Section 232. Jurisdiction over children with physical disabilities  


Latest version.
  • (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.