Modifies the existing exemption from requiring a determination of what constitutes prima facie evidence of neglect where a parent or guardian engages in substance abuse or substantial manifestation of irrationality but is voluntarily and regularly participating in a recognized rehabilitative program so as to require the parent or guardian to have voluntarily participated in and to have successfully completed such a program and to have been verifiably rehabilitated for an uninterrupted period of one year immediately prior to the hearing date, before such exemption applies.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6073
SPONSOR: Weprin TITLE OF BILL:
An act to amend the family court act, in relation to modifying the
existing exemption from what constitutes prima facie evidence of child
neglect where a parent or guardian voluntarily participates in a recog-
nized rehabilitative program
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish a rule of evidence for child
protective proceedings that will adequately protect Children of parents.
who are drug-addicted.
SUMMARY OF SPECIFIC PROVISIONS:
Amends.subparagraph (B) of paragraph (i) of subdivision (f) of section
1012 of the family court act. Amends paragraph (iii) of subdivision (a)
of section 1046 of the family court act.
JUSTIFICATION:
The Family Court Act rule of evidence targeted by this bill is insuffi-
cient in its present form to adequately protect children from dangerous
parents.
FCA Sections 1012 (f) and 1046 (a) (iii) establish a presumPtion of
child neglect against drug-addicted parents, but carve out an exemption
for parents enrolled in drug treatment. While the basic thinking behind
this exemption is sound, it is far too lenient as written. Sadly, most
addicts who receive treatment do not manage to complete their program
and stay off drugs long-term, yet the law allows them to regain custody
of children they have abused merely by enrolling in a treatment program.
Elise Izquierdo's mother, Awilda Lopez, regained custody of her children
after undergoing drug treatment, and kept them despite quickly lapsing
back into crack addiction.
By requiring a drug-addicted parent to complete treatment and stay off
drugs for one year to defeat a presumption of child neglect, this bill.
would create a proper, balance between the worthy goal of encouraging
drug-addicted parents to seek treatment, and our overriding responsibil-
ity to protect children from neglect and abuse. 005489
PRIOR LEGISLATIVE HISTORY:
02/09/17 referred to children and families
01/03/18 referred to children and families
FISCAL IMPLICATIONS:
None to State
EFFECTIVE DATE:
Ninety days after it becomes law
STATE OF NEW YORK
________________________________________________________________________
6073
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act, in relation to modifying the
existing exemption from what constitutes prima facie evidence of child
neglect where a parent or guardian voluntarily participates in a
recognized rehabilitative program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (B) of paragraph (i) of subdivision (f) of
2 section 1012 of the family court act, as amended by chapter 984 of the
3 laws of 1981, is amended to read as follows:
4 (B) in providing the child with proper supervision or guardianship, by
5 unreasonably inflicting or allowing to be inflicted harm, or a substan-
6 tial risk thereof, including the infliction of excessive corporal
7 punishment; or by misusing a drug or drugs; or by misusing alcoholic
8 beverages to the extent that he loses self-control of his actions; or by
9 any other acts of a similarly serious nature requiring the aid of the
10 court; provided, however, that where the respondent [is] has voluntarily
11 [and regularly participating] participated in and successfully completed
12 a recognized rehabilitative program and has been verifiably rehabili-
13 tated for an uninterrupted period of one year immediately prior to the
14 hearing date, evidence that the respondent has repeatedly misused a drug
15 or drugs or alcoholic beverages to the extent that he loses self-control
16 of his actions shall not establish that the child is a neglected child
17 in the absence of evidence establishing that the child's physical,
18 mental or emotional condition has been impaired or is in imminent danger
19 of becoming impaired as set forth in this paragraph [(i) of this subdi-
20 vision]; or
21 § 2. Paragraph (iii) of subdivision (a) of section 1046 of the family
22 court act, as amended by chapter 92 of the laws of 2021, is amended to
23 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10080-01-3
A. 6073 2
1 (iii) proof that a person repeatedly misuses a drug or drugs or alco-
2 holic beverages, to the extent that it has or would ordinarily have the
3 effect of producing in the user thereof a substantial state of stupor,
4 unconsciousness, intoxication, hallucination, disorientation, or incom-
5 petence, or a substantial impairment of judgment, or a substantial
6 manifestation of irrationality, shall be prima facie evidence that a
7 child of or who is the legal responsibility of such person is a
8 neglected child except that such drug, or alcoholic beverage misuse
9 shall not be prima facie evidence of neglect when such person [is] has
10 voluntarily [and regularly participating] participated in and success-
11 fully completed a recognized rehabilitative program and has been verifi-
12 ably rehabilitated for an uninterrupted period of one year immediately
13 prior to the hearing date. Provided however, the sole fact that an indi-
14 vidual consumes cannabis, without a separate finding that the child's
15 physical, mental or emotional condition was impaired or is in imminent
16 danger of becoming impaired established by a fair preponderance of the
17 evidence shall not be sufficient to establish prima facie evidence of
18 neglect; and
19 § 3. This act shall take effect on the ninetieth day after it shall
20 have become a law.
