STATE OF NEW YORK
________________________________________________________________________
S. 2989 A. 2330
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 18, 2017
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IN SENATE -- Introduced by Sens. KENNEDY, BRESLIN, DILAN, LATIMER --
read twice and ordered printed, and when printed to be committed to
the Committee on Children and Families
IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES -- read once and
referred to the Committee on Children and Families
AN ACT to amend the family court act and the social services law, in
relation to the infliction of excessive corporal punishment on a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (iii) of subdivision (e) of section 1012 of the
2 family court act, as amended by chapter 320 of the laws of 2006, is
3 amended and a new paragraph (iv) is added to read as follows:
4 (iii) commits, or allows to be committed an offense against such child
5 defined in article one hundred thirty of the penal law; allows, permits
6 or encourages such child to engage in any act described in sections
7 230.25, 230.30 and 230.32 of the penal law; commits any of the acts
8 described in sections 255.25, 255.26 and 255.27 of the penal law; or
9 allows such child to engage in acts or conduct described in article two
10 hundred sixty-three of the penal law provided, however, that (a) the
11 corroboration requirements contained in the penal law and (b) the age
12 requirement for the application of article two hundred sixty-three of
13 such law shall not apply to proceedings under this article[.], or
14 (iv) inflicts or allows to be inflicted excessive corporal punishment
15 upon such child.
16 § 2. Subparagraph (B) of paragraph (i) of subdivision (f) of section
17 1012 of the family court act, as amended by chapter 984 of the laws of
18 1981, is amended to read as follows:
19 (B) in providing the child with proper supervision or guardianship, by
20 unreasonably inflicting or allowing to be inflicted harm, or a substan-
21 tial risk thereof[, including the infliction of excessive corporal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00958-01-7
S. 2989 2 A. 2330
1 punishment]; or by misusing a drug or drugs; or by misusing alcoholic
2 beverages to the extent that he loses self-control of his actions; or by
3 any other acts of a similarly serious nature requiring the aid of the
4 court; provided, however, that where the respondent is voluntarily and
5 regularly participating in a rehabilitative program, evidence that the
6 respondent has repeatedly misused a drug or drugs or alcoholic beverages
7 to the extent that he loses self-control of his actions shall not estab-
8 lish that the child is a neglected child in the absence of evidence
9 establishing that the child's physical, mental or emotional condition
10 has been impaired or is in imminent danger of becoming impaired as set
11 forth in paragraph (i) of this subdivision; or
12 § 3. Subparagraph (B) of paragraph (i) of subdivision 4-a of section
13 371 of the social services law, as amended by chapter 984 of the laws of
14 1981, is amended to read as follows:
15 (B) in providing the child with proper supervision or guardianship, by
16 unreasonably inflicting or allowing to be inflicted harm, or a substan-
17 tial risk thereof[, including the infliction of excessive corporal
18 punishment]; or by misusing a drug or drugs; or by misusing alcoholic
19 beverages to the extent that he loses self-control of his actions; or by
20 any other acts of a similarly serious nature requiring the aid of the
21 court; provided, however, that where the respondent is voluntarily and
22 regularly participating in a rehabilitative program, evidence that the
23 respondent has repeatedly misused a drug or drugs or alcoholic beverages
24 to the extent that he loses self-control of his actions shall not estab-
25 lish that the child is a neglected child in the absence of evidence
26 establishing that the child's physical, mental or emotional condition
27 has been impaired or is in imminent danger of becoming impaired as set
28 forth in paragraph (i) of this subdivision; or
29 § 4. Paragraph (iii) of subdivision 4-b of section 371 of the social
30 services law, as added by chapter 782 of the laws of 1971, is amended
31 and a new paragraph (iv) is added to read as follows:
32 (iii) commits, or allows to be committed, an act of sexual abuse
33 against such child as defined in the penal law[.], or
34 (iv) inflicts or allows to be inflicted excessive corporal punishment
35 upon such child.
36 § 5. This act shall take effect immediately.
