STATE OF NEW YORK
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4475
2019-2020 Regular Sessions
IN SENATE
March 12, 2019
___________
Introduced by Sens. MONTGOMERY, PERSAUD -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to the definition of person in parental relationship to a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 1 of section 2164 of the public
2 health law, as amended by chapter 401 of the laws of 2015, is amended to
3 read as follows:
4 c. The term "person in parental relation to a child" shall mean and
5 include [his] the child's father or mother, by birth or adoption, [his]
6 the child's legally appointed guardian, a person possessing a lawful
7 order of custody of a child, or [his] the child's custodian. A person
8 shall be regarded as the custodian of a child if he or she has assumed
9 the charge and care of the child because the parents or legally
10 appointed guardian of the minor have died, are imprisoned, are mentally
11 ill, or have been committed to an institution, or because they have
12 abandoned or deserted such child or are living outside the state or
13 their whereabouts are unknown, or have designated the person pursuant to
14 title fifteen-A of article five of the general obligations law as a
15 person in parental relation to the child.
16 § 2. Subdivision 1 of section 3212 of the education law, as amended by
17 chapter 119 of the laws of 2005, is amended to read as follows:
18 1. Definition. As used in this article, a person in parental relation
19 to another individual shall include [his] the child's father or mother,
20 by birth or adoption, [his] the child's step-father or step-mother,
21 [his] the child's legally appointed guardian, a person possessing a
22 lawful order of custody of a child, or [his] the child's custodian. A
23 person shall be regarded as the custodian of another individual if he or
24 she has assumed the charge and care of such individual because the
25 parents or legally appointed guardian of such individual have died, are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02781-01-9
S. 4475 2
1 imprisoned, are mentally ill, or have been committed to an institution,
2 or because, they have abandoned or deserted such individual or are
3 living outside the state or their whereabouts are unknown, or have
4 designated the person pursuant to title fifteen-A of article five of the
5 general obligations law as a person in parental relation to the child.
6 § 3. This act shall take effect immediately.
