Current through 2024 NY Law Chapter 456
Section 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.N.Y. Family Court Law § 232