What's happening
This bill allows individuals with lawful custody of a child to make medical decisions for the child, not just guardians.
Why it matters
Expands decision-making authority to custodians. By allowing people with lawful custody—not just legal guardians—to make medical decisions, the bill acknowledges the real-world situations where a custodian (such as a relative or foster parent) is caring for a child, ensuring the child receives timely medical care.
Reduces delays in emergency care. The amendment to the public health law means that, in emergencies, medical providers can accept consent from custodians as well as guardians and parents, minimizing risk to children when urgent decisions are needed.
Aligns legal authority with caregiving reality. This change addresses gaps where a child might be living with someone who has custody but not formal guardianship, reducing legal confusion and preventing situations where a child's care is delayed due to uncertainty about consent.
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Who cares
Headline styles
Let Custodians Approve Child Care
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.873
- Reported
- Reference changed to judiciary
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Custodians Approve Child Medical Care
In Senate Committee · Rules · Sponsor Tony Avella
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7928
2017-2018 Regular Sessions
IN ASSEMBLY
May 19, 2017
Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Children and Families
AN ACT to amend the family court act and the public health law, in relation to allowing a person having a lawful order of custody of a child to make medical decisions for such child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (c) of section 657 of the family court act, as added by section 5 of part F of chapter 58 of the laws of 2010, is amended to read as follows:
(c) Notwithstanding any other provision of law to the contrary, persons possessing a lawful order of guardianship or custody of a child shall have the right and responsibility to make decisions, including issuing any necessary consents, regarding the child's protection, education, care and control, health and medical needs, and the physical custody of the person of the child. Provided, however, that nothing in this subdivision shall be construed to limit the ability of a child to consent to his or her own medical care as may be otherwise provided by law.
§ 2. Subdivision 4 of section 2504 of the public health law, as added by chapter 769 of the laws of 1972 and as renumbered by chapter 976 of the laws of 1984, is amended to read as follows:
4. Medical, dental, health and hospital services may be rendered to persons of any age without the consent of a parent [or], legal guardian or person possessing a lawful order of custody when, in the physician's judgment an emergency exists and the person is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the person's life or health.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11657-02-7
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.