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A02325 Summary:

BILL NO    A02325 

SAME AS    SAME AS S05144

SPONSOR    Paulin (MS)

COSPNSR    Wright, Scarborough, Heastie, Pretlow, Gunther, Rosenthal, Hooper,
           Galef, Clark, Jaffee, Schimminger, Zebrowski, Abbate, Weisenberg,
           Kellner, Kavanagh, Robinson

MLTSPNSR   Benedetto, Cahill, Dinowitz, Englebright, Farrell, Gottfried, Hevesi,
           Lupardo, Magee, Markey, Millman, Ortiz, Perry, Schimel, Sweeney

Amd SS1012, 1039-b, 1041, 1044, 1055 & 1089, add SS1031-a & 1051-a, Fam Ct Act;
amd SS352, 352-a, 371, 372, 384-b & 372-g, add Art 6 Title 1 S392-a, Soc Serv L

Relates to procedures, petitions and special provisions regarding abandoned
infants; defines abandoned infant; sets forth preliminary procedures; and
provides for sustaining or dismissing a petition alleging a child is an
abandoned infant.
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A02325 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2325

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 14, 2013
                                      ___________

       Introduced  by  M.  of A. PAULIN, WRIGHT, SCARBOROUGH, HEASTIE, PRETLOW,
         GUNTHER, ROSENTHAL, HOOPER, GALEF, CLARK, JAFFEE, SCHIMMINGER, ZEBROW-
         SKI,  ABBATE,  WEISENBERG,  KELLNER,  MAISEL,  KAVANAGH,  ROBINSON  --
         Multi-Sponsored  by -- M. of A.  BENEDETTO, BOYLAND, CAHILL, DINOWITZ,
         ENGLEBRIGHT, FARRELL, GOTTFRIED,  HEVESI,  V. LOPEZ,  LUPARDO,  MAGEE,
         MARKEY,  MILLMAN, ORTIZ, SCHIMEL, SWEENEY -- read once and referred to
         the Committee on Judiciary

       AN ACT to amend the family court act and the  social  services  law,  in
         relation to abandoned infants

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Paragraph (ii) of subdivision (f) and subdivision  (j)  of
    2  section  1012 of the family court act, paragraph (ii) of subdivision (f)
    3  as amended by chapter 666 of the laws of 1976  and  subdivision  (j)  as
    4  amended  by  section  3  of part B of chapter 3 of the laws of 2005, are
    5  amended and a new subdivision (l) is added to read as follows:
    6    (ii) who has been abandoned, in accordance  with  the  definition  and
    7  other  criteria  set  forth in subdivision five of section three hundred
    8  eighty-four-b of the social services law, by his parents or other person
    9  legally responsible for his care, BUT SHALL  NOT  INCLUDE  AN  ABANDONED
   10  INFANT AS DEFINED IN SUBDIVISION (L) OF THIS SECTION.
   11    (j)  "Aggravated  circumstances"  means  where a child has been either
   12  severely or repeatedly  abused,  as  defined  in  subdivision  eight  of
   13  section three hundred eighty-four-b of the social services law; or where
   14  a child has subsequently been found to be an abused child, as defined in
   15  paragraph  (i)  or (iii) of subdivision (e) of this section, within five
   16  years after return home following placement in foster care as  a  result
   17  of being found to be a neglected child, as defined in subdivision (f) of
   18  this section, provided that the respondent or respondents in each of the
   19  foregoing  proceedings  was  the same; or where the court finds by clear
   20  and convincing evidence that the parent of a child in  foster  care  has

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03201-01-3
       A. 2325                             2

    1  refused  and has failed completely, over a period of at least six months
    2  from the date of removal, to engage in services necessary  to  eliminate
    3  the  risk  of abuse or neglect if returned to the parent, and has failed
    4  to secure services on his or her own or otherwise adequately prepare for
    5  the  return  home  and,  after  being informed by the court that such an
    6  admission could eliminate the requirement that the local  department  of
    7  social services provide reunification services to the parent, the parent
    8  has  stated  in  court  under oath that he or she intends to continue to
    9  refuse such necessary services and is unwilling to secure such  services
   10  independently   or  otherwise  prepare  for  the  child's  return  home;
   11  provided, however, that if the court finds that  adequate  justification
   12  exists  for  the failure to engage in or secure such services, including
   13  but not limited to a lack of child care, a lack of  transportation,  and
   14  an  inability  to  attend  services that conflict with the parent's work
   15  schedule, such failure shall not constitute an aggravated  circumstance;
   16  or where a court has determined a child [five] THIRTY days old or young-
   17  er was abandoned by a parent with an intent to wholly abandon such child
   18  and  with  the  intent  that  the child be safe from physical injury and
   19  cared for in an appropriate manner.
   20    (L) "ABANDONED INFANT" MEANS A CHILD WHO HAS BEEN LEFT BY HIS  OR  HER
   21  PARENT  WHEN  THIRTY DAYS OLD OR YOUNGER, IN A MANNER THAT INDICATED THE
   22  PARENT'S INTENT TO WHOLLY ABANDON SUCH CHILD BY RELINQUISHING AND  FORE-
   23  GOING  RESPONSIBILITY  FOR  AND  RIGHTS  TO THE CARE AND CUSTODY OF SUCH
   24  CHILD WITH THE INTENT THAT THE CHILD BE SAFE FROM  PHYSICAL  INJURY  AND
   25  CARED FOR IN AN APPROPRIATE MANNER.
   26    S 2. The family court act is amended by adding a new section 1031-a to
   27  read as follows:
   28    S  1031-A.  ABANDONED INFANTS, PRELIMINARY PROCEDURE. (A) UPON RECEIPT
   29  OF NOTICE THAT A CHILD WHO APPEARS TO BE AN ABANDONED  INFANT  HAS  BEEN
   30  FOUND  IN  THE  JURISDICTION  OF THE LOCAL SOCIAL SERVICES DISTRICT, THE
   31  LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL IMMEDIATELY TAKE  PROTECTIVE
   32  CUSTODY  OF  THE  CHILD  PURSUANT TO SECTION ONE THOUSAND TWENTY-FOUR OF
   33  THIS ARTICLE UNTIL FURTHER ORDER OF THE COURT.
   34    (B) A PROCEEDING TO DETERMINE WHETHER A CHILD IS AN  ABANDONED  INFANT
   35  PURSUANT TO SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF THIS ARTI-
   36  CLE  SHALL  BE COMMENCED BY SUCH LOCAL COMMISSIONER FORTHWITH. THE PETI-
   37  TION FOR SUCH PROCEEDING SHALL:
   38    (I) ALLEGE THE LOCATION AND DATE OF AND THE CIRCUMSTANCES BY WHICH  IT
   39  IS ALLEGED THAT THE CHILD WAS ABANDONED; AND
   40    (II)  ALLEGE  THAT  UPON INFORMATION AND BELIEF, THE CHILD IN QUESTION
   41  WAS THIRTY DAYS OLD OR YOUNGER WHEN FOUND.
   42    (C) THE COURT UPON RECEIPT OF THE PETITION SHALL APPOINT  AN  ATTORNEY
   43  FOR THE CHILD TO REPRESENT THE CHILD ALLEGED TO BE AN ABANDONED INFANT.
   44    (D)  IF THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, THE COURT
   45  UPON RECEIPT OF THE PETITION SHALL HOLD A HEARING TO  DETERMINE  WHETHER
   46  THE  CHILD  APPEARS  TO HAVE BEEN ABANDONED IN ACCORDANCE WITH THE DEFI-
   47  NITION OF ABANDONED INFANT PROVIDED IN SUBDIVISION (1)  OF  SECTION  ONE
   48  THOUSAND TWELVE OF THIS ARTICLE.
   49    (I) AT SUCH HEARING, IF THE COURT DETERMINES THAT THE CIRCUMSTANCES OF
   50  THE  ABANDONMENT  MEET THE DEFINITION OF ABANDONED INFANT IN SUBDIVISION
   51  (1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, THE COURT SHALL:
   52    (A) ORDER THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL NOT  BE
   53  REQUIRED  TO  COMMENCE A DILIGENT SEARCH TO LOCATE THE PARENT OR PARENTS
   54  OR OTHER RELATIVES OF THE CHILD; AND
   55    (B) REQUIRE THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CAUSE  NOTICE
   56  OF  THE  PROCEEDING TO BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF
       A. 2325                             3

