What's happening
This bill updates the definition of "person in parental relation to a child" to include individuals with a lawful order of custody.
Why it matters
Expands who can legally make decisions for a child. by explicitly including individuals with a lawful order of custody in the definition of "person in parental relation." This could impact who can provide consent for medical treatment, schooling, and other critical matters.
Reduces ambiguity for institutions. (schools, health providers, etc.) by clarifying that those with court-ordered custody have the same authority as parents or guardians, potentially preventing delays or disputes over who can act for a child.
Reflects the realities of modern family structures. , making the law more inclusive of non-traditional caregiving arrangements such as kinship care, foster situations, or custody awarded to non-parents, which are increasingly common.
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Who cares
Headline styles
Expand Definition of Parent
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.539
- 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.
Update Parental Definition Law
In Assembly Committee · Health · Sponsor Ellen C. Jaffee
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4475
2019-2020 Regular Sessions
IN SENATE
March 12, 2019
Introduced by Sens. MONTGOMERY, PERSAUD -- read twice and ordered printed, and when printed to be committed 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 parents or legally appointed guardian of such individual have died, are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02781-01-9
S. 4475 2
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.
Sponsor's memo
Title of bill
An act to amend the public health law and the educa- tion law, in relation to the definition of person in parental relation- ship to a child
Purpose
OF THE BILL:
This bill amends the Public Health Law Section 2164 and Education Law Section 3212 to include non-parents who possess lawful orders of custody in the definition of persons in parental relation who may make certain health and education decisions for minors or incapacitated persons in their care
SUMMARY OF PROVISIONS::
Section 2164 of this bill would amend the current Public Health Law 5 2164 to include non-parents who possess lawful orders of custody as persons in parental relation of minors or incapacitated person, with limited authority under the public health law, to consent to certain immunizations.
Section 3212 of this bill would amend the current Education Law 5 3212 to include non-parents who have lawful orders of custody as persons in parental relation of minors or incapacitated person, with limited authority under the education law, to be responsible for school attend- ance and certain schooling decisions.
LEGISLATIVE HISTORY::
5/26/17 - Referred to Judiciary 5/4/18 - Reference Changed to Health
JUSTIFICATION::
Public Health Law Section 2164 and Education Law Section 3212 define who may be a "person in parental relation". Such persons have limited powers regarding responsibility for schooling, school enrollment, and immuniza- tions of children in their care. The definitions do not include persons possessing lawful orders of custody from a court of competent jurisdic- tion. Since many non-parent caregivers have such orders and since already Domestic Relations Law Section 74 and Family Court Act Section 657 provide that guardians and legal custodians can enroll children in school, there is a need to establish conformity of powers for legal custodians in relation to certain health and schooling duties.
According to the U. S. Census American Community Survey data, in New York State, there are more than 130,000 grandparent "kinship" families. Together with aunts, uncles and other family members, estimates are as many as 200,000 kinship families are raising 300,000 children in New York State. Kinship caregivers are defined as non-parents, including grandparents, blood relatives, and close family friends who provide fulltime care and control of children in their household.
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 pursuant to Article Six section 651 are independently awarded orders of legal custody. 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) (i), 1055 (a) or 1089 (b) .
The omission of persons possessing lawful orders of custody from the public health law definition of person in parental relation who may be responsible for consenting to the certain immunizations of minors does not comport with the realities of kinship care where many legal custo- dians are responsible for routine health care and immunizations. By expanding the law to include caregivers possessing lawful orders of custody, tens of thousands of legal custodians will have the appropriate health and education responsibilities that comport with the realities of caregiving.
FISCAL IMPLICATIONS::
None to the State
EFFECTIVE DATE::
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.