STATE OF NEW YORK
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5682
2015-2016 Regular Sessions
IN SENATE
May 27, 2015
___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the family court act and the social services law, in
relation to destitute and abandoned infant proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (j) of section 1012 of the family court act, as
2 amended by section 3 of part B of chapter 3 of the laws of 2005, is
3 amended to read as follows:
4 (j) "Aggravated circumstances" means where a child has been either
5 severely or repeatedly abused, as defined in subdivision eight of
6 section three hundred eighty-four-b of the social services law; or where
7 a child has subsequently been found to be an abused child, as defined in
8 paragraph (i) or (iii) of subdivision (e) of this section, within five
9 years after return home following placement in foster care as a result
10 of being found to be a neglected child, as defined in subdivision (f) of
11 this section, provided that the respondent or respondents in each of the
12 foregoing proceedings was the same; or where the court finds by clear
13 and convincing evidence that the parent of a child in foster care has
14 refused and has failed completely, over a period of at least six months
15 from the date of removal, to engage in services necessary to eliminate
16 the risk of abuse or neglect if returned to the parent, and has failed
17 to secure services on his or her own or otherwise adequately prepare for
18 the return home and, after being informed by the court that such an
19 admission could eliminate the requirement that the local department of
20 social services provide reunification services to the parent, the parent
21 has stated in court under oath that he or she intends to continue to
22 refuse such necessary services and is unwilling to secure such services
23 independently or otherwise prepare for the child's return home;
24 provided, however, that if the court finds that adequate justification
25 exists for the failure to engage in or secure such services, including
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10557-02-5
S. 5682 2
1 but not limited to a lack of child care, a lack of transportation, and
2 an inability to attend services that conflict with the parent's work
3 schedule, such failure shall not constitute an aggravated circumstance;
4 or where a court has determined a child [five] thirty days old or young-
5 er was abandoned by a parent with an intent to wholly abandon such child
6 and with the intent that the child be safe from physical injury and
7 cared for in an appropriate manner.
8 § 2. Subdivision (a) of section 1039-b of the family court act, as
9 added by chapter 7 of the laws of 1999, is amended to read as follows:
10 (a) In conjunction with, or at any time subsequent to, the filing of a
11 petition under section [ten hundred] one thousand thirty-one of this
12 [chapter] part, the social services official may file a motion upon
13 notice requesting a finding that reasonable efforts to return the child
14 to his or her home are no longer required, except that when a petition
15 is filed pursuant to article ten-C of this act, no reasonable efforts to
16 return the child to his or her home shall be required by the local
17 social services official.
18 § 3. The article heading of article 10-C of the family court act, as
19 added by chapter 605 of the laws of 2011, is amended to read as follows:
20 DESTITUTE CHILDREN AND ABANDONED INFANT PROCEEDINGS
21 § 4. The opening paragraph of subdivision (a) of section 1092 of the
22 family court act, as amended by chapter 3 of the laws of 2012, is
23 amended to read as follows:
24 "destitute child" shall mean an infant determined to be thirty days of
25 age or younger who has been abandoned by his or her parent or parents
26 with the intent to wholly abandon such infant, and with the intent that
27 the infant be safe from physical injury and cared for in an appropriate
28 manner; or a child under the age of eighteen who is in a state of want
29 or suffering due to lack of sufficient food, clothing, shelter, or
30 medical or surgical care and:
31 § 5. Subdivisions (f) and (g) of section 1095 of the family court act,
32 as amended by chapter 3 of the laws of 2012, are amended to read as
33 follows:
34 (f) If the child has been placed pursuant to paragraph one of subdivi-
35 sion (d) of this section, the provisions of section one thousand thir-
36 ty-nine-b and part eight of article ten of this act shall be applicable.
37 (g) If the court makes an order pursuant to paragraph one of subdivi-
38 sion (d) of this section, the court may include a direction for the
39 commissioner of social services to provide or arrange for services or
40 assistance, limited to those authorized or required to be made available
41 under the comprehensive annual services program plan then in effect, to
42 ameliorate the conditions that formed the basis for the fact-finding
43 under this section and, if the child has been placed in the care and
44 custody of the commissioner of social services, to facilitate the
45 child's permanency plan, and the court may also apply the provisions of
46 section one thousand thirty-nine-b of this act if applicable.
47 § 6. Paragraph (e) of subdivision 4 of section 384-b of the social
48 services law, as amended by section 56 of part A of chapter 3 of the
49 laws of 2005, is amended and a new paragraph (f) is added to read as
50 follows:
51 (e) The parent or parents, whose consent to the adoption of the child
52 would otherwise be required in accordance with section one hundred elev-
53 en of the domestic relations law, severely or repeatedly abused such
54 child. Where a court has determined that reasonable efforts to reunite
55 the child with his or her parent are not required, pursuant to the fami-
56 ly court act or this chapter, a petition to terminate parental rights on
S. 5682 3
1 the ground of severe abuse as set forth in subparagraph (iii) of para-
2 graph (a) of subdivision eight of this section may be filed immediately
3 upon such determination[.]; or
4 (f) In the case of a child who entered foster care under circumstances
5 where the child was determined to be thirty days of age or younger and
6 was abandoned by his or her parent or parents with an intent to wholly
7 abandon such child, and with the intent that the child be safe from
8 physical injury and cared for in an appropriate manner, and has remained
9 in foster care for a period of at least sixty days, and continues to be
10 abandoned by his or her parent or parents.
11 § 7. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law.
