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A02600 Summary:

A02600 Actions:

A02600 Floor Votes:

A02600 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2600
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  AUBRY,  CRESPO, ENGLEBRIGHT, GALEF,
          GUNTHER,  MILLMAN,  ROBERTS,  SKARTADOS,  TITONE,  WEPRIN,  ZEBROWSKI,
          ROBINSON, JAFFEE -- Multi-Sponsored by -- M. of A. SCHIMEL, SWEENEY --
          (at  request  of  the Office of Court Administration) -- read once and
          referred to the Committee on Children and Families
 

        AN ACT to amend the family court act and the  social  services  law,  in
          relation  to  severe  or  repeated child abuse in child protective and
          termination of parental rights proceedings
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (e) of section 1051 of the family court act, as
     2  amended by chapter 7 of the laws of 1999, is amended to read as follows:
     3    (e)  If the court makes a finding of abuse, it shall specify the para-
     4  graph or paragraphs of subdivision (e) of section one thousand twelve of
     5  this act which it finds have been established.  If  the  court  makes  a
     6  finding  of  abuse  as  defined in paragraph (iii) of subdivision (e) of
     7  section one thousand twelve of this act, it shall make a further finding

     8  of the specific sex offense as defined in article one hundred thirty  of
     9  the  penal law. In addition to a finding of abuse, the court may enter a
    10  finding of severe abuse or repeated abuse, as  defined  in  [paragraphs]
    11  subparagraphs  (i),  (ii)  and  (iii) of paragraph (a) [and] or subpara-
    12  graphs (i) and (ii) of paragraph (b) of  subdivision  eight  of  section
    13  three  hundred  eighty-four-b of the social services law, which shall be
    14  admissible in a proceeding to  terminate  parental  rights  pursuant  to
    15  paragraph (e) of subdivision four of section three hundred eighty-four-b
    16  of  the  social services law. If the court makes such additional finding
    17  of severe abuse or repeated abuse, the court shall state the grounds for
    18  its determination, which  shall  be  based  upon  clear  and  convincing
    19  evidence.

    20    §  2. Subparagraph (ii) of paragraph (a) and subparagraph (i) of para-
    21  graph (b) of subdivision 8 of section 384-b of the social services  law,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03051-01-3
        A. 2600                             2
 
     1  subparagraph  (ii)  of  paragraph  (a)  as added and subparagraph (i) of
     2  paragraph (b) as amended by chapter 7 of the laws of 1999,  are  amended
     3  to read as follows:
     4    (ii)  the  child  has  been found to be an abused child, as defined in
     5  paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
     6  family  court act, as a result of such parent's acts; provided, however,

     7  the respondent must have committed or knowingly allowed to be  committed
     8  a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
     9  130.40, 130.45, 130.50, 130.65, 130.67, 130.70,  130.75  [and],  130.80,
    10  130.95 and 130.96 of the penal law and, for the purposes of this section
    11  the  corroboration  requirements  contained  in  the penal law shall not
    12  apply to proceedings under this section; or
    13    (i) the child has been found to be an abused child, (A) as defined  in
    14  paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
    15  family court act, as a result of such parent's acts; or (B)  as  defined
    16  in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
    17  the family court act, as a  result  of  such  parent's  acts;  provided,
    18  however,  the  respondent must have committed or knowingly allowed to be

    19  committed a felony sex offense as defined in  sections  130.25,  130.30,
    20  130.35,  130.40,  130.45,  130.50, 130.65, 130.67, 130.70, 130.75 [and],
    21  130.80, 130.95 and 130.96 of the penal law; and
    22    § 3. This act shall take effect immediately.