What's happening
This bill requires child protective services to investigate and test children under age 3 for drugs if their guardian is arrested for a controlled substance offense.
Why it matters
Expands CPS Investigation Triggers. By requiring automatic investigations and drug testing for very young children when a guardian is arrested for a drug offense, the bill significantly broadens the situations in which families may come under child protective scrutiny, potentially increasing state intervention in family life.
Mandates Invasive Testing for Children. The law specifies that children under three must undergo a hair follicle test or other appropriate drug test within ten days of a triggering arrest, raising concerns about the invasiveness, trauma, and medical appropriateness of such tests for infants and toddlers.
Gives Courts Power to Compel Testing and Production of Children. Amendments to the Family Court Act explicitly allow courts to order both the production of the child for testing and entry into homes for these purposes, strengthening the legal authority to override parental objections in these cases.
Requires State Reporting and Data Collection. The bill mandates an annual report to the governor and legislature detailing how often these tests are conducted and other related data, which could inform future policy debates on the effectiveness and consequences of this intervention.
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Who cares
Headline styles
Test Young Kids After Drug Arrests
Plain English, a few words. Used as the page title.
Sponsors
History
- Notice of committee consideration - requested
- Referred to children and families
- Notice of committee consideration - requested
- 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.
Test Young Kids After Parental Drug Arrest
In Assembly Committee · Children And Families · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1938
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sens. LITTLE, AKSHAR, FUNKE, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to directing child protective services to investigate for child abuse or maltreatment, in any case where a child, under the age of 3 years is in the vicinity of a person arrested for a controlled substance… Show allHide
AN ACT to amend the social services law, in relation to directing child protective services to investigate for child abuse or maltreatment, in any case where a child, under the age of 3 years is in the vicinity of a person arrested for a controlled substance offense when the arrested person is the parent or guardian of, or person legally responsible for such child, and requiring the testing of such a child for the presence of controlled substances in his or her system; to amend the family court act, in relation to authorizing courts to order the production of such a child for the purpose of testing; and directing the office of children and family services to submit a report thereon to the governor and the legislature
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 424 of the social services law is amended by adding a new subdivision 15 to read as follows:
15. upon the receipt of a report of suspected child abuse or maltreatment of a child under the age of three years, made by a person required to report cases of suspected child abuse or maltreatment pursuant to section four hundred thirteen of this title, when such child was in the vicinity of his or her parent or guardian, or a person legally responsible for the child, who was arrested for an offense defined in article two hundred twenty of the penal law, immediately cause an investigation to be commenced to determine whether the child is abused and maltreated, and cause within ten days of such report, a hair follicle test or other appropriate test to be performed on the child to determine the presence of controlled substances in the child's system.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03665-01-9
S. 1938 2
§ 2. Subparagraph (ii) of paragraph (a) of subdivision 2 of section 1034 of the family court act, as amended by chapter 740 of the laws of 2006, is amended to read as follows:
(ii) Where a court order has been requested pursuant to this paragraph the court may issue an order under this section requiring that the parent or other persons legally responsible for the child or children produce the child or children at a particular location which may include a child advocacy center, or to a particular person for an interview of the child or children, and for observation of the condition of the child, outside of the presence of the parent or other person responsible, and, in the case of a report submitted pursuant to subdivision fifteen of section four hundred twenty-four of the social services law, for the purpose of the testing of the child or children for the presence of controlled substances in accordance with such subdivision.
§ 3. Subparagraph (ii) of paragraph (b) of subdivision 2 of section 1034 of the family court act, as amended by chapter 740 of the laws of 2006, is amended to read as follows:
(ii) Where a court order has been requested pursuant to this paragraph the court may issue an order under this section authorizing the person conducting the child protective investigation to enter the home in order to determine whether such child or children are present and/or to conduct a home visit and evaluate the home environment of the child or children, and, in the case of a report submitted pursuant to subdivision fifteen of section four hundred twenty-four of the social services law, cause the child to be tested for the possible presence of controlled substances in the child's body in accordance with such subdivision.
§ 4. Within one year of the effective date of this act, the office of children and family services shall compile data and submit a report to the governor and the legislature on the number of cases in which tests were conducted pursuant to subdivision 15 of section 424 of the social services law, and such report shall include such additional information and data as the office of children and family services shall deem to be necessary.
§ 5. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to directing child protective services to investigate for child abuse or maltreatment, in any case where a child, under the age of 3 years is in the vicinity of a person arrested for a controlled substance offense when the arrested person is the parent or guardian of, or person legally responsible for such child, and requiring the testing of such a child for the presence of controlled substances in his or her system; to amend the family court act, in relation to authorizing courts to order the production of such a child for the purpose of testing; and directing the office of children and family services to submit a report thereon to the governor and the legislature
Purpose
This bill directs child protective services to investigate and test a child under the age of 3 for the ingestion of drugs who was in the vicinity of a drug arrest of a parent, guardian or person legally responsible for the child.
Summary of provisions
Section 1- Amends section 424 of the social services law by adding a new subdivision 15
Section 2- Amends subparagraph (ii) of paragraph (a) of subdivision 2 of section 1034 of the family court act
Section 3-Amends subparagraph (ii) of paragraph (b) of subdivision 2 of section 1034 of the family court act
Justification
Known as "Kayleigh Mae's Law" this legislation requires the hair folli- cle testing of an infant or toddler under the age of 3 who is in the vicinity of a person who is arrested on a drug charge such as heroin, when the arrested person is legally responsible for the child. Kayleigh Mae died at 13 months of age after being given heroin and cocaine for 10 months after birth. Unfortunately, there are numerous other situations in our state where children under the age of 3 have been given drugs and cannot speak out during child protective investigations. It is essential that a process is put in place to protect such children from further drug abuse. This bill ensures that when a person legally responsible for the child is arrested for a controlled substance such as heroin that there is an investigation to determine that any infants or toddlers in the household are drug free. If necessary, child protective services may obtain a court order for the purpose of testing the child.
The Office of Children and Family Services is required to submit a report within one year on the number of cases tested.
Legislative history
2017-18: S.137/A.3900: Passed Senate; Referred Children & Families
2015-16: S.8221 Referred to Rules
Fiscal implications
None.
Effective date
The first of January next succeeding the date on which it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.