New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 3 - Article 2 - Family Court

MEDICAL EXAMINATIONS AND TREATMENT

Section Description
231 Jurisdiction over mentally retarded children.
232 Jurisdiction over children with physical disabilities.
233 Medical services.
234 Compensation and liability for support and care in counties outside the city of New York.
235 Compensation and liability for support and care in counties within the city of New York.
236 Powers of the family court with regard to certain handicapped children.
  S 231. Jurisdiction  over  mentally  retarded  children. If it shall
  appear to the court that any child within its jurisdiction  is  mentally
  retarded,  the  court may cause such child to be examined as provided in
  the mental hygiene law and if found to be mentally retarded  as  therein
  defined, may commit such child in accordance with the provisions of such
  law.

  S 232. Jurisdiction over children with physical disabilities. (a) The
  family court has jurisdiction over children with physical disabilities.
    (b) "Child with physical disabilities" means a person under twenty-one
  years of age who, by reason of a physical disability, whether congenital
  or acquired by accident, injury or disease, is or may be expected to  be
  totally  or  partially  incapacitated  for education or for remunerative
  occupation, as  provided  in  the  education  law,  or  has  a  physical
  disability,  as provided in section two thousand five hundred eighty-one
  of the public health law.
    (c) (1) Whenever a parent or other person  who  has  been  ordered  to
  contribute to the cost of medical service authorized pursuant to section
  two thousand five hundred eighty-two of the public health law refuses to
  or  fails  to  make  such  contribution,  the health commissioner or the
  medical director of the program for children with physical disabilities,
  as the case may be, may institute a proceeding in the  family  court  to
  compel  such  contribution.  In any case where an order has been granted
  pursuant to section 556-18.0 or section  17-121  of  the  administrative
  code  of  the  city  of  New  York  the  department of health, under the
  conditions specified in such section, may institute a proceeding in  the
  family  court to compel the parents of a child for whom care, treatment,
  appliances or devices have been ordered pursuant  to  such  section,  or
  other  persons  legally  chargeable  with  the support of such child, to
  contribute  such  portion  of  the  expense  of  such  care,  treatment,
  appliances  or  devices  as  may be just, by payments in installments or
  otherwise.
    (2) A parent or other person who has been ordered by the  commissioner
  of  health  of  a  county  or  part-county  health district, the medical
  director of a county program for children with physical disabilities, or
  the department of health of the city of New York, to contribute  to  the
  cost  of  medical  service  authorized  under  section two thousand five
  hundred eighty-two of the public health law,  may  petition  the  family
  court  to  review  such  order  and determine the extent, if any, of his
  financial liability. In any such proceeding,  the  court  may  by  order
  require such parent or other person to pay part or all of the expense of
  such  service in a lump sum or in such weekly or monthly installments as
  the court may decide.

  S 233. Medical services. Whenever a child within the jurisdiction of
  the court appears to the court to  be  in  need  of  medical,  surgical,
  therapeutic, or hospital care or treatment, a suitable order may be made
  therefor.

