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A00076 Summary:

BILL NO    A00076 

SAME AS    No same as 

SPONSOR    Simanowitz (MS)

COSPNSR    

MLTSPNSR   Crouch

Amd SS422, 409-a & 423, Soc Serv L; add S2500-l, Pub Health L; amd SS1046 &
1051, Fam Ct Act

Provides for testing of newborns for presence of alcohol and/or controlled
substances; makes provisions for intensive drug rehabilitation services as
preventative services for any parent of a newborn testing positive for alcohol
and/or controlled substances; establishes guidelines for admissibility of such
laboratory test results in family court; provides for referring alcohol and
substance abusers to drug treatment court.
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A00076 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          76

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced  by  M.  of  A.  SIMANOWITZ -- Multi-Sponsored by -- M. of A.
         CROUCH -- read once and referred to  the  Committee  on  Children  and
         Families

       AN  ACT  to amend the social services law, in relation to providing drug
         rehabilitative services to parents of a newborn who tests positive for
         alcohol and/or controlled substances; to amend the public health  law,
         in  relation  to  providing  for  testing  of  newborns for alcohol or
         controlled substances; and to amend the family court act, in  relation
         to the admissibility of laboratory tests showing usage of a controlled
         substance  and referring certain alcohol and substance abusers to drug
         treatment court

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Subdivision 2 of section 422 of the social services law is
    2  amended by adding a new paragraph (d) to read as follows:
    3    (D) WHENEVER A TELEPHONE CALL OR REPORT HAS BEEN RECEIVED BY THE STATE
    4  CENTRAL REGISTER ABOUT A CASE OF SUSPECTED CHILD ABUSE  OR  MALTREATMENT
    5  FROM  AN  ATTENDING  PHYSICIAN BECAUSE A NEWBORN HAS TESTED POSITIVE FOR
    6  ALCOHOL AND/OR FOR A CONTROLLED SUBSTANCE AS DEFINED IN SECTION  THIRTY-
    7  THREE  HUNDRED SIX OF THE PUBLIC HEALTH LAW AND THAT SUCH POSITIVE TOXI-
    8  COLOGY WAS CONFIRMED BY A SECOND TEST, THE LOCAL DISTRICT SHALL  CONDUCT
    9  AN  INVESTIGATION  OF  THE SUBJECT OF THE REPORT. FURTHERMORE, THE LOCAL
   10  DISTRICT SHALL INVESTIGATE THE HOME IN WHICH THE NEWBORN  IS  TO  RESIDE
   11  WITH  THE  CUSTODIAL  PARENT  IN  ORDER  TO  ASSESS  WHETHER SUCH LIVING
   12  ARRANGEMENTS WILL IMPAIR THE CHILD OR PLACE THE CHILD AT  IMMINENT  RISK
   13  OF  IMPAIRMENT  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION
   14  FOUR HUNDRED TWELVE OF THIS TITLE AND SUBDIVISION  (F)  OF  SECTION  ONE
   15  THOUSAND  TWELVE  OF  THE  FAMILY  COURT  ACT. THE LOCAL SOCIAL SERVICES
   16  COMMISSIONER SHALL IN WRITING INFORM THE SUBJECT OF SUCH CENTRAL  REGIS-
   17  TER REPORT ABOUT THE AVAILABILITY OF DRUG AND/OR ALCOHOL SUBSTANCE ABUSE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00476-01-5
       A. 76                               2

