New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
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. Top of Page
Index | Article 1 |
Article 2 | Article 3 |
Article 4 | Article 5 |
Article 5A | Article 5B |
Article 6 | Article 7 |
Article 8 | Article 9 |
Article 10 | Article 10A |
Article 10B | Article 10C |
Article 11 | Article 12
The laws of the State of New York are consistently amended, repealed and/or entirely rewritten. This site strives to publish the current laws; however, official reporters should be consulted for the most up-to-date statutory language. No warranties, express or implied, or representations as to the accuracy of content on this website are made. This website and its owners assume no liability or responsibility for any error or omission in the information contained in the website or the operation of the website.