    1  SUBDIVISION (A) OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE  LAW
    2  AND  RULES IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND, AT LEAST ONCE IN
    3  EACH OF THREE SUCCESSIVE WEEKS. SERVICE BY PUBLICATION  IS  COMPLETE  ON
    4  THE TWENTY-FIRST DAY AFTER THE DAY OF THE FIRST PUBLICATION.  THE NOTICE
    5  SHALL STATE:
    6    (1) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
    7    (2) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND;
    8    (3)  A  DESCRIPTION  OF  THE  INFANT INCLUDING ITS APPROXIMATE DATE OF
    9  BIRTH;
   10    (4) THAT UPON FAILURE OF THE PARENT TO APPEAR, THE CHILD MAY BE DEEMED
   11  AN ABANDONED INFANT PURSUANT TO SUBDIVISION (L) OF SECTION ONE  THOUSAND
   12  TWELVE  OF  THIS  ARTICLE  AND  PLACED  INTO THE CARE AND CUSTODY OF THE
   13  COMMISSIONER OF THE LOCAL  SOCIAL  SERVICES  DISTRICT  IN  THE  PARENT'S
   14  ABSENCE; AND
   15    (5)  THE  NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
   16  BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR  INFORMATION
   17  REGARDING SUCH CHILD.
   18    (II)  IN  DETERMINING  WHETHER  REMOVAL OR CONTINUING THE REMOVAL OF A
   19  CHILD IS NECESSARY TO AVOID IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH,
   20  THE COURT SHALL CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION
   21  IN THE CHILD'S HOME WOULD BE CONTRARY TO THE BEST INTERESTS OF THE CHILD
   22  AND WHERE APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE
   23  DATE OF THE HEARING HELD UNDER THIS SUBDIVISION TO PREVENT OR  ELIMINATE
   24  THE  NEED  FOR  REMOVAL OF THE CHILD FROM THE HOME AND, IF THE CHILD WAS
   25  REMOVED FROM HIS OR HER HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER
   26  THIS SUBDIVISION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS  WERE  MADE
   27  TO  MAKE  IT POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME.  IF THE COURT
   28  DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR ELIMINATE THE NEED  FOR
   29  REMOVAL  OF  THE  CHILD FROM THE HOME WERE NOT MADE BUT THAT THE LACK OF
   30  SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUMSTANCES,  THE  COURT  ORDER
   31  SHALL INCLUDE SUCH A FINDING.
   32    (E)  IF  A PERSON CLAIMING TO BE A PARENT OF THE CHILD IN QUESTION WHO
   33  IS ALLEGED TO BE AN ABANDONED INFANT, COMES FORWARD, THE  LOCAL  COMMIS-
   34  SIONER OF SOCIAL SERVICES SHALL:
   35    (I) PROVIDE WRITTEN NOTIFICATION TO THE COURT AND THE ATTORNEY FOR THE
   36  CHILD FORTHWITH; AND
   37    (II) CAUSE A TEST TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY OF
   38  THE  PERSONS  CLAIMING  TO BE THE MOTHER OR FATHER OF THE CHILD IN QUES-
   39  TION; AND IF MATERNITY OR PATERNITY IS CONFIRMED, NOTIFY THE COURT WHICH
   40  SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE OF SECTION  ONE
   41  THOUSAND  THIRTY-FOUR OF THIS PART. THE EXISTING ORDER OF CUSTODY OF THE
   42  CHILD TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL CONTINUE  PEND-
   43  ING THE RESULT OF THE INVESTIGATION.
   44    (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
   45  ONE  THOUSAND  TWELVE  OF  THIS  ARTICLE TO FILE A PETITION TO DETERMINE
   46  ABUSE OR NEGLECT PURSUANT TO SECTION ONE  THOUSAND  THIRTY-ONE  OF  THIS
   47  PART, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE SUCH PETITION
   48  WITHIN  THREE  COURT  DAYS  OF  THE COMPLETION OF THE INVESTIGATION. THE
   49  PARENT OR PARENTS SHALL BE INFORMED OF THE DATE AND THE  TIME  THAT  THE
   50  PETITION  SHALL  BE  FILED,  THE ADDRESS OF THE COURT WHERE THE PETITION
   51  SHALL BE FILED, OF THE RIGHT OF THE PARENT TO BE PRESENT AT ANY  HEARING
   52  HELD  THEREON  AND  OF THE RIGHT TO BE REPRESENTED BY COUNSEL, INCLUDING
   53  PROCEDURES FOR OBTAINING COUNSEL IF INDIGENT. UPON SUCH FILING, A  HEAR-
   54  ING  PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN OF THIS ARTICLE SHALL
   55  BE HELD FORTHWITH.
       A. 2325                             4

