S T A T E O F N E W Y O R K ________________________________________________________________________ 336 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. PAULIN, WRIGHT, SCARBOROUGH, HEASTIE, PRETLOW, PHEFFER, GUNTHER, ROSENTHAL, HOOPER, GALEF, CLARK, JAFFEE, SCHIMMING- ER, ZEBROWSKI, ABBATE, WEISENBERG, SPANO, KELLNER, MAISEL, KAVANAGH, ROBINSON, LATIMER, CALHOUN -- Multi-Sponsored by -- M. of A. BENEDET- TO, BING, BOYLAND, CAHILL, DESTITO, DINOWITZ, ENGLEBRIGHT, FARRELL, GOTTFRIED, HEVESI, HOYT, V. LOPEZ, LUPARDO, MAGEE, MARKEY, MAYERSOHN, McENENY, MENG, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02541-01-1 A. 336 2 1 foregoing proceedings was the same; or where the court finds by clear 2 and convincing evidence that the parent of a child in foster care has 3 refused and has failed completely, over a period of at least six months 4 from the date of removal, to engage in services necessary to eliminate 5 the risk of abuse or neglect if returned to the parent, and has failed 6 to secure services on his or her own or otherwise adequately prepare for 7 the return home and, after being informed by the court that such an 8 admission could eliminate the requirement that the local department of 9 social services provide reunification services to the parent, the parent 10 has stated in court under oath that he or she intends to continue to 11 refuse such necessary services and is unwilling to secure such services 12 independently or otherwise prepare for the child's return home; 13 provided, however, that if the court finds that adequate justification 14 exists for the failure to engage in or secure such services, including 15 but not limited to a lack of child care, a lack of transportation, and 16 an inability to attend services that conflict with the parent's work 17 schedule, such failure shall not constitute an aggravated circumstance; 18 or where a court has determined a child [five] THIRTY days old or young- 19 er was abandoned by a parent with an intent to wholly abandon such child 20 and with the intent that the child be safe from physical injury and 21 cared for in an appropriate manner. 22 (L) "ABANDONED INFANT" MEANS A CHILD WHO HAS BEEN LEFT BY HIS OR HER 23 PARENT WHEN THIRTY DAYS OLD OR YOUNGER, IN A MANNER THAT INDICATED THE 24 PARENT'S INTENT TO WHOLLY ABANDON SUCH CHILD BY RELINQUISHING AND FORE- 25 GOING RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH 26 CHILD WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND 27 CARED FOR IN AN APPROPRIATE MANNER. 28 S 2. The family court act is amended by adding a new section 1031-a to 29 read as follows: 30 S 1031-A. ABANDONED INFANTS, PRELIMINARY PROCEDURE. (A) UPON RECEIPT 31 OF NOTICE THAT A CHILD WHO APPEARS TO BE AN ABANDONED INFANT HAS BEEN 32 FOUND IN THE JURISDICTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE 33 LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL IMMEDIATELY TAKE PROTECTIVE 34 CUSTODY OF THE CHILD PURSUANT TO SECTION ONE THOUSAND TWENTY-FOUR OF 35 THIS ARTICLE UNTIL FURTHER ORDER OF THE COURT. 36 (B) A PROCEEDING TO DETERMINE WHETHER A CHILD IS AN ABANDONED INFANT 37 PURSUANT TO SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF THIS ARTI- 38 CLE SHALL BE COMMENCED BY SUCH LOCAL COMMISSIONER FORTHWITH. THE PETI- 39 TION FOR SUCH PROCEEDING SHALL: 40 (I) ALLEGE THE LOCATION AND DATE OF AND THE CIRCUMSTANCES BY WHICH IT 41 IS ALLEGED THAT THE CHILD WAS ABANDONED; AND 42 (II) ALLEGE THAT UPON INFORMATION AND BELIEF, THE CHILD IN QUESTION 43 WAS THIRTY DAYS OLD OR YOUNGER WHEN FOUND. 44 (C) THE COURT UPON RECEIPT OF THE PETITION SHALL APPOINT AN ATTORNEY 45 FOR THE CHILD TO REPRESENT THE CHILD ALLEGED TO BE AN ABANDONED INFANT. 