Bill Text: NY S06016 | 2017-2018 | General Assembly | Amended

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Bill Title: Provides that a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person pursuant to sections twenty-one hundred sixty-four and twenty-five hundred four of the public health law and sections two and thirty-two hundred twelve of the education law for a period not exceeding twelve months; provides that a designation may not be more than twelve months.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-06-11 - SUBSTITUTED BY A7905A [S06016 Detail]

Download: New_York-2017-S06016-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6016--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 10, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the general obligations law, in relation to a parent  or
          guardian naming a caregiver as a person in parental relation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 5-1551 of the general obligations law, as added  by
     2  chapter 119 of the laws of 2005, is amended to read as follows:
     3    §  5-1551. Power of parent to designate a person in parental relation.
     4  A parent of a minor or incapacitated person may designate another person
     5  as a person in parental relation to such minor or  incapacitated  person
     6  pursuant  to  sections  twenty-one  hundred  sixty-four  and twenty-five
     7  hundred four of the public health law and sections  two  and  thirty-two
     8  hundred  twelve  of  the  education law for a period not exceeding [six]
     9  twelve months provided that there is no prior order of any court in  any
    10  jurisdiction  currently  in  effect that would prohibit such parent from
    11  himself or  herself  exercising  the  same  or  similar  authority,  and
    12  provided  further, that, in the case where a court has ordered that both
    13  parents must agree on education or health decisions regarding the child,
    14  a designation pursuant to this subdivision shall  not  be  valid  unless
    15  both  parents  have  consented thereto. Such designation shall be in the
    16  form prescribed by section 5-1552 of this title, and may be presented to
    17  any school, health care provider  or  health  plan  that  requires  such
    18  designation by either the parent or the designee.
    19    §  2.  Subdivision 1 of section 5-1552 of the general obligations law,
    20  as added by chapter 119 of the laws of  2005,  is  amended  to  read  as
    21  follows:
    22    1.  Designations  in  general.  A  designation of a person in parental
    23  relation pursuant to this title shall be in writing and  shall  include:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11432-02-7
        S. 6016--A                          2
     1  the name of the parent, the name of the designee, the name of each minor
     2  or  incapacitated  person with respect to whom such designation is made,
     3  the parent's signature, and the date of such signature. The  designation
     4  may  specify  a  period  of time less than [six] twelve months for which
     5  such designation shall be valid unless earlier revoked  by  such  parent
     6  pursuant  to section 5-1554 of this title, provided that any designation
     7  specifying a period of more than thirty days shall also conform  to  the
     8  provisions of subdivision two of this section.
     9    §  3.  Subdivision 3 of section 5-1552 of the general obligations law,
    10  as added by chapter 119 of the laws of  2005,  is  amended  to  read  as
    11  follows:
    12    3.  Designations  not  specifying  a time period. If no time period is
    13  specified in a designation, it shall be valid until the earlier of revo-
    14  cation or the expiration of thirty days from the date  of  signature  if
    15  the  designation  does  not  meet the requirements of subdivision two of
    16  this section, or [six] twelve months from the date of commencement spec-
    17  ified therein if the designation meets the requirements  of  subdivision
    18  two of this section.
    19    § 4. This act shall take effect immediately.