    1  TREATMENT PROGRAMS, AND INTENSIVE CAREGIVER REHABILITATION SERVICES THAT
    2  MAY  BE PROVIDED. THE LOCAL SOCIAL SERVICES DISTRICT OR THE HOSPITAL, AS
    3  DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, MAY, IF APPRO-
    4  PRIATE,  MAKE ARRANGEMENTS FOR THE ADMISSION OF THE CARETAKER PARENT AND
    5  CHILD OR CHILDREN INTO  A  RESIDENTIAL  TREATMENT  PROGRAM  OR  INTO  AN
    6  OUT-PATIENT TREATMENT PROGRAM PURSUANT TO SECTION FOUR HUNDRED NINE-A OF
    7  THIS ARTICLE.  THE SUBJECT OF A REPORT PURSUANT TO THIS SECTION SHALL BE
    8  INFORMED  IN WRITING BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES OF THE
    9  POSSIBLE CIVIL CONSEQUENCES OF FAILING TO PARTICIPATE  AND  COMPLY  WITH
   10  THE REQUIREMENTS OF A SUBSTANCE ABUSE TREATMENT PROGRAM.
   11    S  2.  Paragraph  (a)  of subdivision 5 of section 409-a of the social
   12  services law, as added by chapter 610 of the laws of 1979 and as  desig-
   13  nated by chapter 731 of the laws of 1989, such subdivision as renumbered
   14  by chapter 465 of the laws of 1987, is amended to read as follows:
   15    (a)  Regulations  of  the  department, promulgated pursuant to and not
   16  inconsistent with this section, shall contain program standards  includ-
   17  ing,  but  not limited to: specification of services to be classified as
   18  preventive services,  WHICH  SHALL  INCLUDE  SUBSTANCE  ABUSE  TREATMENT
   19  SERVICES PROVIDED TO A PREGNANT WOMAN OR A CARETAKER PERSON; appropriate
   20  circumstances  and  conditions for the provision of particular services;
   21  appropriate providers and recipients of such services; and time  limits,
   22  as  may  be  appropriate, for the provision of particular services.  The
   23  department shall, subject to the approval of the director of the budget,
   24  establish reimbursement or charge limitations for particular services or
   25  groups of services to be provided.  The department shall also promulgate
   26  regulations to prevent  social  services  districts  from  overutilizing
   27  particular  forms  or  types  of  preventive  services  and to encourage
   28  districts to provide balanced preventive services programs based on  the
   29  identified needs of children and families residing in such districts.
   30    S 3. Section 423 of the social services law is amended by adding a new
   31  subdivision 7 to read as follows:
   32    7.  (A)  SUBJECT  TO  THE  AMOUNTS  ANNUALLY APPROPRIATED SPECIFICALLY
   33  THEREFOR, THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED
   34  TO AWARD GRANTS TO NOT-FOR-PROFIT ORGANIZATIONS WHICH MAY, TO THE EXTENT
   35  PRACTICABLE, BE COMMUNITY-BASED AND/OR CONSORTIA OF  ORGANIZATIONS  WITH
   36  COMMUNITY  ADVISORY  BOARDS.  SUCH ORGANIZATIONS SHALL CREATE OR ENHANCE
   37  CAREGIVER REHABILITATION SERVICES THAT PROVIDE AN ALCOHOL  OR  SUBSTANCE
   38  ABUSING  PREGNANT  WOMAN  OR  A CARETAKER PERSON WITH RESIDENTIAL AND/OR
   39  OUT-PATIENT TREATMENT SERVICES, INCLUDING COUNSELING,  PARENTING  SKILLS
   40  AND  INTENSIVE  CASE  MONITORING.  CAREGIVER REHABILITATION SERVICES MAY
   41  PROVIDE SUCH ELIGIBLE PERSONS WITH AN OPPORTUNITY TO  RECEIVE  INTENSIVE
   42  REHABILITATION   TREATMENT   AND  INTENSIVE  CASE  MANAGEMENT  SPECIALLY
   43  TAILORED TO ACCOMMODATE THE NEEDS OF EXPECTANT  MOTHERS  AND  CAREGIVERS
   44  WITH CHILDREN.
   45    (B)  LOCAL  SOCIAL  SERVICES  DISTRICTS  SHALL  MAKE  THE PROVISION OF
   46  SUBSTANCE ABUSE TREATMENT SERVICES TO A PREGNANT WOMAN  OR  A  CARETAKER
   47  PERSON A PRIORITY WHENEVER SUCH PERSON IS THE SUBJECT OF A REPORT TO THE
   48  CENTRAL  REGISTER  PURSUANT  TO  SECTION FOUR HUNDRED TWENTY-TWO OF THIS
   49  TITLE. SUCH SUBSTANCE ABUSE TREATMENT PROGRAMS SHALL BE CALLED INTENSIVE
   50  CAREGIVER REHABILITATION SERVICES.  THE  INTENSIVE  CAREGIVER  REHABILI-
   51  TATION  SERVICES PROGRAM MAY BE PROVIDED TO ELIGIBLE PERSONS PURSUANT TO
   52  THIS SECTION IN ORDER TO PERMIT A CHILD TO BE PLACED  WITH  THE  CHILD'S
   53  PARENT IN A RESIDENTIAL PROGRAM THAT PROVIDES TREATMENT AND OTHER NECES-
   54  SARY  SERVICES FOR PARENTS AND CHILDREN, INCLUDING COUNSELING, PARENTING
   55  SERVICES AND INTENSIVE CASE MONITORING WHEN:
       A. 76                               3

