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S3248Senate2019-2020 SessionSame asA1239

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 Julia SalazarSD-18+1 co-sponsorAffects Health
Status
Senate Floor Calendar
Impact
4/10
Low
Outcome
Companion signed

Bill progress

Signed via A1239

What's happening

This bill allows individuals with lawful custody of a child to make medical decisions for that child, not just legal guardians.

Why it matters

  1. Expands decision-making authority. for children's medical, educational, and protective needs beyond just legal guardians to include anyone with a lawful custody order, potentially covering foster parents, relatives, or others granted custody by a court.

  2. May reduce delays in urgent medical care. by clarifying that individuals with lawful custody—not just legal guardians—can provide consent, which is especially important in emergencies or situations where a legal guardian is not immediately available.

  3. Recognizes diverse family structures. by accommodating situations where children are not living with their legal guardians but are in the care of someone else with lawful custody, making it easier for those caregivers to meet the child’s needs without legal ambiguity.

  4. Maintains protections for minors’ rights. by ensuring that nothing in the bill overrides existing laws that allow minors to consent to their own medical care in specific circumstances.

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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
Julia Salazar

Senator · Senate District 18

Chair, Women's Issues

1 Co-sponsor

History

  1. Substituted by A1239
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.239
  5. 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.

A1239Assembly

Let Custodians Approve Child Care

Signed by Governor · Sponsor Ellen C. Jaffee

Impact 4 · LowSigned into law

Full text

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

STATE OF NEW YORK

3248

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed 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.

LBD02780-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

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

Purpose of the bill

This bill amends the Family Court Act Section 657(c) to include non-par- ents with lawful orders of custody as persons who may make medical deci- sions for minors in their care, and amends Public Health Law Section 2504 to include non-parents with lawful orders of custody along with Parents and guardians as persons whose consent is not needed for the provision of medical, dental, health and hospital services when in the judgement of a physician emergency medical care is needed.

Summary of provisions

Section 1 of this bill would amend Family Court Act Section 657(c) to add persons possessing a lawful order of custody as persons who have the right and responsibility, alongside the current provision of those possessing a lawful order of guardianship, to make medical decisions and necessary consents regarding the child in their care.

Section 2 of this bill would amend Public Health Law Section 2504 to include legal custodians along with the current parents and guardians as persons whose consent is not needed for the provision of medical, dental, health and hospital services when in the judgement of a physi- cian emergency medical care is needed.

Justification

Legal custodians who must make medical decisions but who do not have court orders expressly providing such powers can be denied non-emergency medical care for children by medical providers. The addition of legal custodians to this law will ensure that thousands of non-parent legal custodians do not have to go back to court to request modification of their court order to provide for the child in their care.

While the Office of Court Administration does not maintain data on the number of non-parent caregivers awarded legal custody or guardianship, it is commonly acknowledged that in many family courts kinship caregiv- ers independently seek legal custody pursuant to Family Court Act 651.

According to the Office for Children and Family Services, it is also common practice that relatives are often given orders of custody of children who are at risk of being removed from their parents by Child Protective Services pursuant to Family Court Act 1017(2)(a)(1), 1055(a)or 1089(b).

Unless these caregivers have orders expressly written to provide them with powers to make medical decisions for the children they have taken, they are not lawfully allowed to make medical decisions for the children in their care. Until recently, medical providers rarely challenged the assumed medical decision making authority of these non-parent legal custodians. However, with the growth of "kinship care" medical providers are increasingly denying access to health care based upon the lack of statutory power for such legal custodians.

By expanding the law to include those caregivers who have lawful orders of custody, tens of thousands of legal custodians will not have to have their custody orders amended, and medical service providers will be protected when serving children under the care of legal custodians.

Fiscal implications

None to the State

Legislative history

5/9/17 Referred to Children and Families Committee 5/16/18 Passed Assembly

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.