    1    (B) IF NO SUCH GROUNDS EXIST, THE COURT SHALL DISMISS THE PETITION AND
    2  ORDER THAT THE CHILD BE RETURNED TO HIS OR HER PARENT OR PARENTS.
    3    S  3.  Subdivision  (a)  of section 1039-b of the family court act, as
    4  added by chapter 7 of the laws of 1999, is amended to read as follows:
    5    (a) In conjunction with, or at any time subsequent to, the filing of a
    6  petition under section [ten hundred] ONE  THOUSAND  thirty-one  of  this
    7  [chapter]  PART,  the  social  services  official may file a motion upon
    8  notice requesting a finding that reasonable efforts to return the  child
    9  to his or her home are no longer required.
   10    S  4.  Subdivision  (a)  of  section  1041 of the family court act, as
   11  amended by chapter 1015 of the laws of  1972,  is  amended  to  read  as
   12  follows:
   13    (a)  that  the  parent  or  other  person  legally responsible for the
   14  child's care is present at the hearing and has been served with  a  copy
   15  of  the  petition, UNLESS THE CHILD IS ALLEGED TO BE AN ABANDONED INFANT
   16  PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE, IN  WHICH
   17  EVENT,  THE  PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH (I) OF SUBDIVI-
   18  SION (D) OF SECTION ONE THOUSAND  THIRTY-ONE-A  OF  THIS  ARTICLE  SHALL
   19  APPLY; or
   20    S  5. Section 1044 of the family court act, as added by chapter 962 of
   21  the laws of 1970, is amended to read as follows:
   22    S 1044. Definition of "fact-finding hearing". When used in this  arti-
   23  cle,  "fact-finding  hearing"  means  a hearing to determine whether the
   24  child is an abused or neglected child OR AN ABANDONED INFANT as  defined
   25  by this article.
   26    S 6. The family court act is amended by adding a new section 1051-a to
   27  read as follows:
   28    S  1051-A.  SUSTAINING OR DISMISSING A PETITION ALLEGING A CHILD IS AN
   29  ABANDONED INFANT. (A) AT THE FACT-FINDING HEARING SCHEDULED PURSUANT  TO
   30  SECTION  ONE  THOUSAND  THIRTY-ONE-A  OF  THIS  ARTICLE, THE COURT SHALL
   31  DETERMINE THAT THE CHILD IS AN ABANDONED INFANT AND SUSTAIN THE PETITION
   32  FILED UNDER SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE  IF  FACTS
   33  SUFFICIENT  TO  CONSTITUTE CLEAR AND CONVINCING EVIDENCE ARE ESTABLISHED
   34  TO FIND THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND
   35  THAT THE CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR  HER  PARENT'S
   36  INTENT  TO  WHOLLY  ABANDON  SUCH  CHILD  BY RELINQUISHING AND FOREGOING
   37  RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH
   38  THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED FOR  IN
   39  AN APPROPRIATE MANNER. FOR PURPOSES OF FINDING THAT THE CHILD WAS THIRTY
   40  DAYS  OLD  OR  YOUNGER  WHEN  ABANDONED,  AN AFFIDAVIT OR OTHER OFFICIAL
   41  RECORD OF A DETERMINATION  OF  A  QUALIFIED  HEALTH  CARE  PRACTITIONER,
   42  LICENSED  OR  CERTIFIED  UNDER  TITLE EIGHT OF THE EDUCATION LAW, ACTING
   43  WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE WHO EXAMINED THE  CHILD  THAT
   44  SUCH CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE DATE OF
   45  BIRTH  OF  THE  CHILD,  TO  A REASONABLE DEGREE OF MEDICAL CERTAINTY; AN
   46  AFFIDAVIT OR OFFICIAL RECORD, INCLUDING A  POLICE  REPORT  OR  TESTIMONY
   47  REGARDING  THE  MANNER OF THE ABANDONMENT OF THE CHILD; AND AN AFFIDAVIT
   48  OR OFFICIAL RECORD OF THE RESULT OF THE INQUIRIES MADE TO  THE  PUTATIVE
   49  FATHER REGISTRY AND TO LOCAL LAW ENFORCEMENT OFFICIALS REGARDING A MISS-
   50  ING  PERSON  REPORT, SHALL BE SUFFICIENT EVIDENCE OF THE CHILD'S AGE AND
   51  DATE OF BIRTH AND THE INTENT TO WHOLLY ABANDON THE CHILD.
   52    (B) IF THE COURT SUSTAINS THE PETITION AND FINDS THAT THE CHILD IS  AN
   53  ABANDONED  INFANT, THE COURT SHALL DETERMINE AND FIND AND SHALL STATE IN
   54  ITS ORDER:
   55    (I) THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED TO  A
   56  REASONABLE DEGREE OF MEDICAL CERTAINTY;
       A. 2325                             5

    1    (II)  THE  DATE  THE CHILD WAS BORN, TO A REASONABLE DEGREE OF MEDICAL
    2  CERTAINTY;
    3    (III)  THAT  THE  CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER
    4  PARENT'S INTENT TO WHOLLY ABANDON THE CHILD BY RELINQUISHING AND FOREGO-
    5  ING RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH  CHILD
    6  WITH  THE  INTENT  THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED
    7  FOR IN AN APPROPRIATE  MANNER;
    8    (IV) THAT BASED UPON THE FINDINGS OF PARAGRAPHS (I) AND (III) OF  THIS
    9  SUBDIVISION,  AGGRAVATED CIRCUMSTANCES WITHIN THE MEANING OF SUBDIVISION
   10  (J) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE EXIST; AND
   11    (V) THAT BASED UPON SUCH FINDING OF AGGRAVATED CIRCUMSTANCES,  REASON-
   12  ABLE EFFORTS TO RETURN THE CHILD TO HIS OR HER HOME ARE NOT REQUIRED.
   13    (C)  IF  FACTS  SUFFICIENT TO SUSTAIN THE PETITION ARE NOT ESTABLISHED
   14  DUE TO A DETERMINATION THAT EITHER THE CHILD WAS OLDER THAN THIRTY  DAYS
   15  AT  THE  TIME  OF ABANDONMENT OR THE CHILD IS NOT OTHERWISE AN ABANDONED
   16  INFANT AS PROVIDED IN THIS SECTION, THE COURT SHALL CONVERT THE PETITION
   17  TO A PROCEEDING TO DETERMINE ABUSE OR NEGLECT PURSUANT  TO  SECTION  ONE
   18  THOUSAND  THIRTY-ONE  OF  THIS ARTICLE AND SHALL STATE ON THE RECORD THE
   19  GROUNDS FOR THE CONVERSION.
   20    (I) THE COURT SHALL DETERMINE WHETHER TEMPORARY CUSTODY OF  THE  CHILD
   21  TO  THE  LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES  SHALL CONTINUE UNTIL
   22  FURTHER ORDER OF THE COURT. IN DETERMINING WHETHER REMOVAL OR CONTINUING
   23  THE REMOVAL OF A CHILD IS  NECESSARY  TO  AVOID  IMMINENT  RISK  TO  THE
   24  CHILD'S  LIFE  OR  HEALTH, THE COURT SHALL CONSIDER AND DETERMINE IN ITS
   25  ORDER WHETHER CONTINUATION IN THE CHILD'S HOME WOULD BE CONTRARY TO  THE
   26  BEST  INTERESTS  OF  THE CHILD AND WHERE APPROPRIATE, WHETHER REASONABLE
   27  EFFORTS WERE MADE PRIOR TO THE DATE OF THE HEARING HELD  UNDER  SUBDIVI-
   28  SION (A) OF THIS SECTION TO PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF
   29  THE  CHILD  FROM  THE HOME AND, IF THE CHILD WAS REMOVED FROM HIS OR HER
   30  HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVISION (A) OF THIS
   31  SECTION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS WERE MADE TO MAKE IT
   32  POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME.
   33    (II) IF THE COURT DETERMINES THAT REASONABLE  EFFORTS  TO  PREVENT  OR
   34  ELIMINATE  THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE
   35  BUT THAT THE LACK OF SUCH EFFORTS  WAS  APPROPRIATE  UNDER  THE  CIRCUM-
   36  STANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING.
   37    (D)  AT  THE  CONCLUSION  OF  THE  DISPOSITIONAL HEARING THAT SHALL BE
   38  COMMENCED IMMEDIATELY UPON COMPLETION OF THE FACT-FINDING  HEARING  WHEN
   39  THE  PETITION  HAS  BEEN  SUSTAINED,  THE  COURT SHALL ENTER AN ORDER OF
   40  DISPOSITION:
   41    (I) PLACING THE CHILD IN THE CUSTODY  OF  THE  LOCAL  COMMISSIONER  OF
   42  SOCIAL  SERVICES,  WHO  SHALL MAKE REASONABLE EFFORTS TO PLACE THE CHILD
   43  INTO A PRE-ADOPTIVE HOME, IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION
   44  ONE THOUSAND FIFTY-FIVE OF THIS PART, UPON A DETERMINATION THAT:
   45    (A)  CONTINUATION  IN  THE  CHILD'S HOME WOULD BE CONTRARY TO THE BEST
   46  INTERESTS OF THE CHILD; AND
   47    (B) WHERE THE COURT HAS DETERMINED THAT THE PARENT OF SUCH  CHILD  HAS
   48  SUBJECTED  THE CHILD TO AGGRAVATED CIRCUMSTANCES, AS DEFINED IN SUBDIVI-
   49  SION (J) OF SECTION ONE THOUSAND  TWELVE  OF  THIS  ARTICLE,  REASONABLE
   50  EFFORTS TO PREVENT OR ELIMINATE THE NEED FOR REMOVING THE CHILD FROM THE
   51  HOME  OF THE CHILD OR TO MAKE IT POSSIBLE FOR THE CHILD TO RETURN SAFELY
   52  TO HIS OR HER HOME ARE NOT REQUIRED;
   53    (II) REQUIRING THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO COMMENCE A
   54  PROCEEDING TO COMMIT THE GUARDIANSHIP AND CUSTODY OF SUCH  CHILD  TO  AN
   55  AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE
   56  SOCIAL SERVICES LAW WITHIN SIXTY DAYS; AND
       A. 2325                             6

