potentially leading to more intensive monitoring by child welfare agencies and affecting reunification timelines or custody decisions.
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Who cares
Headline styles
Tougher Rules for Rehab Exemption
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5489
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COLTON, COOK, FARRELL, GALEF, M. G. MILLER, PERRY, SCHIMMINGER -- read once and referred to the Committee on Children and Families
AN ACT to amend the family court act, in relation to modifying the existing exemption from what constitutes prima facie evidence of child neglect where a parent or guardian voluntarily participates in a recognized rehabilitative program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (B) of paragraph (i) of subdivision (f) of section 1012 of the family court act, as amended by chapter 984 of the laws of 1981, is amended to read as follows:
(B) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent [is] has voluntarily [and regularly participating] participated in and successfully completed a recognized rehabilitative program and has been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as set forth in this paragraph [(i) of this subdivision]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09490-01-7
A. 5489 2
§ 2. Paragraph (iii) of subdivision (a) of section 1046 of the family court act, as amended by chapter 984 of the laws of 1981, is amended to read as follows:
(iii) proof that a person repeatedly misuses a drug or drugs or alcoholic beverages, to the extent that it has or would ordinarily have the effect of producing in the user thereof a substantial state of stupor, unconsciousness, intoxication, hallucination, disorientation, or incompetence, or a substantial impairment of judgment, or a substantial manifestation of irrationality, shall be prima facie evidence that a child of or who is the legal responsibility of such person is a neglected child except that such drug or alcoholic beverage misuse shall not be prima facie evidence of neglect when such person [is] has voluntarily [and regularly participating] participated in and successfully completed a recognized rehabilitative program and has been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date; and
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.