  S 234. Compensation  and  liability for support and care in counties
  outside the city of New York. (a) Whenever a child is  detained,  placed
  or  committed  under the provisions of this act to an authorized agency,
  or to any person other than his parent and  is  retained  in  accordance
  with  the  rules  of the state board of social welfare, compensation for
  his  care  and  maintenance  shall  be  a  charge  on  the  county.  The
  compensation  paid  by  the county for care and maintenance of the child
  may be charged back to a city or town in the county in  accordance  with
  and  to  the  extent  permitted by the provisions of the social services
  law.  All bills for such care and maintenance to  be  paid  from  public
  funds shall be paid by the county treasurer from moneys appropriated for
  public  assistance  and  care  in the county social services district by
  warrant of the commissioner of social services.
    (b) The court may, after issuance and service  of  an  order  to  show
  cause  upon  the parent or other person having the duty under the law to
  support such child, adjudge that such parent or other person  shall  pay
  to  the  court such sum as will cover in whole or in part the support of
  such child, and willful failure to pay such sum may, in  the  discretion
  of  the  court,  be punished as for a criminal contempt of court. When a
  person liable to such payment on order, as herein  provided,  is  before
  the  court  in the proceeding relating to the commitment or placement, a
  formal order to show cause may be dispensed with in  the  discretion  of
  the court.
    (c)  (i)  The  social  services  district  from  which  the detention,
  placement or commitment is made shall be entitled to  be  reimbursed  by
  another  social  services  district  for  its  expenditures for care and
  maintenance of the child, if, and to the extent that, it would have been
  entitled to be reimbursed therefor by such other district had  the  care
  been  provided  under  and  pursuant  to  the  provisions  of the social
  services law. The commissioner of social services of the social services
  district from which the commitment was made may enforce  repayment  from
  the  other social services district in accordance with the provisions of
  the social services law.
    (ii) In accordance with the provisions of the social services law  and
  the  rules  and  regulations  of the state department of social services
  relating to state  charges,  and  from  funds  available  to  the  state
  department  of  social  services therefor, the state shall reimburse the
  social services district for the full cost of care  and  maintenance  of
  the  child,  in  the event the child is a state charge as defined by the
  social services law.

    S 235. Compensation  and  liability for support and care in counties
  within the city of New  York.  (a)  Upon  the  detention,  placement  or
  commitment of a child by the family court in a county within the city of
  New  York  to  a  public  or  private  institution  other than a shelter
  maintained and conducted by a society for the prevention of  cruelty  to
  children,  the  department  of  social  services of the city of New York
  shall investigate the ability of the  parent  of  the  child,  or  other
  person  legally  chargeable,  to  contribute  in whole or in part to the
  expense incurred by the city of New York on account of  the  maintenance
  of such child.
    (b) If in the opinion of the department of social services such parent
  or  legal  custodian  is  able  to  contribute  in  whole or in part the
  commissioner of social services shall thereupon institute  a  proceeding
  in  the  family court to compel such parent or person legally chargeable
  to contribute such portion of such expense on account of maintenance  of
  such child as shall be proper and just.