    1    (III)  IF  THE INITIAL PERMANENCY HEARING HAS NOT BEEN HELD, SETTING A
    2  DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSUANT TO PARAGRAPH ONE
    3  OF SUBDIVISION (B) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT.
    4    S  7.  Paragraph  (i) of subdivision (a) of section 1055 of the family
    5  court act, as amended by section 12 of part G of chapter 58 of the  laws
    6  of 2010, is amended to read as follows:
    7    (i)  For  purposes  of section one thousand fifty-two of this part the
    8  court may place the child in the custody of a relative or other suitable
    9  person pursuant to this article, or of the local commissioner of  social
   10  services or of such other officer, board or department as may be author-
   11  ized to receive children as public charges, or a duly authorized associ-
   12  ation,  agency,  society or in an institution suitable for the placement
   13  of a child. The court may also place a child who it finds to be a  sexu-
   14  ally  exploited  child  as  defined  in  subdivision one of section four
   15  hundred forty-seven-a of the social services law with the local  commis-
   16  sioner  of  social services for placement in an available long-term safe
   17  house. The court may also place the child in the custody  of  the  local
   18  commissioner of social services and may direct such commissioner to have
   19  the  child reside with a relative or other suitable person who has indi-
   20  cated a desire to become a foster  parent  for  the  child  and  further
   21  direct such commissioner, pursuant to regulations of the office of chil-
   22  dren  and  family  services, to commence an investigation of the home of
   23  such relative or other suitable  person  within  twenty-four  hours  and
   24  thereafter  expedite approval or certification of such relative or other
   25  suitable person, if qualified, as a foster parent. If such home is found
   26  to be unqualified for approval or certification, the local  commissioner
   27  shall report such fact to the court forthwith so that the court may make
   28  a  placement  determination  that is in the best interests of the child.
   29  FOR PURPOSES OF SECTION ONE THOUSAND FIFTY-ONE-A OF THIS PART, THE COURT
   30  MAY PLACE THE CHILD IN THE CUSTODY OF THE LOCAL COMMISSIONER  OF  SOCIAL
   31  SERVICES OR OF SUCH OTHER OFFICER, BOARD OR DEPARTMENT AS MAY BE AUTHOR-
   32  IZED TO RECEIVE CHILDREN AS PUBLIC CHARGES, OR A DULY AUTHORIZED ASSOCI-
   33  ATION,  AGENCY,  SOCIETY OR IN AN INSTITUTION SUITABLE FOR THE PLACEMENT
   34  OF A CHILD.
   35    S 8. Paragraph (ii) of subdivision (b) of section 1055 of  the  family
   36  court  act,  as amended by section 18 of part A of chapter 3 of the laws
   37  of 2005, is amended to read as follows:
   38    (ii) (A) Upon placing a child under the age of one, who has been aban-
   39  doned AS DEFINED IN PARAGRAPH (II) OF SUBDIVISION  (F)  OF  SECTION  ONE
   40  THOUSAND  TWELVE  OF  THIS  ARTICLE, with a local commissioner of social
   41  services, the court shall, where either of the  parents  do  not  appear
   42  after  due  notice,  include  in  its  order  of disposition pursuant to
   43  section one thousand fifty-two of  this  part,  a  direction  that  such
   44  commissioner  shall  promptly  commence  a diligent search to locate the
   45  child's non-appearing parent or parents or other known relatives who are
   46  legally responsible for the child,  and  to  commence  a  proceeding  to
   47  commit the guardianship and custody of such child to an authorized agen-
   48  cy  pursuant  to  section  three  hundred  eighty-four-b  of  the social
   49  services law, six months from the date that  care  and  custody  of  the
   50  child  was  transferred to the LOCAL commissioner, unless there has been
   51  communication and visitation between  such  child  and  such  parent  or
   52  parents  or other known relatives or persons legally responsible for the
   53  child. In addition to such diligent search, the  local  commissioner  of
   54  social  services  shall  provide written notice to the child's parent or
   55  parents or other known  relatives  or  persons  legally  responsible  as
   56  provided  for  in  this paragraph. Such notice shall be served upon such
       A. 2325                             7

