What's happening
This bill expands protections and monitoring for children at risk due to prenatal drug exposure, requiring services and intervention for non-compliant parents.
Why it matters
Broader definition of “children at risk”. The bill expands the definition to include any infant who tests positive for unprescribed controlled substances, is born dependent on drugs, shows withdrawal symptoms, or has conditions due to prenatal exposure to illegal drugs. This change means more children will be flagged for intervention and support, potentially increasing early detection and services.
Mandatory monitoring and services for affected parents. It establishes a required monitoring program for gestational parents (not just mothers) of at-risk children, including assessment of risks, recommendations for rehabilitation, and coordination with early intervention programs. This shifts the approach from optional to mandated monitoring, aiming to actively reduce future harm to vulnerable children.
Increased accountability and potential intervention. If a gestational parent does not comply with the monitoring program, the Office of Children and Family Services must be notified, and the child may be classified as neglected or in need of care under social services and family court laws. This could result in earlier state intervention in families, with both protective and possibly punitive implications for parental rights.
Greater coordination among agencies. The bill explicitly requires coordination between multiple state and federal programs (including special education, Medicaid, and social services) to track and support at-risk children, aiming to close gaps where children might otherwise fall through the cracks and ensuring more comprehensive care.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Children Exposed to Drugs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to disabilities
- Referred to disabilities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
992
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities
AN ACT to amend the public health law, the social services law and the family court act, in relation to care and protection of children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 2541 of the public health law, as added by chapter 428 of the laws of 1992, is amended to read as follows:
1. "Children at risk" means children who may experience a disability because of medical, biological or environmental factors which may produce developmental delay, or infants who test positive for a controlled substance not prescribed by a physician, in their bloodstream or urine, are born dependent on such drugs or who demonstrate drug withdrawal symptoms, or who have been diagnosed with a condition attributable to in utero exposure to illegal drugs, as determined by the commissioner through regulation.
§ 2. Paragraphs (b) and (c) of subdivision 1 of section 2542 of the public health law, as added by chapter 428 of the laws of 1992, are amended and a new paragraph (d) is added to read as follows:
(b) be coordinated with efforts to identify, locate and track children conducted by other agencies responsible for services to infants and toddlers and their families, including the efforts in (i) part B of the federal individuals with disabilities education act, including early childhood direction centers, (ii) the maternal and child health program under title V of the federal social security act, including the infant health assessment program, (iii) medicaid's early periodic screening, diagnosis and treatment program under title XIX of the federal social security act, and (iv) the federal supplemental security income program; the keeping children and families safe act of 2003; [and]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02810-01-5
(c) provide for the identification, tracking and screening of children at risk of developmental delay, using resources available through the programs, identified in paragraph (b) of this subdivision and such other available resources as the commissioner shall commit to this purpose[.]; and
(d) create services and a monitoring program for gestational parents who give birth to children at risk, which shall include, but not be limited to identifying risks for the child's wellbeing, suggesting rehabilitative steps for the gestational parent to mitigate such risks and working in accordance with the early intervention program and notify the office of children and family services in the event that the gestational parent is non-compliant in the monitoring program.
§ 3. Subdivision 3 of section 2542 of the public health law, as amended by chapter 231 of the laws of 1993, is amended to read as follows:
3. The following persons and entities, within two working days of identifying an infant or toddler suspected of having a disability [or], at risk of having a disability, or who falls under the definition of children at risk, shall refer such infant or toddler to the early intervention official or the health officer of the public health district in which the infant or toddler resides, as designated by the municipality, but in no event over the objection of the parent made in accordance with procedures established by the department for use by such primary referral sources, unless the child has already been referred: hospitals, child health care providers, day care programs, local school districts, public health facilities, early childhood direction centers and such other social service and health care agencies and providers as the commissioner shall specify in regulation; provided, however, that the department shall establish procedures, including regulations if required, to ensure that primary referral sources adequately inform the parent or guardian about the early intervention program, including through brochures and written materials created or approved by the department.
§ 4. Paragraph (ii) of subdivision 4-a of section 371 of the social services law, as added by chapter 782 of the laws of 1971, is amended and a new paragraph (iii) is added to read as follows:
(ii) who has been abandoned by [his] the child's parents or other person legally responsible for [his] the child's care[.]; or
(iii) who is the child of a mother who is non-compliant with a monitoring program required in paragraph (d) of subdivision one of section twenty-five hundred forty-two of the public health law.
§ 5. Paragraph (ii) of subdivision f of section 1012 of the family court act, as amended by chapter 666 of the laws of 1976, is amended and a new paragraph (iii) is added to read as follows:
(ii) who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of section three hundred eighty-four-b of the social services law, by [his] the child's parents or other person legally responsible for [his] the child's care[.]; or
(iii) who is the child of a gestational parent who is non-compliant with a monitoring program required in paragraph (d) of subdivision one of section twenty-five hundred forty-two of the public health law.
§ 6. 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, the social services law and the family court act, in relation to care and protection of children
Purpose or general idea of bill
The bill establishes a means by which the state can monitor and provide assistance to mothers and infants who are born dependent or addicted to illicit drugs.
Summary of provisions
Section one amends section 2541 of the public health law by adding a new category and definition for "children at risk".
Section two amends section 2542 of the public health law by adding a new provision directing the commissioner to create services and a monitoring program for mothers who give birth to "children at risk" as defined in section one and directs the Office of Children and Family Services to be notified in the event that a mother is non-compliant in her monitoring program.
Section three expands the public health law to include "children at risk" as a category which should be referred to early intervention services.
Section four amends section 371 of the social services law by expanding the definition of "neglected child".
Section five amends section 1012 of the Family Court Act by expanding the definition of "neglected child":
Section six establishes the effective date.
Justification
Since 2003, the number of drug-dependent babies has skyrocketed, with estimates that infants dependent on opioids are born in the US every 19 minutes, This epidemic in infant opioid dependency spurred Congress to pass the Keeping Children and Families Safe Act, The act mandated states to report drug-dependent babies born to child protective service agen- cies. New York is among the many states that lack provisions to enforce this statute and are non-compliant. This bill aligns New York to be in compliance with federal law and safeguard the lives of thousands of newborns across the state with the following provisions:
1 - Creation of a category called "child at risk" for infants who test positive for a controlled substance not prescribed by a physician, born dependent on such drugs or diagnosed with a condition due to:in utero exposure to such drugs.
2 - Authorize the Department of Health to create a monitoring program
for mothers who give birth to at-risk children and provide rehabilita- tive services for the mother and child. 3 - Instructs hospitals and health care providers to report at-risk children to Early Intervention Services.
4 - Instructs the Department of Health to notify the Office of Children and Family Services of mothers who are non-compliant in their monitoring program.
5 - Amend the Social Services Law and Family Court Act to include chil- dren of noncompliant mothers to the definition of "neglected children".
Prior legislative history
2024 A6078/S8179: Referred to Disabilities
2017-18: A8967/S3706
2015-16: A9229-A/S6719
Fiscal implications for state and local governments
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.