- Consolidated Laws - Family Court
PART 3
MEDICAL EXAMINATIONS AND TREATMENT
Section 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. (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; and (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 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 or 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 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.