    1  parent or parents or other known relatives or persons legally  responsi-
    2  ble  in  the  manner required for service of process pursuant to section
    3  six hundred seventeen of this act. Information regarding  such  diligent
    4  search,  including,  but  not  limited to, the name, last known address,
    5  social security number, employer's address  and  any  other  identifying
    6  information  to  the  extent  known  regarding the non-appearing parent,
    7  shall be recorded in the uniform  case  record  maintained  pursuant  to
    8  section four hundred nine-f of the social services law.
    9    (B) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO AN ABANDONED
   10  INFANT,  AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF
   11  THIS ARTICLE.
   12    S 9. Subparagraph (i) of paragraph 1 of  subdivision  (b)  of  section
   13  1089  of  the family court act, as amended by chapter 437 of the laws of
   14  2006, is amended to read as follows:
   15    (i) the child's parent, including any  non-respondent  parent,  unless
   16  the  parental  rights of the parent have been terminated or surrendered,
   17  OR UNLESS THE CHILD HAS BEEN ALLEGED OR FOUND TO BE AN ABANDONED  INFANT
   18  PURSUANT  TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ACT AND THE IDEN-
   19  TITY OF THE PARENT OR PARENTS IS UNKNOWN, and any other  person  legally
   20  responsible for the child's care at the most recent address or addresses
   21  known  to  the  local social services district or agency, and the foster
   22  parent in whose home the child currently resides, each of whom shall  be
   23  a party to the proceeding; and
   24    S  10.  Subdivision  (b)  of  section  1089 of the family court act is
   25  amended by adding two new paragraphs 3 and 4 to read as follows:
   26    (3) IN THE CASE OF A CHILD WHO IS NOT FREE FOR ADOPTION WHO  HAS  BEEN
   27  ALLEGED OR FOUND TO BE AN ABANDONED INFANT PURSUANT TO SECTION ONE THOU-
   28  SAND  THIRTY-ONE-A  OF  THIS  ACT  WHERE  THE  IDENTITY OF THE PARENT OR
   29  PARENTS IS UNKNOWN, THE LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES  SHALL
   30  CAUSE  NOTICE  OF  THE  PERMANENCY HEARING TO BE PUBLISHED IN ACCORDANCE
   31  WITH THE PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL  PRACTICE
   32  LAW  AND  RULES  IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND. THE NOTICE
   33  SHALL STATE:
   34    (I) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
   35    (II) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND;
   36    (III) A DESCRIPTION OF THE INFANT INCLUDING ITS  APPROXIMATE  DATE  OF
   37  BIRTH;
   38    (IV)  THAT UPON FAILURE OF THE PARENT TO APPEAR THE CHILD MAY CONTINUE
   39  TO BE PLACED INTO THE CARE AND CUSTODY OF THE COMMISSIONER OF THE  LOCAL
   40  SOCIAL SERVICES DISTRICT IN THE PARENT'S ABSENCE; AND
   41    (V)  THE  NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
   42  BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR  INFORMATION
   43  REGARDING SUCH CHILD.
   44    (4)  IN  THE  CASE  OF  A CHILD WHO HAS BEEN ALLEGED OR FOUND TO BE AN
   45  ABANDONED INFANT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A  OF  THIS
   46  ACT  BUT  NOT  LATER  THAN  SIX  MONTHS AFTER THE INITIAL PUBLICATION OF
   47  NOTICE OF SUCH PROCEEDING, IF THE MATERNITY OR  PATERNITY  OF  A  PERSON
   48  CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST
   49  TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY,
   50    (I) THE COURT SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE
   51  OF SECTION ONE THOUSAND THIRTY-FOUR OF THIS ACT AND
   52    (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
   53  ONE THOUSAND TWELVE OF THIS ACT TO FILE A PETITION TO DETERMINE ABUSE OR
   54  NEGLECT  PURSUANT  TO  SECTION  ONE THOUSAND THIRTY-ONE OF THIS ACT, THE
   55  LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE  SUCH  PETITION  WITHIN
       A. 2325                             8

    1  THREE  COURT  DAYS.  UPON SUCH FILING, A HEARING PURSUANT TO SECTION ONE
    2  THOUSAND TWENTY-SEVEN OF THIS ACT SHALL BE HELD FORTHWITH; OR
    3    (B) IF THERE ARE NO GROUNDS TO FILE A PETITION PURSUANT TO SECTION ONE
    4  THOUSAND  THIRTY-ONE  OF THIS ACT, THE COURT SHALL HOLD A BEST INTERESTS
    5  HEARING AS TO WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD TO RETURN
    6  THE CHILD TO HIS OR HER HOME OR TO CONTINUE THE  CUSTODY  OF  THE  CHILD
    7  WITH  THE  LOCAL  COMMISSIONER OF SOCIAL SERVICES. EXCEPT FOR GOOD CAUSE
    8  SHOWN SUCH HEARING SHALL COMMENCE WITHIN THREE COURT DAYS.  THE  CUSTODY
    9  OF  THE  CHILD  WITH  THE  LOCAL  COMMISSIONER  OF SOCIAL SERVICES SHALL
   10  CONTINUE PENDING THE RESULT OF THE BEST INTERESTS HEARING;
   11    (II) IF THE CHILD IS FREE FOR ADOPTION, THE COURT  SHALL  ALSO  VACATE
   12  THE ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD.
   13    S  11.  Section  352 of the social services law is amended by adding a
   14  new subdivision 4 to read as follows:
   15    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PARENTS OF AN
   16  ABANDONED INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION  ONE  THOUSAND
   17  TWELVE OF THE FAMILY COURT ACT AND SECTION THREE HUNDRED NINETY-TWO-A OF
   18  THIS CHAPTER.
   19    S  12.  Subdivision  1  of section 352-a of the social services law is
   20  amended by adding a new paragraph (g) to read as follows:
   21    (G) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE  PARENTS  OF
   22  AN  ABANDONED  INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOU-
   23  SAND  TWELVE  OF  THE  FAMILY  COURT  ACT  AND  SECTION  THREE   HUNDRED
   24  NINETY-TWO-A OF THIS CHAPTER.
   25    S  13.  Subdivision  2  of  section 371 of the social services law, as
   26  amended by chapter 666 of the laws of 1976, is amended and a new  subdi-
   27  vision 2-a is added to read as follows:
   28    2. "Abandoned child" means a child under the age of eighteen years who
   29  is  abandoned  by both parents, or by the parent having [its] HIS OR HER
   30  custody, or by any other person or persons lawfully charged  with  [its]
   31  HIS  OR HER care or custody, in accordance with the definition and other
   32  criteria set forth in subdivision five of section three hundred  eighty-
   33  four-b OF THIS TITLE;
   34    2-A. "ABANDONED INFANT" MEANS A CHILD AS DEFINED IN SUBDIVISION (L) OF
   35  SECTION  ONE  THOUSAND  TWELVE OF THE FAMILY COURT ACT AND SECTION THREE
   36  HUNDRED NINETY-TWO-A OF THIS TITLE;
   37    S 14. Paragraph (ii) of subdivision 4-a of section 371 of  the  social
   38  services law, as added by chapter 782 of the laws of 1971, is amended to
   39  read as follows:
   40    (ii)  who  has  been  abandoned  by his OR HER parents or other person
   41  legally responsible for his OR HER care, INCLUDING AN ABANDONED CHILD AS
   42  DEFINED IN SUBDIVISION TWO OR AN ABANDONED INFANT AS DEFINED IN SUBDIVI-
   43  SION TWO-A OF THIS SECTION.
   44    S 15. The opening paragraph and paragraphs (b), (c) and (d) of  subdi-
   45  vision  1  of section 372 of the social services law are amended to read
   46  as follows:
   47    Every court, and every public board, commission, institution, or offi-
   48  cer having powers or charged with duties in relation to abandoned  CHIL-
   49  DREN,  INCLUDING  ABANDONED INFANTS, delinquent, destitute, neglected or
   50  dependent children who shall receive, accept or commit any  child  shall
   51  provide and keep a record showing:
   52    (b)  his  OR HER sex and date and place of birth, if ascertainable, or
   53  his OR HER apparent age AND IN  THE  CASE  OF  AN  ABANDONED  INFANT  AS
   54  DEFINED  IN  SUBDIVISION  TWO-A  OF SECTION THREE HUNDRED SEVENTY-ONE OF
   55  THIS TITLE, THE AFFIDAVIT OR OTHER OFFICIAL RECORD OF THE  DETERMINATION
   56  OF  A  QUALIFIED  HEALTH  CARE PRACTITIONER, LICENSED OR CERTIFIED UNDER
       A. 2325                             9

