What's happening
This bill requires a family court hearing with evidence before a child can be taken into protective custody based on allegations of Munchausen syndrome by proxy.
Why it matters
Raises the standard for removing a child based on Munchausen syndrome by proxy allegations. , requiring a family court hearing with evidence and an opportunity for the accused parent or guardian to be heard before any custody decision is made.
Allows parents or guardians to present their own evidence and expert testimony. disputing the diagnosis, which could help prevent unjustified removals based on misdiagnosis or insufficient investigation.
Empowers treating physicians to rebut abuse allegations. if the child's own doctor testifies that the medical care was necessary, the court must dismiss the Munchausen-based allegation and cannot remove the child for that reason, prioritizing medical expertise over suspicion alone.
Applies protections retroactively to current cases. , meaning children already in protective custody due to Munchausen syndrome by proxy allegations would benefit from these new hearing requirements.
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Who cares
Custodial parents and guardians accused of Munchausen syndrome by proxy
The bill would require a Family Court hearing before protective custody based on that allegation, with an opportunity to present evidence, including expert testimony.
Child protective agencies
The bill would bar protective custody under this section based on such an allegation unless Family Court first holds a hearing and finds reasonable cause to believe it is true.
Family Court judges
The bill would require judges to treat the allegation as rebutted and prohibit abuse or neglect findings or protective custody based on the syndrome when a treating physician disputes the allegation and testifies that the treatment was necessary.
Children’s pediatricians, primary care physicians and treating specialists
Their testimony, by affidavit or in court, could require rejection of the allegation if they dispute it and affirm that the child’s treatment was necessary for the child’s health and well-being.
Headline styles
Require Hearings for Custody Removal
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5229
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. TITUS -- read once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to taking a child into protective custody on the basis of an allegation of a parent or guardian with Munchausen syndrome by proxy
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 417 of the social services law is amended by adding two new paragraphs (c) and (d) to read as follows:
(c) Notwithstanding any other provision of law to the contrary, no child shall be taken into protective custody pursuant to this section when the basis thereof is an allegation that a custodial parent or guardian has Munchausen syndrome by proxy, unless and until a family court shall have held a hearing, with an opportunity for such parent or guardian to be heard, and shall have found reasonable cause to believe such allegations are true. The parent or guardian alleged to suffer from Munchausen syndrome by proxy shall, at any such hearing, be allowed to present evidence, including expert testimony, that he or she does not suffer from such syndrome.
(d) In any hearing held pursuant to paragraph (c) of this subdivision, if the child's pediatrician, primary care physician or specialist charged with treating such child disputes the allegation of Munchausen syndrome by proxy made against the child's parent or guardian, and if such physician testifies, whether by affidavit or before the court, that the child's medical treatment in question or the child's course of treatment in general is or was necessary for the health and well-being of such child, then the family court shall find that the allegation of Munchausen syndrome by proxy has been rebutted, and shall not enter a finding of abuse or neglect based upon Munchausen syndrome by proxy against the child's parent or guardian, and shall not order that the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07715-01-9
A. 5229 2
child be taken into protective custody for reasons of Munchausen syndrome by proxy.
§ 2. This act shall take effect immediately, provided that such provisions shall apply to any child in protective custody on or after such effective date.
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.