46 (D) IF THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, THE COURT 47 UPON RECEIPT OF THE PETITION SHALL HOLD A HEARING TO DETERMINE WHETHER 48 THE CHILD APPEARS TO HAVE BEEN ABANDONED IN ACCORDANCE WITH THE DEFI- 49 NITION OF ABANDONED INFANT PROVIDED IN SUBDIVISION (1) OF SECTION ONE 50 THOUSAND TWELVE OF THIS ARTICLE. 51 (I) AT SUCH HEARING, IF THE COURT DETERMINES THAT THE CIRCUMSTANCES OF 52 THE ABANDONMENT MEET THE DEFINITION OF ABANDONED INFANT IN SUBDIVISION 53 (1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, THE COURT SHALL: 54 (A) ORDER THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL NOT BE 55 REQUIRED TO COMMENCE A DILIGENT SEARCH TO LOCATE THE PARENT OR PARENTS 56 OR OTHER RELATIVES OF THE CHILD; AND A. 336 3 1 (B) REQUIRE THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CAUSE NOTICE 2 OF THE PROCEEDING TO BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF 3 SUBDIVISION (A) OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE LAW 4 AND RULES IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND, AT LEAST ONCE IN 5 EACH OF THREE SUCCESSIVE WEEKS. SERVICE BY PUBLICATION IS COMPLETE ON 6 THE TWENTY-FIRST DAY AFTER THE DAY OF THE FIRST PUBLICATION. THE NOTICE 7 SHALL STATE: 8 (1) THE DATE, TIME AND PURPOSE OF THE PROCEEDING; 9 (2) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND; 10 (3) A DESCRIPTION OF THE INFANT INCLUDING ITS APPROXIMATE DATE OF 11 BIRTH; 12 (4) THAT UPON FAILURE OF THE PARENT TO APPEAR, THE CHILD MAY BE DEEMED 13 AN ABANDONED INFANT PURSUANT TO SUBDIVISION (L) OF SECTION ONE THOUSAND 14 TWELVE OF THIS ARTICLE AND PLACED INTO THE CARE AND CUSTODY OF THE 15 COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT IN THE PARENT'S 16 ABSENCE; AND 17 (5) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED 18 BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR INFORMATION 19 REGARDING SUCH CHILD. 20 (II) IN DETERMINING WHETHER REMOVAL OR CONTINUING THE REMOVAL OF A 21 CHILD IS NECESSARY TO AVOID IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH, 22 THE COURT SHALL CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION 23 IN THE CHILD'S HOME WOULD BE CONTRARY TO THE BEST INTERESTS OF THE CHILD 24 AND WHERE APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE 25 DATE OF THE HEARING HELD UNDER THIS SUBDIVISION TO PREVENT OR ELIMINATE 26 THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME AND, IF THE CHILD WAS 27 REMOVED FROM HIS OR HER HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER 28 THIS SUBDIVISION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS WERE MADE 29 TO MAKE IT POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME. IF THE COURT 30 DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR ELIMINATE THE NEED FOR 31 REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE BUT THAT THE LACK OF 32 SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUMSTANCES, THE COURT ORDER 33 SHALL INCLUDE SUCH A FINDING. 34 (E) IF A PERSON CLAIMING TO BE A PARENT OF THE CHILD IN QUESTION WHO 35 IS ALLEGED TO BE AN ABANDONED INFANT, COMES FORWARD, THE LOCAL COMMIS- 36 SIONER OF SOCIAL SERVICES SHALL: 37 (I) PROVIDE WRITTEN NOTIFICATION TO THE COURT AND THE ATTORNEY FOR THE 38 CHILD FORTHWITH; AND 39 (II) CAUSE A TEST TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY OF 40 THE PERSONS CLAIMING TO BE THE MOTHER OR FATHER OF THE CHILD IN QUES- 41 TION; AND IF MATERNITY OR PATERNITY IS CONFIRMED, NOTIFY THE COURT WHICH 42 SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE OF SECTION ONE 43 THOUSAND THIRTY-FOUR OF THIS PART. THE EXISTING ORDER OF CUSTODY OF THE 44 CHILD TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL CONTINUE PEND- 45 ING THE RESULT OF THE INVESTIGATION. 