Bill Text: NY A08565 | 2015-2016 | General Assembly | Introduced

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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

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                           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.