    1    (I) THE PARENT OR CAREGIVER IS  ATTEMPTING  TO  OVERCOME  A  SUBSTANCE
    2  ABUSE PROBLEM AND IS COMPLYING WITH AN APPROVED TREATMENT PLAN;
    3    (II) THE SAFETY OF THE CHILD CAN BE ASSURED;
    4    (III)  THE  RANGE  OF  SERVICES PROVIDED BY THE PROGRAM IS DESIGNED TO
    5  APPROPRIATELY ADDRESS THE NEEDS OF THE PARENT AND CHILD; AND
    6    (IV) THE GOAL OF THE CASE PLAN FOR THE CHILD IS EITHER TO  PREVENT  AN
    7  OUT  OF  HOME  PLACEMENT OR TO TRY TO REUNIFY THE CHILD WITH THE FAMILY.
    8  OUT-PATIENT SERVICES SHALL ALSO BE MADE AVAILABLE BY  THE  LOCAL  SOCIAL
    9  SERVICES  DISTRICT  TO THOSE PREGNANT WOMEN AND CAREGIVERS WHOSE CIRCUM-
   10  STANCES PREVENT THEM FROM ENROLLING IN A RESIDENTIAL  TREATMENT  PROGRAM
   11  BUT  WHO  ARE  SEEKING INTENSIVE CAREGIVER REHABILITATION SERVICES IN AN
   12  EFFORT TO ELIMINATE THEIR ADDICTION WHILE PRESERVING THEIR FAMILIES.
   13    (C) THE INTENSIVE CAREGIVER REHABILITATION SERVICES PROGRAM SHALL HAVE
   14  A CASEWORKER TO CLIENT RATIO WHICH SHALL NOT EXCEED THE  STAFFING  LEVEL
   15  WHICH  IS  DEEMED TO BE APPROPRIATE BY THE OFFICE OF CHILDREN AND FAMILY
   16  SERVICES.  INTENSIVE TREATMENT SERVICES SHALL BE  PROVIDED  TO  ELIGIBLE
   17  FAMILIES  FOR  NOT MORE THAN FORTY-FIVE DAYS FOR A RESIDENTIAL BASIS AND
   18  NO MORE THAN NINETY DAYS FOR AN OUT-PATIENT BASIS; AND, WEEKLY FOLLOW-UP
   19  SERVICES SHALL BE PROVIDED FOR A PERIOD OF NOT MORE THAN SIX  MONTHS  AS
   20  DETERMINED  ON A CASE-BY-CASE BASIS. PROVIDED, HOWEVER, THAT SUCH INTEN-
   21  SIVE TREATMENT SERVICES, BOTH RESIDENTIAL AND OUT-PATIENT, AND THE WEEK-
   22  LY FOLLOW-UP SERVICES MAY BE EXTENDED AS NEEDED ON A CASE-BY-CASE  BASIS
   23  FOR UP TO ONE YEAR.
   24    S  4.  The public health law is amended by adding a new section 2500-l
   25  to read as follows:
   26    S 2500-L. ALCOHOL AND SUBSTANCE ABUSE;  SCREENING  AND/OR  TESTING  OF
   27  NEWBORNS.  1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR THE SCREEN-
   28  ING AND/OR  TESTING  OF  NEWBORNS  FOR  EXPOSURE  TO  ALCOHOL  AND/OR  A
   29  CONTROLLED SUBSTANCE, INCLUDING EXPOSURE WHICH RESULTS FROM THE ABUSE OF
   30  PRESCRIPTION DRUGS.
   31    2.  THE COMMISSIONER SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
   32  DATE OF THIS SECTION, PROMULGATE RULES AND REGULATIONS  TO  ESTABLISH  A
   33  HOSPITAL  PROTOCOL  TO  IMPLEMENT  THE  PROGRAM  ESTABLISHED PURSUANT TO
   34  SUBDIVISION ONE OF THIS SECTION. SUCH PROTOCOL SHALL INCLUDE THE  ADMIN-
   35  ISTRATION OF SCREENING, TESTING, REVIEW PROCESSES, COUNSELING AND REFER-
   36  RALS  FOR  ALCOHOL  AND SUBSTANCE ABUSE TREATMENT.  SUCH PROTOCOLS SHALL
   37  DETAIL THE PRESENTING OF MEDICAL CONDITIONS, CRITERIA OR SYMPTOMS  WHICH
   38  REQUIRE THE RESPONSIBLE PHYSICIAN OR BIRTH ATTENDANT TO SCREEN, TEST AND
   39  INITIATE  A  REVIEW  PROCESS FOR EXPOSURE TO ALCOHOL AND/OR A CONTROLLED
   40  SUBSTANCE AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF  THIS  CHAP-
   41  TER.  SUCH PROTOCOLS SHALL NOT RELY ON THE EXPECTANT MOTHER'S AGE, RACE,
   42  MARITAL STATUS, SOURCE OF INCOME, RESIDENCE, INSURANCE PROVIDER,  EDUCA-
   43  TIONAL  LEVEL, OCCUPATION, PLACE OF EMPLOYMENT OR PROFESSION WHEN DETER-
   44  MINING WHETHER OR NOT TO TEST A NEWBORN FOR EXPOSURE TO ALCOHOL AND/OR A
   45  CONTROLLED SUBSTANCE.   SUCH  PROTOCOL  SHALL  REQUIRE  THAT:  (A)  EACH
   46  SCREENING FOR ALCOHOL AND/OR DRUGS BE SUBJECTED TO A SECOND CONFIRMATORY
   47  TEST  BEFORE  AN INCIDENT REPORT MAY BE FILED WITH THE STATEWIDE CENTRAL
   48  REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO  PARAGRAPH  (D)  OF
   49  SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  TWENTY-TWO  OF  THE SOCIAL
   50  SERVICES LAW; (B) THAT A MEDICAL REVIEW OFFICER INTERVIEW THE  EXPECTANT
   51  OR  POSTPARTUM  WOMAN  RELATIVE  TO  A POSITIVE TOXICOLOGY REPORT ON HER
   52  NEWBORN; AND (C) EACH HOSPITAL COLLECT  BLIND  DATA  ON  THE  SCREENING,
   53  TESTING  AND  TREATMENT  REFERRALS,  WHEN  APPROPRIATE,  TO  FAMILIES OF
   54  NEWBORNS.
   55    3. COMMENCING ON THE FIRST OF JANUARY  NEXT  SUCCEEDING  THE  DATE  ON
   56  WHICH  RULES AND REGULATIONS HAVE BEEN FILED WITH THE SECRETARY OF STATE
       A. 76                               4