    S 236. Powers of the family court with regard to certain handicapped
  children. 1. This section shall apply  for:  (a)  services  provided  to
  children  with  handicapping conditions as defined in subdivision one of
  section forty-four hundred  one  of  the  education  law  who  were  not
  eligible,  prior  to  September  first, nineteen hundred eighty-six, for
  educational  services  during  July  and  August  pursuant  to   article
  seventy-three, eighty-five, eighty-seven, eighty-eight or eighty-nine of
  the   education   law;  (b)  for  services  provided  to  children  with
  handicapping conditions who meet all the criteria of subdivision one  of
  section  forty-four  hundred  one  of the education law except that such
  children are under the age of five and are not entitled to attend public
  schools without the payment of tuition pursuant  to  section  thirty-two
  hundred  two  of  the  education law and that such children are also not
  eligible for educational services  pursuant  to  article  seventy-three,
  eighty-five,  eighty-seven, eighty-eight or eighty-nine of the education
  law; (c) for services provided to children with handicapping  conditions
  who  meet  all  the  criteria  of  subdivision one of section forty-four
  hundred one of the education law except  that  such  children  are  five
  years  of  age  or  under  and:  (i) are first eligible to attend public
  school  in  the  nineteen  hundred  eighty-seven--eighty-eight  or   the
  nineteen  hundred  eighty-eight--eighty-nine  school  year  but  are not
  eligible for educational services pursuant to the education  law  during
  the months of July and August, nineteen hundred eighty-seven or nineteen
  hundred  eighty-eight,  or  (ii)  are  not  eligible to commence a state
  appointment   pursuant   to   article   eighty-five,   eighty-seven   or
  eighty-eight  of the education law during the months of July and August;
  (d)   for   services    provided    during    the    nineteen    hundred
  eighty-nine--ninety   school   year,   pursuant  to  the  provisions  of
  subdivision six of section forty-four hundred ten of the education  law;
  (e)  for  services  provided  prior  to  July  first,  nineteen  hundred
  ninety-one to children with handicapping conditions who met the criteria
  of subdivision one of section forty-four hundred one  of  the  education
  law  except  that such children were three years of age or under and (i)
  were not eligible for services pursuant to  section  forty-four  hundred
  ten  of such law, or (ii) were not eligible for services through a state
  appointment   pursuant   to   article   eighty-five,   eighty-seven   or
  eighty-eight of such law; and (f) for services provided on or after July
  first,   nineteen  hundred  ninety-one  to  children  with  handicapping
  conditions  who  meet  the  criteria  of  subdivision  one  of   section
  forty-four  hundred  one  of the education law except that such children
  are three years of age or under and (i) are not  eligible  for  services
  pursuant to section forty-four hundred ten of such law, or who are first
  eligible  for services pursuant to such section whose parents or persons
  in parental relationship elect to have them continue to be  eligible  to
  receive services pursuant to this section through August thirty-first of
  the  calendar  year  in  which  the  child  turns  three or (ii) are not
  eligible for services through a state appointment  pursuant  to  article
  eighty-five,  eighty-seven or eighty-eight of such law. (f) for services
  provided to children with handicapping conditions who meet the  criteria
  of  subdivision  one  of section forty-four hundred one of the education
  law and who, on or before June thirtieth, nineteen hundred ninety-three,
  are receiving services or  who,  as  of  July  first,  nineteen  hundred
  ninety-three,  have  petitioned  for  services  pursuant to this section
  prior to such date and which complete petition has not been denied prior
  to October first, nineteen hundred ninety-three  and  whose  parent  has
  elected to continue the provision of such services until the child is no
  longer  an eligible child under title II-A of article twenty-five of the
  public health law or  is  eligible  for  services  pursuant  to  section

  forty-four  hundred  ten  of  the education law. (g) Notwithstanding any
  other provision of this  section,  this  section  shall  not  apply  for
  services  to  children  who  were  not  receiving services prior to July
  first, nineteen hundred ninety-three, or who, as of July first, nineteen
  hundred  ninety-three, have petitioned for services prior to July first,
  nineteen hundred ninety-three  and  whose  complete  petition  has  been
  denied prior to October first, nineteen hundred ninety-three.
    2. Whenever such a child within the jurisdiction of the court pursuant
  to  this  section  appears  to  the  court  to  be  in  need  of special
  educational services as provided in section forty-four  hundred  six  of
  the  education  law, including transportation, tuition or maintenance, a
  suitable order may be made for the education of such child in its  home,
  a  hospital,  or  other  suitable institution, and the expenses thereof,
  when approved by the court and duly audited, shall be a charge upon  the
  county or the city of New York thereof wherein the child is domiciled at
  the time application is made to the court for such order.
    3.  (a)  Every  such order for services to be provided after September
  first, nineteen hundred eighty-six which provides for the transportation
  of a child shall further  require  that  such  transportation  shall  be
  provided by the county or the city of New York, as the case may be, and,
  that  the  city  of  New York may delegate the authority to provide such
  transportation to the board of education or the city school district  of
  such city.
    (b) Such order shall further require that such transportation shall be
  provided within thirty days of the issuance of such order, and, shall be
  provided  as  part  of  a  municipal cooperation agreement, as part of a
  contract awarded to the lowest responsible bidder in accordance with the
  provisions of section one hundred three of the general municipal law, or
  as part of a contract awarded pursuant to an evaluation of proposals  to
  the  extent  authorized by paragraphs e and f of subdivision fourteen of
  section three hundred five of the education law and otherwise consistent
  with the provisions of this subdivision, and  that  buses  and  vehicles
  utilized  in  the  performance  of  such contract shall meet the minimum
  requirements for school age children as established by the  commissioner
  of transportation.

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