Bill Text: NY A08565 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to third party caretakers of children, custody determinations and reporting child abuse to the state central register of child abuse and maltreatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A08565 Detail]
Download: New_York-2015-A08565-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8565
2015-2016 Regular Sessions
I N A S S E M B L Y
November 16, 2015
___________
Introduced by M. of A. SKARTADOS -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to third party
caretakers of children; to amend the domestic relations law and the
family court act, in relation to custody determinations; and to amend
the social services law, in relation to requirements for reporting
child abuse to the state central register of child abuse and maltreat-
ment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as "Mason's Law."
2 S 2. Legislative intent. The legislature hereby declares that it
3 intends to ensure the safety of children in cases of child custody and
4 requires that a third party caretaker of such children undergo criminal
5 background checks, requires family court judges to consider a parent
6 with a manageable disability when determining custody, and instructs
7 child protective services to report allegations of abuse by a child's
8 custodial parent when such abuse is alleged by the non-custodial parent.
9 S 3. The domestic relations law is amended by adding a new section
10 75-m to read as follows:
11 S 75-M. CRIMINAL BACKGROUND CHECKS FOR THIRD PARTY CARETAKERS. WHEN A
12 CUSTODIAL PARENT OF A CHILD LEAVES THE CHILD ALONE WITH A THIRD PARTY
13 CARETAKER, THE CUSTODIAL PARENT MUST:
14 (A) PERFORM A ONE TIME, COMMERCIALLY AVAILABLE, CRIMINAL BACKGROUND
15 CHECK OF THE THIRD PARTY CARETAKER TO DETERMINE THE INDIVIDUAL'S CRIMI-
16 NAL HISTORY IF THE CHILD WILL BE IN THE SOLE CARE OF THE THIRD PARTY
17 CARETAKER FOR AT LEAST FOUR TIMES IN A SIX MONTH PERIOD;
18 (B) INFORM AND SECURE THE CONSENT OF THE NON-CUSTODIAL PARENT OR THE
19 ASSIGNED CHILD PROTECTIVE SERVICES CASE WORKER BEFORE LEAVING THE CHILD
20 IN THE CARE OF THE THIRD PARTY CARETAKER WHEN THE BACKGROUND CHECK VERI-
21 FIES THAT THE THIRD PARTY CARETAKER HAS A RECORD OF CHILD ABUSE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10057-01-5
A. 8565 2
1 SUBSTANCE/ALCOHOL ABUSE, VIOLENCE OR OTHER RELEVANT CONVICTIONS WITHIN
2 THE LAST FIVE YEARS; AND
3 (C) MAKE A REASONABLE ATTEMPT TO GIVE THE NON-CUSTODIAL PARENT AN
4 OPPORTUNITY TO ACCEPT THE TEMPORARY CARETAKING ROLE BEFORE SECURING A
5 THIRD PARTY CARETAKER IF THE CHILD IS TO BE LEFT WITH A THIRD PARTY
6 CARETAKER FOR MORE THAN THIRTY-SIX CONSECUTIVE HOURS. THE NON-CUSTODIAL
7 PARENTS MUST BE ABLE TO PROVIDE CARE FOR AT LEAST THIRTY-SIX CONSECUTIVE
8 HOURS AND HAVE BEEN PREVIOUSLY GRANTED UNSUPERVISED VISITATION RIGHTS BY
9 THE COURT.
10 S 4. Subdivision 1 of section 240 of the domestic relations law is
11 amended by adding a new paragraph (a-3) to read as follows:
12 (A-3) DISABILITY OF PARENT; EFFECT ON CHILD CUSTODY ORDERS. (1) IF A
13 PARENT HAS A DISABILITY BUT CAN DEMONSTRATE THAT ACCOMMODATIONS CAN BE
14 MADE TO ENSURE THAT THE DISABILITY WILL NOT AFFECT THE CHILD'S SAFETY, A
15 JUDGE OR MAGISTRATE DETERMINING A JUDGMENT OR ORDER FOR CUSTODY SHALL
16 NOT CONSIDER SUCH PARENT'S DISABILITY.
17 (2) "DISABILITY" MEANS PHYSICAL, MENTAL OR MEDICAL IMPAIRMENT RESULT-
18 ING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR NEUROLOGICAL CONDITIONS
19 WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS DEMONSTRA-
20 BLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES.
21 S 5. Section 651 of the family court act is amended by adding a new
22 subdivision (g) to read as follows:
23 (G) DISABILITY OF PARENT; EFFECT ON CHILD CUSTODY ORDERS. 1. IF A
24 PARENT HAS A DISABILITY BUT CAN DEMONSTRATE THAT ACCOMMODATIONS CAN BE
25 MADE TO ENSURE THAT THE DISABILITY WILL NOT AFFECT THE CHILD'S SAFETY, A
26 JUDGE OR MAGISTRATE DETERMINING A JUDGMENT OR ORDER FOR CUSTODY SHALL
27 NOT CONSIDER SUCH PARENT'S DISABILITY.
28 2. "DISABILITY" MEANS PHYSICAL, MENTAL OR MEDICAL IMPAIRMENT RESULTING
29 FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR NEUROLOGICAL CONDITIONS WHICH
30 PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS DEMONSTRABLE BY
31 MEDICALLY ACCEPTED CLINICAL OR LABORATORY DIAGNOSTIC TECHNIQUES.
32 S 6. Section 424 of the social services law is amended by adding a new
33 subdivision 5-c to read as follows:
34 5-C. SHALL CONTACT THE STATE CENTRAL REGISTER WHEN A NON-CUSTODIAL
35 PARENT REPORTS PHYSICAL INJURY AS DESCRIBED IN SUBDIVISION (E) OF
36 SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT OR SEXUAL ABUSE OF A
37 CHILD WHILE UNDER THE CUSTODY OF THE CUSTODIAL PARENT, AND THERE IS
38 PROBABLE CAUSE TO INVESTIGATE SUCH CLAIMS.
39 S 7. This act shall take effect on the ninetieth day after it shall
40 have become a law.