46 (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION 47 ONE THOUSAND TWELVE OF THIS ARTICLE TO FILE A PETITION TO DETERMINE 48 ABUSE OR NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THIS 49 PART, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE SUCH PETITION 50 WITHIN THREE COURT DAYS OF THE COMPLETION OF THE INVESTIGATION. THE 51 PARENT OR PARENTS SHALL BE INFORMED OF THE DATE AND THE TIME THAT THE 52 PETITION SHALL BE FILED, THE ADDRESS OF THE COURT WHERE THE PETITION 53 SHALL BE FILED, OF THE RIGHT OF THE PARENT TO BE PRESENT AT ANY HEARING 54 HELD THEREON AND OF THE RIGHT TO BE REPRESENTED BY COUNSEL, INCLUDING 55 PROCEDURES FOR OBTAINING COUNSEL IF INDIGENT. UPON SUCH FILING, A HEAR- A. 336 4 1 ING PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN OF THIS ARTICLE SHALL 2 BE HELD FORTHWITH. 3 (B) IF NO SUCH GROUNDS EXIST, THE COURT SHALL DISMISS THE PETITION AND 4 ORDER THAT THE CHILD BE RETURNED TO HIS OR HER PARENT OR PARENTS. 5 S 3. Subdivision (a) of section 1039-b of the family court act, as 6 added by chapter 7 of the laws of 1999, is amended to read as follows: 7 (a) In conjunction with, or at any time subsequent to, the filing of a 8 petition under section [ten hundred] ONE THOUSAND thirty-one of this 9 [chapter] PART, the social services official may file a motion upon 10 notice requesting a finding that reasonable efforts to return the child 11 to his or her home are no longer required. 12 S 4. Subdivision (a) of section 1041 of the family court act, as 13 amended by chapter 1015 of the laws of 1972, is amended to read as 14 follows: 15 (a) that the parent or other person legally responsible for the 16 child's care is present at the hearing and has been served with a copy 17 of the petition, UNLESS THE CHILD IS ALLEGED TO BE AN ABANDONED INFANT 18 PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE, IN WHICH 19 EVENT, THE PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH (I) OF SUBDIVI- 20 SION (D) OF SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE SHALL 21 APPLY; or 22 S 5. Section 1044 of the family court act, as added by chapter 962 of 23 the laws of 1970, is amended to read as follows: 24 S 1044. Definition of "fact-finding hearing". When used in this arti- 25 cle, "fact-finding hearing" means a hearing to determine whether the 26 child is an abused or neglected child OR AN ABANDONED INFANT as defined 27 by this article. 28 S 6. The family court act is amended by adding a new section 1051-a to 29 read as follows: 30 S 1051-A. SUSTAINING OR DISMISSING A PETITION ALLEGING A CHILD IS AN 31 ABANDONED INFANT. (A) AT THE FACT-FINDING HEARING SCHEDULED PURSUANT TO 32 SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE, THE COURT SHALL 33 DETERMINE THAT THE CHILD IS AN ABANDONED INFANT AND SUSTAIN THE PETITION 34 FILED UNDER SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE IF FACTS 35 SUFFICIENT TO CONSTITUTE CLEAR AND CONVINCING EVIDENCE ARE ESTABLISHED 36 TO FIND THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND 37 THAT THE CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER PARENT'S 38 INTENT TO WHOLLY ABANDON SUCH CHILD BY RELINQUISHING AND FOREGOING 39 RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH 40 THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN 41 AN APPROPRIATE MANNER. FOR PURPOSES OF FINDING THAT THE CHILD WAS THIRTY 42 DAYS OLD OR YOUNGER WHEN ABANDONED, AN AFFIDAVIT OR OTHER OFFICIAL 43 RECORD OF A DETERMINATION OF A QUALIFIED HEALTH CARE PRACTITIONER, 44 LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING 45 WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE