What's happening
This bill updates the legal definition of "person in parental relation to a child" to include those with lawful custody orders.
Why it matters
Clarifies and expands who can make decisions for a child. By explicitly including individuals with a "lawful order of custody," the bill ensures that those granted custody by a court (such as grandparents, relatives, or non-biological caregivers) have clear legal authority in health and education matters.
Improves consistency across legal and administrative systems. This updated definition helps school districts, healthcare providers, and other agencies more consistently recognize custody orders, reducing ambiguity and potential challenges for custodians asserting their rights.
Addresses gaps for non-parent caregivers. The change is particularly important for children living with someone other than a parent or guardian due to family instability, death, or other circumstances—helping ensure these children get needed services and support without bureaucratic delays.
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Who cares
Headline styles
Update Parental Definition Law
Plain English, a few words. Used as the page title.
Sponsors
19 Co-sponsors
2 Multi-sponsors
History
- Referred to health
- Referred to health
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.
Expand Definition of Parent
In Senate Committee · Health · Sponsor Velmanette Montgomery
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1121
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. JAFFEE, DICKENS, TAYLOR, D'URSO, COOK, WALSH -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Health
AN ACT to amend the public health law and the education law, in relation to the definition of person in parental relationship to a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph c of subdivision 1 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, is amended to read as follows:
c. The term "person in parental relation to a child" shall mean and include [his] the child's father or mother, by birth or adoption, [his] the child's legally appointed guardian, a person possessing a lawful order of custody of a child, or [his] the child's custodian. A person shall be regarded as the custodian of a child if he or she has assumed the charge and care of the child because the parents or legally appointed guardian of the minor have died, are imprisoned, are mentally ill, or have been committed to an institution, or because they have abandoned or deserted such child or are living outside the state or their whereabouts are unknown, or have designated the person pursuant to title fifteen-A of article five of the general obligations law as a person in parental relation to the child.
§ 2. Subdivision 1 of section 3212 of the education law, as amended by chapter 119 of the laws of 2005, is amended to read as follows:
1. Definition. As used in this article, a person in parental relation to another individual shall include [his] the child's father or mother, by birth or adoption, [his] the child's step-father or step-mother, [his] the child's legally appointed guardian, a person possessing a lawful order of custody of a child, or [his] the child's custodian. A person shall be regarded as the custodian of another individual if he or she has assumed the charge and care of such individual because the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02781-01-9
A. 1121 2
parents or legally appointed guardian of such individual have died, are imprisoned, are mentally ill, or have been committed to an institution, or because, they have abandoned or deserted such individual or are living outside the state or their whereabouts are unknown, or have designated the person pursuant to title fifteen-A of article five of the general obligations law as a person in parental relation to the child.
§ 3. This act shall take effect immediately.
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.