Bill Text: NY S02989 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the infliction of excessive corporal punishment on a child.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CHILDREN AND FAMILIES [S02989 Detail]
Download: New_York-2017-S02989-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 2989 A. 2330 2017-2018 Regular Sessions SENATE - ASSEMBLY January 18, 2017 ___________ 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 corporalEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00958-01-7S. 2989 2 A. 2330 1punishment]; 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 corporal18punishment]; 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.