    1  TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL  SCOPE
    2  OF  PRACTICE  ATTESTING THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER AT
    3  THE TIME OF ABANDONMENT AND THE DATE OF BIRTH OF THE CHILD, TO A REASON-
    4  ABLE DEGREE OF MEDICAL CERTAINTY,
    5    (c) the full and true names and places of birth of his OR HER parents,
    6  and  their  actual residence if living, or their latest known residence,
    7  if deceased or whereabouts unknown and the name and actual residence  of
    8  any  other person having custody of the child, as nearly as the same can
    9  reasonably be ascertained, AND IN THE CASE OF  AN  ABANDONED  INFANT  AS
   10  DEFINED  IN  SUBDIVISION  TWO-A  OF SECTION THREE HUNDRED SEVENTY-ONE OF
   11  THIS TITLE, A CERTIFIED COPY OF THE COURT  ORDER  DETERMINING  THAT  THE
   12  CHILD   WAS  AN  ABANDONED  INFANT  PURSUANT  TO  SECTION  ONE  THOUSAND
   13  FIFTY-ONE-A OF THE FAMILY COURT ACT,
   14    (d) the religious faith of the parents and of the child, IF KNOWN,
   15    S 16. Paragraph (e) of subdivision 3 of section 384-b  of  the  social
   16  services  law,  as  amended  by section 55 of part A of chapter 3 of the
   17  laws of 2005, is amended to read as follows:
   18    (e) (I) A proceeding under this section is originated by a petition on
   19  notice served upon the child's parent or parents, the attorney  for  the
   20  child's  parent  or parents and upon such other persons as the court may
   21  in its discretion prescribe. Such notice shall inform  the  parents  and
   22  such  other  persons  that the proceeding may result in an order freeing
   23  the child for adoption without the consent of or notice to  the  parents
   24  or  such  other  persons.  Such notice also shall inform the parents and
   25  such other persons of their right to the assistance of counsel,  includ-
   26  ing any right they may have to have counsel assigned by the court in any
   27  case  where  they are financially unable to obtain counsel. The petition
   28  shall set forth the names  and  last  known  addresses  of  all  persons
   29  required  to be given notice of the proceeding, pursuant to this section
   30  and section three hundred eighty-four-c of this title, and  there  shall
   31  be  shown by the petition or by affidavit or other proof satisfactory to
   32  the court that there are no persons other than those set  forth  in  the
   33  petition  who  are entitled to notice pursuant to the provisions of this
   34  section or of section three hundred eighty-four-c of  this  title.  When
   35  the  proceeding is initiated in family court service of the petition and
   36  other process shall be made in accordance with the provisions of section
   37  six hundred seventeen of the family court act, and when  the  proceeding
   38  is  initiated  in surrogate's court, service shall be made in accordance
   39  with the provisions of section three hundred seven  of  the  surrogate's
   40  court  procedure act. When the proceeding is initiated on the grounds of
   41  abandonment of a child less than one year of age  at  the  time  of  the
   42  transfer  of  the  care  and  custody  of  such  child to a local social
   43  services official, the court shall take judicial notice  of  efforts  to
   44  locate  the  child's  parents  or other known relatives or other persons
   45  legally responsible pursuant to paragraph (ii)  of  subdivision  (b)  of
   46  section one thousand fifty-five of the family court act.  THE PROVISIONS
   47  OF  THIS  PARAGRAPH SHALL NOT APPLY TO A CHILD DETERMINED TO BE AN ABAN-
   48  DONED INFANT AS DEFINED IN SUBDIVISION TWO-A OF  SECTION  THREE  HUNDRED
   49  SEVENTY-ONE OF THIS TITLE.
   50    (II)  IF  THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, AND THE
   51  CHILD HAS BEEN FOUND TO BE AN ABANDONED INFANT PURSUANT  TO  SUBDIVISION
   52  (L)  OF SECTION ONE THOUSAND TWELVE OR SECTION ONE THOUSAND THIRTY-ONE-A
   53  OF THE FAMILY COURT ACT, THE COURT UPON RECEIPT OF  THE  PETITION  SHALL
   54  REQUIRE  THE  LOCAL  COMMISSIONER  TO  CAUSE  NOTICE  TO BE PUBLISHED IN
   55  ACCORDANCE WITH THE PROVISIONS OF RULE  THREE  HUNDRED  SIXTEEN  OF  THE
       A. 2325                            10

