STATE OF NEW YORK
________________________________________________________________________
5873
2021-2022 Regular Sessions
IN ASSEMBLY
March 1, 2021
___________
Introduced by M. of A. REYES -- read once and referred 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
25 of sexual exploitation as defined in subdivision one of section four
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03013-01-1
A. 5873 2
1 hundred forty-seven-a of the social services law, and specifying the
2 acts on which the allegations are based and the time and place they
3 allegedly occurred. Where habitual truancy is alleged or the petitioner
4 is a school district or local educational agency, the petition shall
5 also include the steps taken by the responsible school district or local
6 educational agency to improve the school attendance and/or conduct of
7 the respondent;
8 § 3. Section 773 of the family court act, as amended by chapter 920 of
9 the laws of 1982, is amended to read as follows:
10 § 773. Petition for transfer [for incorrigibility]. Any institution,
11 society or agency in which a person was placed under section seven
12 hundred fifty-six of this article may petition to the court which made
13 the order of placement for transfer of that person to a society or agen-
14 cy, governed or controlled by persons of the same religious faith or
15 persuasion as that of the child, where practicable, or, if not practica-
16 ble, to some other suitable institution, or to some other suitable
17 institution on the ground that [such person]
18 (a) [is incorrigible and that his or her] the presence of such person
19 is seriously detrimental to the welfare of the applicant institution,
20 society, agency or other persons in its care, or
21 (b) after placement by the court, such person was released on parole
22 or probation from such institution, society or agency and a term or
23 condition of the release was willfully violated. The petition shall be
24 verified by an officer of the applicant institution, society or agency
25 and shall specify the act or acts bringing the person within this
26 section.
27 § 4. Subdivision (h) of section 1012 of the family court act, as added
28 by chapter 1015 of the laws of 1972, is amended to read as follows:
29 (h) "Impairment of emotional health" and "impairment of mental or
30 emotional condition" includes a state of substantially diminished
31 psychological or intellectual functioning in relation to, but not limit-
32 ed to, such factors as failure to thrive, control of aggressive or self-
33 destructive impulses, ability to think and reason, or acting out or
34 misbehavior, including [incorrigibility,] ungovernability or habitual
35 truancy; provided, however, that such impairment must be clearly attrib-
36 utable to the unwillingness or inability of the respondent to exercise a
37 minimum degree of care toward the child.
38 § 5. This act shall take effect immediately.
