Bill Text: NY A10141 | 2019-2020 | General Assembly | Introduced

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Bill Title: Eliminates the use of the term "incorrigible".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-03-12 - referred to children and families [A10141 Detail]

Download: New_York-2019-A10141-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10141

                   IN ASSEMBLY

                                     March 12, 2020
                                       ___________

        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Children and Families

        AN ACT to amend the family court act, in relation to eliminating the use
          of the term incorrigible

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions (a) and (c) of section 712 of the family court
     2  act,  as  amended  by  section  1 of part K of chapter 56 of the laws of
     3  2019, are amended to read as follows:
     4    (a) "Person in need of supervision". A person less than eighteen years
     5  of age: (i) who does not attend school in accordance with the provisions
     6  of part one of article sixty-five of the  education  law;  (ii)  who  is
     7  [incorrigible,]  ungovernable  or  habitually disobedient and beyond the
     8  lawful control of a parent or other person legally responsible for  such
     9  child's  care,  or  other  lawful  authority;  (iii)  who  violates  the
    10  provisions of: (1) section 221.05; or (2) 230.00 of the penal law;  (iv)
    11  or  who appears to be a sexually exploited child as defined in paragraph
    12  (a), (c) or (d) of subdivision one of section four hundred forty-seven-a
    13  of the social services law, but only if the child consents to the filing
    14  of a petition under this article.
    15    (c)  "Fact-finding  hearing".  A  hearing  to  determine  whether  the
    16  respondent did the acts alleged to show that he or she violated a law or
    17  is [incorrigible,] ungovernable or habitually disobedient and beyond the
    18  control of his or her parents, guardian or legal custodian.
    19    §  2.  Paragraph  (i)  of subdivision (a) of section 732 of the family
    20  court act, as amended by section 9 of part G of chapter 58 of  the  laws
    21  of 2010, is amended to read as follows:
    22    (i)  the  respondent is an habitual truant or is [incorrigible,] ungo-
    23  vernable[,] or habitually disobedient and beyond the lawful  control  of
    24  his or her parents, guardian or lawful custodian, or has been the victim
    25  of  sexual  exploitation  as  defined in subdivision one of section four
    26  hundred forty-seven-a of the social services  law,  and  specifying  the
    27  acts  on  which  the  allegations  are based and the time and place they
    28  allegedly occurred. Where habitual truancy is alleged or the  petitioner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15669-01-0
        A. 10141                            2

     1  is  a  school  district  or local educational agency, the petition shall
     2  also include the steps taken by the responsible school district or local
     3  educational agency to improve the school attendance  and/or  conduct  of
     4  the respondent;
     5    § 3. Section 773 of the family court act, as amended by chapter 920 of
     6  the laws of 1982, is amended to read as follows:
     7    §  773. Petition for transfer [for incorrigibility].  Any institution,
     8  society or agency in which a  person  was  placed  under  section  seven
     9  hundred  fifty-six  of this article may petition to the court which made
    10  the order of placement for transfer of that person to a society or agen-
    11  cy, governed or controlled by persons of the  same  religious  faith  or
    12  persuasion as that of the child, where practicable, or, if not practica-
    13  ble,  to  some  other  suitable  institution,  or to some other suitable
    14  institution on the ground that [such person]
    15    (a) [is incorrigible and that his or her] the presence of such  person
    16  is  seriously  detrimental  to the welfare of the applicant institution,
    17  society, agency or other persons in its care, or
    18    (b) after placement by the court, such person was released  on  parole
    19  or  probation  from  such  institution,  society or agency and a term or
    20  condition of the release was willfully violated. The petition  shall  be
    21  verified  by  an officer of the applicant institution, society or agency
    22  and shall specify the act  or  acts  bringing  the  person  within  this
    23  section.
    24    § 4. Subdivision (h) of section 1012 of the family court act, as added
    25  by chapter 1015 of the laws of 1972, is amended to read as follows:
    26    (h)  "Impairment  of  emotional  health"  and "impairment of mental or
    27  emotional  condition"  includes  a  state  of  substantially  diminished
    28  psychological or intellectual functioning in relation to, but not limit-
    29  ed to, such factors as failure to thrive, control of aggressive or self-
    30  destructive  impulses,  ability  to  think  and reason, or acting out or
    31  misbehavior, including [incorrigibility,]  ungovernability  or  habitual
    32  truancy; provided, however, that such impairment must be clearly attrib-
    33  utable to the unwillingness or inability of the respondent to exercise a
    34  minimum degree of care toward the child.
    35    § 5. This act shall take effect immediately.