S T A T E O F N E W Y O R K
________________________________________________________________________
6327
I N S E N A T E
January 14, 2014
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the definition
of "abused child"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 4-b of section 371 of the social services law,
2 as added by chapter 782 of the laws of 1971, the opening paragraph as
3 amended by chapter 518 of the laws of 1977, is amended to read as
4 follows:
5 4-b. "Abused child" means a child less than eighteen years of age
6 whose parent or other person legally responsible for his care
7 (i) inflicts or allows to be inflicted upon such child physical injury
8 by other than accidental means which causes or creates a substantial
9 risk of death, or serious or protracted disfigurement, or protracted
10 impairment of physical or emotional health or protracted loss or impair-
11 ment of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
12 CONDITION OR SUBSTANTIAL PAIN, or
13 (ii) creates or allows to be created a substantial risk of physical
14 injury to such child by other than accidental means which would be like-
15 ly to cause death or serious or protracted disfigurement, or protracted
16 impairment of physical or emotional health or protracted loss or impair-
17 ment of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
18 CONDITION OR SUBSTANTIAL PAIN, or
19 (iii) commits, or allows to be committed, an act of sexual abuse
20 against such child as defined in the penal law[.], OR
21 (IV) ALLOWS, PERMITS OR ENCOURAGES SUCH CHILD TO ENGAGE IN ANY ACT
22 DESCRIBED IN SECTIONS 230.25, 230.30 AND 230.32 OF THE PENAL LAW, OR
23 (V) COMMITS ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25, 255.26 AND
24 255.27 OF THE PENAL LAW, OR
25 (VI) ALLOWS SUCH CHILD TO ENGAGE IN ACTS OR CONDUCT DESCRIBED IN ARTI-
26 CLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW PROVIDED, HOWEVER, THAT (A)
27 THE CORROBORATION REQUIREMENTS CONTAINED IN THE PENAL LAW AND (B) THE
28 AGE REQUIREMENT FOR THE APPLICATION OF ARTICLE TWO HUNDRED SIXTY-THREE
29 OF SUCH LAW SHALL NOT APPLY TO PROCEEDINGS UNDER THIS ARTICLE.
30 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13167-02-3