    1  TO IMPLEMENT THIS SECTION, THE COMMISSIONER SHALL BIENNIALLY  PREPARE  A
    2  REPORT NO LATER THAN THE FIFTEENTH OF DECEMBER OF EACH YEAR. SUCH REPORT
    3  SHALL  EVALUATE  THE EFFECTIVENESS OF THE ALCOHOL AND DRUG SCREENING AND
    4  TESTING POLICY AND PROTOCOL ESTABLISHED BY THIS SUBDIVISION. SUCH REPORT
    5  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO  THE FOLLOWING: THE NUMBER OF
    6  NEWBORNS SCREENED FOR EXPOSURE TO ALCOHOL OR A CONTROLLED  SUBSTANCE  BY
    7  AGE,  RACE,  COLOR,  ETHNICITY,  SOCIO-ECONOMIC  STATUS, TYPE OF MEDICAL
    8  INSURANCE, AND ZIP CODE; THE NUMBER OF SCREENS WHICH RESULTED IN A POSI-
    9  TIVE TOXICOLOGY; THE NUMBER OF SCREENS WHICH WERE THEN  SUBJECTED  TO  A
   10  SECOND  CONFIRMATORY  TEST;  THE  NUMBER  OF  FALSE  POSITIVE TOXICOLOGY
   11  REPORTS; THE NUMBER OF PHYSICIAN REPORTS TO THE STATE  CENTRAL  REGISTER
   12  FOR CHILD ABUSE AND MALTREATMENT OF A POSITIVE TOXICOLOGY WHICH HAS BEEN
   13  CONFIRMED  AND  REVIEWED;  THE  NUMBER OF WOMEN ADMITTED TO AN INTENSIVE
   14  CAREGIVER REHABILITATIVE SERVICES PROGRAM AS A RESULT OF HOSPITAL INTER-
   15  VENTION; THE NUMBER OF ALCOHOL AND DRUG SCREENS PERFORMED AT A HOSPITAL.
   16    S 5. Paragraphs (vii) and (viii) of subdivision (a) of section 1046 of
   17  the family court act, paragraph (vii) as amended by chapter 432  of  the
   18  laws  of  1993 and paragraph (viii) as added by chapter 1015 of the laws
   19  of 1972, are amended and a new  paragraph  (ix)  is  added  to  read  as
   20  follows:
   21    (vii)  neither  the privilege attaching to confidential communications
   22  between husband and wife, as set forth in section forty-five hundred two
   23  of the civil practice law  and  rules,  nor  the  physician-patient  and
   24  related  privileges,  as set forth in section forty-five hundred four of
   25  the civil practice law and rules, nor the psychologist-client privilege,
   26  as set forth in section forty-five hundred seven of the  civil  practice
   27  law  and  rules, nor the social worker-client privilege, as set forth in
   28  section forty-five hundred eight of the civil practice  law  and  rules,
   29  nor  the rape crisis counselor-client privilege, as set forth in section
   30  forty-five hundred ten of the civil practice law and rules, shall  be  a
   31  ground  for  excluding  evidence which otherwise would be admissible[.];
   32  AND
   33    (viii) proof of the "impairment of emotional health" or "impairment of
   34  mental or emotional condition" as  a  result  of  the  unwillingness  or
   35  inability  of the respondent to exercise a minimum degree of care toward
   36  a child may include  competent  opinion  or  expert  testimony  and  may
   37  include  proof  that  such  impairment lessened during a period when the
   38  child was in the care, custody or supervision  of  a  person  or  agency
   39  other than the respondent[.]; AND
   40    (IX)  THE  RESULTS  OF  ANY  LABORATORY  TEST  SHOWING  THE USAGE OF A
   41  CONTROLLED SUBSTANCE BY, OR THE PRESENCE OF A CONTROLLED SUBSTANCE IN, A
   42  PARENT, CHILD OR OTHER PERSON SHALL BE ADMISSIBLE ONLY IF:
   43    (A) SUCH TEST WAS CONDUCTED BY A LABORATORY THAT HAS MET THE  REQUIRE-
   44  MENTS  ESTABLISHED  BY  SECTION  FIVE HUNDRED SEVENTY-FIVE OF THE PUBLIC
   45  HEALTH LAW; AND
   46    (B) THE LABORATORY AND THE PERSON OR INSTITUTION COLLECTING THE SAMPLE
   47  HAS ESTABLISHED A CHAIN OF CUSTODY PROCEDURE FOR SAMPLE  COLLECTING  AND
   48  TESTING  THAT  WILL  VERIFY THE IDENTITY OF EACH SAMPLE AND TEST RESULT;
   49  AND
   50    (C) THE COLLECTING ENTITY DIVIDES THE SAMPLE COLLECTED, IF  SUFFICIENT
   51  INTO TWO SEPARATE CONTAINERS AND PRESERVES ONE SAMPLE IN A SECURE FREEZ-
   52  ER IN SUCH A WAY THAT IT CAN BE LATER TESTED FOR THE PRESENCE OF ALCOHOL
   53  OR CONTROLLED SUBSTANCES; AND
   54    (D)  THE  SAMPLE  IS RETESTED TO CONFIRM THE RESULTS OF THE FIRST TEST
   55  AND WHICH PROVIDES QUANTITATIVE DATA ABOUT THE  DETECTED  DRUG  OR  DRUG
   56  METABOLITES; AND
       A. 76                               5

