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A1239Assembly2019-2020 SessionSame asS3248

Let Custodians Approve Child Care

Official title

“Relates to allowing a person having a lawful order of custody of a child to make medical decisions for such child”

Sponsor Ellen C. JaffeeAD-97Affects Legal
Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

The bill allows individuals with lawful custody of a child to make medical decisions and provide consent for medical treatment.

Why it matters

  1. Expands medical decision-making authority. to anyone with a lawful custody order, not just legal guardians, ensuring more caregivers can respond to a child's health needs without legal ambiguity.

  2. Reduces delays in urgent medical situations. by clarifying that those with lawful custody can provide consent, potentially speeding up access to time-sensitive care for children.

  3. Aligns legal rights and responsibilities. between guardians and custodians, which could be especially important for grandparents, stepparents, or other relatives who may have custody but not formal guardianship.

  4. Maintains protections for minors' autonomy. by explicitly stating that nothing in the amendment limits a child’s existing legal right to consent to their own medical care when permitted by law.

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Who cares

Headline styles

Let Custodians Approve Child Care

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Ellen C. Jaffee

Assembly Member · Assembly District 97

No co-sponsors yet.

History

  1. Signed chap.623
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 62–0
  5. 3rd reading cal.239
  6. Substituted for S3248
  7. Referred to children and families
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.24
  11. Reported
  12. Referred to judiciary

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.

S3248Senate

Let Custodians Approve Child Care

Senate Floor Calendar · Sponsor Julia Salazar

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1239

2019-2020 Regular Sessions

IN ASSEMBLY

January 14, 2019

Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Judiciary

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.

LBD02780-01-9

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.