    1  CIVIL  PRACTICE  LAW  AND  RULES  IN  THE COUNTY IN WHICH SUCH CHILD WAS
    2  FOUND, FOR A PERIOD OF AT LEAST THIRTY DAYS. THE NOTICE SHALL STATE:
    3    (A) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
    4    (B)  THE  DATE,  TIME  AND PLACE THAT THE ABANDONED NEWBORN INFANT WAS
    5  FOUND;
    6    (C) A DESCRIPTION OF THE INFANT  INCLUDING  ITS  APPROXIMATE  DATE  OF
    7  BIRTH;
    8    (D) THAT UPON FAILURE TO APPEAR, ALL PARENTAL RIGHTS OF THE PARENTS OF
    9  SUCH ABANDONED NEWBORN INFANT MAY BE TERMINATED;
   10    (E) THAT A PARENT'S FAILURE TO APPEAR SHALL CONSTITUTE A DENIAL OF HIS
   11  OR  HER  INTEREST IN THE CHILD, WHICH DENIAL MAY RESULT, WITHOUT FURTHER
   12  NOTICE, IN THE COMMITMENT OF THE CUSTODY AND GUARDIANSHIP OF  THE  CHILD
   13  TO  THE  LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES  AND  IN  THE CHILD'S
   14  ADOPTION; AND
   15    (F) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE  PERSON  DESIGNATED
   16  BY  THE  LOCAL  COMMISSIONER  TO  CONTACT FOR INFORMATION REGARDING SUCH
   17  CHILD.
   18    (III) AT ANY TIME PRIOR TO OR SUBSEQUENT TO  THE  ENTRY  OF  AN  ORDER
   19  COMMITTING  THE  GUARDIANSHIP  AND CUSTODY OF THE CHILD PURSUANT TO THIS
   20  SECTION BUT NOT LATER THAN SIX MONTHS AFTER THE INITIAL  PUBLICATION  OF
   21  NOTICE  OF  THE PROCEEDING PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A
   22  OF THE FAMILY COURT ACT, IF THE  MATERNITY  OR  PATERNITY  OF  A  PERSON
   23  CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST
   24  TO  BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY, THE PROCEEDING SHALL
   25  BE STAYED PENDING  AN  INVESTIGATION  PURSUANT  TO  SUBDIVISION  ONE  OF
   26  SECTION  ONE  THOUSAND THIRTY-FOUR OF THE FAMILY COURT ACT. WITHIN THREE
   27  COURT DAYS OF THE COMPLETION OF THE INVESTIGATION,
   28    (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
   29  ONE THOUSAND TWELVE OF THE FAMILY COURT ACT TO FILE A PETITION TO DETER-
   30  MINE ABUSE OR NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THE
   31  FAMILY COURT ACT, THE LOCAL COMMISSIONER OF SOCIAL SERVICES  SHALL  FILE
   32  SUCH PETITION, OR
   33    (B) IF THERE ARE NO SUCH GROUNDS, THE COURT SHALL HOLD A HEARING AS TO
   34  THE BEST INTERESTS OF THE CHILD.
   35    (IV)  THE  CUSTODY  OF THE CHILD WITH THE LOCAL COMMISSIONER OF SOCIAL
   36  SERVICES SHALL CONTINUE PENDING THE RESULT OF THE BEST  INTERESTS  HEAR-
   37  ING.
   38    (V)  IF  THE  CHILD  IS  FREE FOR ADOPTION, THE COURT SHALL VACATE THE
   39  ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD.
   40    S 17. Subparagraph (iii) of paragraph (l) of subdivision 3 of  section
   41  384-b  of the social services law, as amended by chapter 145 of the laws
   42  of 2000, is amended and a new subparagraph (vi)  is  added  to  read  as
   43  follows:
   44    (iii)  For  the  purposes  of  this paragraph, the date of the child's
   45  entry into foster care is the earlier of sixty days after  the  date  on
   46  which  the  child  was  removed  from the home or the date the child was
   47  found by a court to be an ABANDONED INFANT, OR AN  abused  or  neglected
   48  child pursuant to article ten of the family court act.
   49    (VI) FOR THE PURPOSES OF THIS PARAGRAPH, A PETITION FOR TERMINATION OF
   50  PARENTAL  RIGHTS SHALL BE FILED WITHIN SIXTY DAYS AFTER A COURT'S DETER-
   51  MINATION THAT THE CHILD IS AN ABANDONED INFANT PURSUANT TO  SECTION  ONE
   52  THOUSAND FIFTY-ONE-A OF THE FAMILY COURT ACT.
   53    S  18. Paragraphs (d) and (e) of subdivision 4 of section 384-b of the
   54  social services law, paragraph (d) as amended by chapter 739 of the laws
   55  of 1981 and paragraph (e) as amended by section 56 of part A of  chapter
       A. 2325                            11

    1  3  of  the laws of 2005, are amended and a new paragraph (f) is added to
    2  read as follows:
    3    (d) The child is a permanently neglected child; [or]
    4    (e)  The parent or parents, whose consent to the adoption of the child
    5  would otherwise be required in accordance with section one hundred elev-
    6  en of the domestic relations law, severely  or  repeatedly  abused  such
    7  child.  Where  a court has determined that reasonable efforts to reunite
    8  the child with his or her parent are not required, pursuant to the fami-
    9  ly court act or this chapter, a petition to terminate parental rights on
   10  the ground of severe abuse as set forth in subparagraph (iii)  of  para-
   11  graph  (a) of subdivision eight of this section may be filed immediately
   12  upon such determination[.]; OR
   13    (F) THE PARENT OR PARENTS ABANDONED THE CHILD WHEN THE CHILD WAS THIR-
   14  TY DAYS OLD OR YOUNGER IN  A  MANNER  THAT  INDICATED  THE  PARENT'S  OR
   15  PARENTS'  INTENT  TO  WHOLLY RELINQUISH AND FORGO RESPONSIBILITY FOR AND
   16  RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH THE  INTENT  THAT  THE
   17  CHILD  BE  SAFE  FROM  PHYSICAL  INJURY  AND CARED FOR IN AN APPROPRIATE
   18  MANNER, AND SUCH PARENT OR PARENTS, AFTER A PERIOD OF  TWO  MONTHS  FROM
   19  THE  DATE OF ABANDONMENT, HAVE NOT COMMUNICATED WITH THE CHILD OR AGENCY
   20  REGARDING THE CHILD.
   21    S 19. Subdivision 5 of section 384-b of the  social  services  law  is
   22  amended by adding a new paragraph (c) to read as follows:
   23    (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO AN ABANDONED
   24  INFANT  AS  DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVEN-
   25  TY-ONE OF THIS TITLE.
   26    S 20. Title 1 of article 6 of the social services law  is  amended  by
   27  adding a new section 392-a to read as follows:
   28    S  392-A.  ABANDONED  INFANTS;  SPECIAL  PROVISIONS.  1. A CHILD IS AN
   29  "ABANDONED INFANT" WHERE A COURT OF COMPETENT  JURISDICTION  HAS  DETER-
   30  MINED  PURSUANT  TO SECTION ONE THOUSAND FIFTY-ONE-A OF THE FAMILY COURT
   31  ACT THAT SUCH CHILD IS AN ABANDONED INFANT.
   32    2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  UPON  NOTIFICATION
   33  THAT AN ALLEGED ABANDONED INFANT IS FOUND WITHIN THE COUNTY OR JURISDIC-
   34  TION, THE LOCAL COMMISSIONER SHALL:
   35    (I)  IMMEDIATELY  CAUSE  A  PHYSICAL  EXAMINATION  OF  THE CHILD TO BE
   36  PERFORMED BY A QUALIFIED HEALTH CARE PRACTITIONER, LICENSED OR CERTIFIED
   37  UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER  LAWFUL
   38  SCOPE  OF  PRACTICE  TO DETERMINE THE HEALTH STATUS OF THE CHILD AND THE
   39  AGE AND DATE OF BIRTH OF THE CHILD TO A  REASONABLE  DEGREE  OF  MEDICAL
   40  CERTAINTY.   SUCH HEALTH CARE PRACTITIONER SHALL CERTIFY BY AFFIDAVIT OR
   41  OTHER OFFICIAL RECORD HIS OR HER REASONABLE  MEDICAL  CONCLUSION  AS  TO
   42  WHETHER  THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE
   43  CHILD'S DATE OF BIRTH. THE AFFIDAVIT OR OTHER  OFFICIAL  RECORD  OF  THE
   44  DETERMINATION  SHALL BE PLACED IN THE INFANT'S RECORDS IN PLACE OF THOSE
   45  REQUIRED BY SUBDIVISION ONE OF SECTION THREE HUNDRED SEVENTY-TWO OF THIS
   46  TITLE; AND
   47    (II) FORTHWITH COMMENCE A PROCEEDING PURSUANT TO SECTION ONE  THOUSAND
   48  THIRTY-ONE-A OF THE FAMILY COURT ACT.
   49    (B)  UPON ASSUMPTION OF PROTECTIVE CUSTODY OF A CHILD ALLEGED TO BE AN
   50  "ABANDONED INFANT" THE LOCAL COMMISSIONER SHALL:
   51    (I) PROVIDE NECESSARY SERVICES OR ASSISTANCE, INCLUDING AUTHORIZING  A
   52  QUALIFIED  HEALTH  CARE  PRACTITIONER, LICENSED OR CERTIFIED UNDER TITLE
   53  EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR  HER  LAWFUL  SCOPE  OF
   54  PRACTICE  OR HOSPITAL TO PROVIDE EMERGENCY MEDICAL TREATMENT OR SURGICAL
   55  PROCEDURES NECESSARY TO SAFEGUARD THE LIFE OR HEALTH OF THE CHILD;
       A. 2325                            12

