Colton, Cook, Galef, Miller MG, Perry, Schimminger
 
Amd §§1012 & 1046, Fam Ct Act
 
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.
STATE OF NEW YORK
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4305
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
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Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COLTON,
COOK, GALEF, M. G. MILLER, PERRY, SCHIMMINGER -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08429-01-9
A. 4305 2
1 § 2. Paragraph (iii) of subdivision (a) of section 1046 of the family
2 court act, as amended by chapter 984 of the laws of 1981, is amended to
3 read as follows:
4 (iii) proof that a person repeatedly misuses a drug or drugs or alco-
5 holic beverages, to the extent that it has or would ordinarily have the
6 effect of producing in the user thereof a substantial state of stupor,
7 unconsciousness, intoxication, hallucination, disorientation, or incom-
8 petence, or a substantial impairment of judgment, or a substantial
9 manifestation of irrationality, shall be prima facie evidence that a
10 child of or who is the legal responsibility of such person is a
11 neglected child except that such drug or alcoholic beverage misuse shall
12 not be prima facie evidence of neglect when such person [is] has volun-
13 tarily [and regularly participating] participated in and successfully
14 completed a recognized rehabilitative program and has been verifiably
15 rehabilitated for an uninterrupted period of one year immediately prior
16 to the hearing date; and
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law.