S 7460: Directs the commissioner of health to establish at least 4 maternal-infant care centers in areas of need for infants suffering from drug withdrawal as a result of in utero exposure.

  
  STATE OF NEW YORK ________________________________________________________________________ 7460 2025-2026 Regular Sessions  IN SENATE April 17, 2025 ___________ Introduced by Sens. RIVERA, ASHBY, BROUK, HINCHEY, MAY, PARKER, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the social services law and the family court act, in relation to establishing the maternal-infant care centers pilot program; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2509-e to read as follows: 3 § 2509-e. Maternal-infant care centers pilot program. There shall be 4 established a maternal-infant care centers pilot program whereby the 5 commissioner, in consultation with the commissioner of addiction 6 services and supports, shall certify or designate at least four mater- 7 nal-infant care centers in areas of need in the state. Such centers 8 shall provide cost effective, necessary services and enhance the quality 9 of care for targeted populations in order to demonstrate the effective- 10 ness of such program. Eligible infants shall be under one year of age 11 and be experiencing withdrawal resulting from in utero exposure due to 12 substance use disorder. Such infant withdrawal may be the result of 13 conditions including, but not limited to, neonatal abstinence syndrome 14 or neonatal opioid withdrawal syndrome. The program shall provide more 15 appropriate settings and cost effective care for these infants than 16 hospitals, while also providing supports and services to parents prepar- 17 ing to bring their infants home. Access to such supports shall continue 18 for a period after the infant has left a center. The program shall 19 implement evidence-based clinically appropriate practices shown to 20 reduce the length of stay when compared to standard neonatal intensive 21 care unit care, and support family unification when appropriate for the 22 family receiving services. The evidence-based practices shall include, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11687-01-5 
 S. 7460 2 1 but not be limited to, rooming-in, encouraging breastfeeding, providing 2 trauma-informed care to the parent-infant dyad, and evaluating the 3 social determinants of health. Neither a diagnosis of neonatal absti- 4 nence syndrome or neonatal opioid withdrawal syndrome, nor admission to 5 a maternal-infant care center, shall by itself constitute evidence of 6 child abuse or maltreatment, or, by itself, justify a report to the 7 state central register of child abuse and maltreatment. 8 The department shall be responsible for monitoring the quality, appro- 9 priateness and effectiveness of the centers and shall report to the 10 legislature within one year of the establishment of the maternal-infant 11 care centers and again within two years of the effective date of this 12 section on the program's effectiveness. 13 § 2. Section 420 of the social services law is amended by adding a new 14 subdivision 3 to read as follows: 15 3. No penalties for failure to report, either criminal or civil, 16 shall apply to individuals who are mandated reporters pursuant to 17 section four hundred thirteen of this title and who do not report 18 suspected abuse or maltreatment based only upon a diagnosis of neonatal 19 abstinence syndrome or neonatal opioid withdrawal syndrome, or admission 20 to a maternal-infant care center established pursuant to section twen- 21 ty-five hundred nine-e of the public health law, in the absence of any 22 other grounds to suspect abuse or maltreatment. 23 § 3. Subparagraph (B) of paragraph (i) of subdivision (f) of section 24 1012 of the family court act, as amended by chapter 984 of the laws of 25 1981, is amended to read as follows: 26 (B) in providing the child with proper supervision or guardianship, by 27 unreasonably inflicting or allowing to be inflicted harm, or a substan- 28 tial risk thereof, including the infliction of excessive corporal 29 punishment; or by misusing a drug or drugs; or by misusing alcoholic 30 beverages to the extent that [he] such parent or other person legally 31 responsible loses self-control of [his] their actions; or by any other 32 acts of a similarly serious nature requiring the aid of the court; 33 provided, however, that where the respondent is voluntarily and regular- 34 ly participating in a rehabilitative program, including but not limited 35 to a program offered at a maternal-infant care center established pursu- 36 ant to section twenty-five hundred nine-e of the public health law, 37 evidence that the respondent has repeatedly misused a drug or drugs or 38 alcoholic beverages to the extent that [he] such parent or other person 39 legally responsible loses self-control of [his] their actions shall not 40 establish that the child is a neglected child in the absence of evidence 41 establishing that the child's physical, mental or emotional condition 42 has been impaired or is in imminent danger of becoming impaired as set 43 forth in paragraph (i) of this subdivision; or 44 § 4. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law, and shall expire and be deemed repealed 4 46 years after such date. Effective immediately, the addition, amendment 47 and/or repeal of any rule or regulation necessary for the implementation 48 of this act on its effective date are authorized to be made and 49 completed on or before such effective date.