STATE OF NEW YORK ________________________________________________________________________ 2737 2021-2022 Regular Sessions IN SENATE January 25, 2021 ___________ Introduced by Sens. SALAZAR, BIAGGI, BRISPORT, KRUEGER, LIU, MAY, MYRIE -- 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, in relation to eliminating the use of the term incorrigible The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions (a) and (c) of section 712 of the family court 2 act, as amended by section 1 of part K of chapter 56 of the laws of 3 2019, are amended to read as follows: 4 (a) "Person in need of supervision". A person less than eighteen years 5 of age: (i) who does not attend school in accordance with the provisions 6 of part one of article sixty-five of the education law; (ii) who is 7 [~~incorrigible,~~] ungovernable or habitually disobedient and beyond the 8 lawful control of a parent or other person legally responsible for such 9 child's care, or other lawful authority; (iii) who violates the 10 provisions of: (1) section 221.05; or (2) 230.00 of the penal law; (iv) 11 or who appears to be a sexually exploited child as defined in paragraph 12 (a), (c) or (d) of subdivision one of section four hundred forty-seven-a 13 of the social services law, but only if the child consents to the filing 14 of a petition under this article. 15 (c) "Fact-finding hearing". A hearing to determine whether the 16 respondent did the acts alleged to show that he or she violated a law or 17 is [~~incorrigible,~~] ungovernable or habitually disobedient and beyond the 18 control of his or her parents, guardian or legal custodian. 19 § 2. Paragraph (i) of subdivision (a) of section 732 of the family 20 court act, as amended by section 9 of part G of chapter 58 of the laws 21 of 2010, is amended to read as follows: 22 (i) the respondent is an habitual truant or is [~~incorrigible,~~] ungo- 23 vernable[,] or habitually disobedient and beyond the lawful control of 24 his or her parents, guardian or lawful custodian, or has been the victim EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03013-01-1

S. 2737 2 1 of sexual exploitation as defined in subdivision one of section four 2 hundred forty-seven-a of the social services law, and specifying the 3 acts on which the allegations are based and the time and place they 4 allegedly occurred. Where habitual truancy is alleged or the petitioner 5 is a school district or local educational agency, the petition shall 6 also include the steps taken by the responsible school district or local 7 educational agency to improve the school attendance and/or conduct of 8 the respondent; 9 § 3. Section 773 of the family court act, as amended by chapter 920 of 10 the laws of 1982, is amended to read as follows: 11 § 773. Petition for transfer [~~for incorrigibility~~]. Any institution, 12 society or agency in which a person was placed under section seven 13 hundred fifty-six of this article may petition to the court which made 14 the order of placement for transfer of that person to a society or agen- 15 cy, governed or controlled by persons of the same religious faith or 16 persuasion as that of the child, where practicable, or, if not practica- 17 ble, to some other suitable institution, or to some other suitable 18 institution on the ground that [~~such person~~] 19 (a) [~~is incorrigible and that his or her~~] the presence of such person 20 is seriously detrimental to the welfare of the applicant institution, 21 society, agency or other persons in its care, or 22 (b) after placement by the court, such person was released on parole 23 or probation from such institution, society or agency and a term or 24 condition of the release was willfully violated. The petition shall be 25 verified by an officer of the applicant institution, society or agency 26 and shall specify the act or acts bringing the person within this 27 section. 28 § 4. Subdivision (h) of section 1012 of the family court act, as added 29 by chapter 1015 of the laws of 1972, is amended to read as follows: 30 (h) "Impairment of emotional health" and "impairment of mental or 31 emotional condition" includes a state of substantially diminished 32 psychological or intellectual functioning in relation to, but not limit- 33 ed to, such factors as failure to thrive, control of aggressive or self- 34 destructive impulses, ability to think and reason, or acting out or 35 misbehavior, including [~~incorrigibility,~~] ungovernability or habitual 36 truancy; provided, however, that such impairment must be clearly attrib- 37 utable to the unwillingness or inability of the respondent to exercise a 38 minimum degree of care toward the child. 39 § 5. This act shall take effect immediately.

Eliminates the use of the term "incorrigible"

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