Bill Text: NY A00444 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes that the parent or guardian of a child shall be able to permit such child to engage in certain unsupervised acts without such parent being subject to penalty or such child being designated as a "neglected child".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A00444 Detail]

Download: New_York-2019-A00444-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           444
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. STECK, WOERNER -- read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to exceptions to  endangering
          the welfare of a child; and to amend the family court act, in relation
          to unsupervised children age ten or older
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 260.10 of the penal law is amended by adding a  new
     2  subdivision 4 to read as follows:
     3    4.  (a)  The provisions of this section shall not apply to a parent or
     4  guardian of a child aged ten years or older where such parent or guardi-
     5  an has permitted such child  to  engage  in  certain  unsupervised  acts
     6  including but not limited to:
     7    (i)  traveling  to  and from school, including by walking, running, or
     8  bicycling;
     9    (ii) traveling via any public  transportation  system,  provided  such
    10  child  was given specific written instructions as to how to reach his or
    11  her destination;
    12    (iii) traveling to and from commercial or recreational facilities that
    13  are less than five miles away from the parent or guardian's residence;
    14    (iv) engaging in activities outside of the parent or guardian's  resi-
    15  dence;
    16    (v) remaining unattended at the parent or guardian's residence;
    17    (vi) leaving a child unattended in a motor vehicle for fifteen minutes
    18  or less; or
    19    (vii) engaging in a similar independent activity.
    20    (b)  No parent or guardian shall be convicted of child endangerment in
    21  the absence of a showing of specific conduct by such parent or  guardian
    22  demonstrating  that  such  parent  acted in disregard of a known risk of
    23  harm to such child that the parent actually perceived  at  the  time  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03603-01-9

        A. 444                              2
     1  wrongdoing  that  was intended to harm such child. A complaint made by a
     2  non-parent or guardian, member of law  enforcement,  or  child  advocate
     3  employed  by  the  state  indicating that one of the aforementioned acts
     4  mentioned  in this subdivision occurred, shall be insufficient to find a
     5  parent guilty of child endangerment.
     6    § 2. Subdivision (f) of section  1012  of  the  family  court  act  is
     7  amended by adding a new paragraph (iii) to read as follows:
     8    (iii)(A) "neglected child" shall not include a child aged ten years or
     9  older  whose parents or guardians permit such child to engage in certain
    10  unsupervised acts including but not limited to:
    11    (1) traveling to and from school, including by  walking,  running,  or
    12  bicycling;
    13    (2)  traveling  via  any  public  transportation system, provided such
    14  child was given specific written instructions as to how to reach his  or
    15  her destination;
    16    (3)  traveling  to and from commercial or recreational facilities that
    17  are less than five miles away from the parent or guardian's residence;
    18    (4) engaging in activities outside of the parent or  guardian's  resi-
    19  dence;
    20    (5) remaining unattended at the parent or guardian's residence;
    21    (6)  leaving a child unattended in a motor vehicle for fifteen minutes
    22  or less; or
    23    (7) engaging in a similar independent activity.
    24    (B) a child shall not be considered a "neglected child" in the absence
    25  of a showing of specific conduct by such parent or guardian  demonstrat-
    26  ing  that  such parent or guardian acted in disregard of a known risk of
    27  harm to such child that the parent or guardian actually perceived at the
    28  time or wrongdoing that was intended to harm  such  child.  A  complaint
    29  made  by  a  non-parent or guardian, member of law enforcement, or child
    30  advocate employed by the state indicating that one of the aforementioned
    31  acts mentioned in this subdivision occurred, shall  be  insufficient  to
    32  find a child to be a "neglected child" as set forth in this subdivision.
    33    §  3.  This  act shall take effect on the ninetieth day after it shall
    34  have become a law.
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