    1    (E)  THE  RESULTS  INCLUDE THE TYPE OF TESTS CONDUCTED, THE RESULTS OF
    2  EACH TEST, AND THE DETECTION LEVEL, MEANING THE CUTOFF OR  MEASURE  USED
    3  TO DISTINGUISH POSITIVE FROM NEGATIVE SAMPLES.
    4    S  6.  Section 1051 of the family court act is amended by adding a new
    5  subdivision (g) to read as follows:
    6    (G) WHERE THE COURT MAKES A FINDING OF NEGLECT OR ABUSE AND FINDS THAT
    7  THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CHILD  MISUSES  A
    8  DRUG  OR DRUGS OR ALCOHOLIC BEVERAGES, THE COURT MAY REFER THE CASE TO A
    9  PART OF THE COURT KNOWN AS THE "DRUG TREATMENT COURT". THE  DRUG  TREAT-
   10  MENT  COURT  MAY  REQUIRE  THAT THE RESPONDENT MEET WITH A CASE MANAGER,
   11  COMPLY WITH A TREATMENT PLAN, AND SUBMIT  TO  OVERSIGHT  BY  THE  COURT,
   12  INCLUDING  REGULAR  DRUG TESTING. THE DRUG TREATMENT COURT SHALL PROVIDE
   13  FOR  SPEEDY  ENROLLMENT  OF  RESPONDENTS  INTO   APPROPRIATE   TREATMENT
   14  PROGRAMS,  FREQUENT  AND  CONSISTENT MONITORING OF RESPONDENTS INCLUDING
   15  REWARDING OF GOOD BEHAVIOR AND PENALIZING OF POOR  BEHAVIOR,  AND  EXPE-
   16  DITED DECISION MAKING.
   17    S 7. This act shall take effect on the one hundred eightieth day after
   18  it shall have become a law.
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