    1    (II) AT THE TIME OF ASSUMPTION OF CUSTODY OF THE CHILD, AT THE TIME OF
    2  THE FACT-FINDING HEARING AND AT THE TIME OF  THE  DISPOSITIONAL  HEARING
    3  REGARDING  THE  PETITION TO COMMIT GUARDIANSHIP AND CUSTODY OF THE CHILD
    4  TO AN AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED  EIGHTY-FOUR-B
    5  OF  THIS  TITLE,  MAKE INQUIRY OF THE PUTATIVE FATHER REGISTRY REGARDING
    6  THE EXISTENCE OF A NOTICE OF INTENT FILED WITH  THE  REGISTRY  THAT  MAY
    7  PERTAIN  TO  THE  CHILD AND OF LOCAL LAW ENFORCEMENT OFFICIALS REGARDING
    8  THE EXISTENCE OF A MISSING PERSON REPORT THAT MAY PERTAIN TO THE  CHILD.
    9  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LOCAL COMMISSIONER SHALL
   10  NOT  BE  REQUIRED  TO  PURSUE ANY OTHER EFFORTS TO LOCATE THE PARENTS OR
   11  RELATIVES OF SUCH CHILD;
   12    (III) PUBLICIZE: (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN
   13  EFFORT TO ALLOW A PARENT OR OTHER RELATIVE OF THE CHILD TO COME FORWARD,
   14  THE ABANDONMENT OF THE CHILD THROUGH LOCAL  MEDIA  OUTLETS  AND  SPECIF-
   15  ICALLY IN THE COMMUNITY WHERE THE ABANDONMENT OCCURRED WITH THE INFORMA-
   16  TION  REGARDING  THE CHILD TO BE PROVIDED AT THE DISCRETION OF THE LOCAL
   17  COMMISSIONER, INCLUDING, BUT NOT LIMITED TO PHOTOS OF THE CHILD; AND (B)
   18  THE AVAILABILITY OF (1) PREVENTION  SERVICES,  PERSONAL  COUNSELING  AND
   19  SUPPORT  SERVICES  AS  CONTEMPLATED UNDER TITLES FOUR AND FOUR-B OF THIS
   20  ARTICLE; (2) INFORMATION AND REFERRAL SERVICES, ADVOCACY, COUNSELING AND
   21  HOTLINE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AS  CONTEMPLATED  UNDER
   22  SECTION  FOUR  HUNDRED FIFTY-NINE-C OF THIS CHAPTER; AND (3) SAFE PLACE-
   23  MENT ALTERNATIVES FOR NEWBORN INFANTS AS PROVIDED UNDER THIS SECTION AND
   24  SECTION ONE THOUSAND THIRTY-ONE-A OF THE  FAMILY  COURT  ACT,  INCLUDING
   25  INFORMATION REGARDING TERMINATION OF PARENTAL RIGHTS AND ADOPTION PROCE-
   26  DURES  AND  THAT AN ABANDONED INFANT IS NOT A NEGLECTED CHILD UNDER THIS
   27  CHAPTER OR THE FAMILY COURT ACT; AND
   28    (IV) IF THE MATERNITY OR PATERNITY OF A  PERSON  CLAIMING  TO  BE  THE
   29  MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST TO BE CONDUCTED TO
   30  CONFIRM  MATERNITY  OR  PATERNITY,  CONDUCT AN INVESTIGATION PURSUANT TO
   31  SUBDIVISION ONE OF SECTION ONE THOUSAND THIRTY-FOUR OF THE FAMILY  COURT
   32  ACT  AND  IF  THERE ARE NO GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF
   33  SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT, WITHDRAW THE  PETI-
   34  TION  TO  DETERMINE  WHETHER  A CHILD IS AN ABANDONED INFANT PURSUANT TO
   35  SUBDIVISION (1) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT  ACT.
   36  IF  THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) AND (F) OF SECTION ONE
   37  THOUSAND TWELVE OF THE FAMILY  COURT  ACT,  THE  LOCAL  COMMISSIONER  OF
   38  SOCIAL  SERVICES  SHALL  FILE  A  PETITION TO DETERMINE ABUSE OR NEGLECT
   39  PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE  OF  THE  FAMILY  COURT  ACT
   40  WITHIN THREE COURT DAYS OF THE COMPLETION OF THE INVESTIGATION.
   41    S  21.  Section  372-g of the social services law, as added by chapter
   42  156 of the laws of 2000, is amended to read as follows:
   43    S 372-g. Abandoned infant protection program.  1. The office of  chil-
   44  dren  and  family services shall develop and implement a public informa-
   45  tion program to inform the general public of the provisions of the aban-
   46  doned infant protection act  AND  THE  AVAILABILITY  OF  SAFE  PLACEMENT
   47  ALTERNATIVES FOR NEWBORN INFANTS AS PROVIDED UNDER SECTION THREE HUNDRED
   48  NINETY-TWO-A  OF THIS TITLE AND SECTION ONE THOUSAND THIRTY-ONE-A OF THE
   49  FAMILY  COURT  ACT,  INCLUDING  INFORMATION  REGARDING  TERMINATION   OF
   50  PARENTAL  RIGHTS AND ADOPTION PROCEDURES AND THAT AN ABANDONED INFANT IS
   51  NOT A NEGLECTED CHILD UNDER THIS CHAPTER OR THE FAMILY COURT  ACT.  SUCH
   52  PUBLIC  INFORMATION  PROGRAM SHALL ALSO INFORM THE GENERAL PUBLIC OF THE
   53  AVAILABILITY OF PREVENTION SERVICES,  PERSONAL  COUNSELING  AND  SUPPORT
   54  SERVICES  AS  CONTEMPLATED UNDER TITLES FOUR AND FOUR-B OF THIS ARTICLE,
   55  AND INFORMATION AND REFERRAL SERVICES, ADVOCACY, COUNSELING AND  HOTLINE
   56  SERVICES  TO  VICTIMS OF DOMESTIC VIOLENCE AS CONTEMPLATED UNDER SECTION
       A. 2325                            13

    1  FOUR HUNDRED FIFTY-NINE-C OF THIS CHAPTER.  The program may include  but
    2  not be limited to the following elements:
    3    [1.]  (A)  educational  and  informational  materials in print, audio,
    4  video, electronic, or other media;
    5    [2.] (B) public service announcements and advertisements; and
    6    [3.] (C) establishment of  toll-free  telephone  hotlines  to  provide
    7  information.
    8    2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP AND IMPLE-
    9  MENT  THE  PUBLIC  INFORMATION  PROGRAM  WITHIN  AMOUNTS APPROPRIATED OR
   10  AVAILABLE BY THE STATE.
   11    S 22. This act shall take effect on  the  one  hundred  eightieth  day
   12  after it shall have become a law.
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