WHO EXAMINED THE CHILD THAT 46 SUCH CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE DATE OF 47 BIRTH OF THE CHILD, TO A REASONABLE DEGREE OF MEDICAL CERTAINTY; AN 48 AFFIDAVIT OR OFFICIAL RECORD, INCLUDING A POLICE REPORT OR TESTIMONY 49 REGARDING THE MANNER OF THE ABANDONMENT OF THE CHILD; AND AN AFFIDAVIT 50 OR OFFICIAL RECORD OF THE RESULT OF THE INQUIRIES MADE TO THE PUTATIVE 51 FATHER REGISTRY AND TO LOCAL LAW ENFORCEMENT OFFICIALS REGARDING A MISS- 52 ING PERSON REPORT, SHALL BE SUFFICIENT EVIDENCE OF THE CHILD'S AGE AND 53 DATE OF BIRTH AND THE INTENT TO WHOLLY ABANDON THE CHILD. 54 (B) IF THE COURT SUSTAINS THE PETITION AND FINDS THAT THE CHILD IS AN 55 ABANDONED INFANT, THE COURT SHALL DETERMINE AND FIND AND SHALL STATE IN 56 ITS ORDER: A. 336 5 1 (I) THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED TO A 2 REASONABLE DEGREE OF MEDICAL CERTAINTY; 3 (II) THE DATE THE CHILD WAS BORN, TO A REASONABLE DEGREE OF MEDICAL 4 CERTAINTY; 5 (III) THAT THE CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER 6 PARENT'S INTENT TO WHOLLY ABANDON THE CHILD BY RELINQUISHING AND FOREGO- 7 ING RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD 8 WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED 9 FOR IN AN APPROPRIATE MANNER; 10 (IV) THAT BASED UPON THE FINDINGS OF PARAGRAPHS (I) AND (III) OF THIS 11 SUBDIVISION, AGGRAVATED CIRCUMSTANCES WITHIN THE MEANING OF SUBDIVISION 12 (J) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE EXIST; AND 13 (V) THAT BASED UPON SUCH FINDING OF AGGRAVATED CIRCUMSTANCES, REASON- 14 ABLE EFFORTS TO RETURN THE CHILD TO HIS OR HER HOME ARE NOT REQUIRED. 15 (C) IF FACTS SUFFICIENT TO SUSTAIN THE PETITION ARE NOT ESTABLISHED 16 DUE TO A DETERMINATION THAT EITHER THE CHILD WAS OLDER THAN THIRTY DAYS 17 AT THE TIME OF ABANDONMENT OR THE CHILD IS NOT OTHERWISE AN ABANDONED 18 INFANT AS PROVIDED IN THIS SECTION, THE COURT SHALL CONVERT THE PETITION 19 TO A PROCEEDING TO DETERMINE ABUSE OR NEGLECT PURSUANT TO SECTION ONE 20 THOUSAND THIRTY-ONE OF THIS ARTICLE AND SHALL STATE ON THE RECORD THE 21 GROUNDS FOR THE CONVERSION. 22 (I) THE COURT SHALL DETERMINE WHETHER TEMPORARY CUSTODY OF THE CHILD 23 TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL CONTINUE UNTIL 24 FURTHER ORDER OF THE COURT. IN DETERMINING WHETHER REMOVAL OR CONTINUING 25 THE REMOVAL OF A CHILD IS NECESSARY TO AVOID IMMINENT RISK TO THE 26 CHILD'S LIFE OR HEALTH, THE COURT SHALL CONSIDER AND DETERMINE IN ITS 27 ORDER WHETHER CONTINUATION IN THE CHILD'S HOME WOULD BE CONTRARY TO THE 28 BEST INTERESTS OF THE CHILD AND WHERE APPROPRIATE, WHETHER REASONABLE 29 EFFORTS WERE MADE PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVI- 30 SION (A) OF THIS SECTION TO PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF 31 THE CHILD FROM THE HOME AND, IF THE CHILD WAS REMOVED FROM HIS OR HER 32 HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVISION (A) OF THIS 33 SECTION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS WERE MADE TO MAKE IT 34 POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME. 35 (II) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR 36 ELIMINATE THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE 37 BUT THAT THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUM- 38 STANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING. 39 (D) AT THE CONCLUSION OF THE DISPOSITIONAL HEARING THAT SHALL BE 40 COMMENCED IMMEDIATELY UPON COMPLETION OF THE FACT-FINDING HEARING WHEN 41 THE PETITION HAS BEEN SUSTAINED, THE COURT SHALL ENTER AN ORDER OF 42 DISPOSITION: 43 (I) PLACING THE CHILD IN THE CUSTODY OF THE LOCAL COMMISSIONER OF 44 SOCIAL SERVICES, WHO SHALL MAKE REASONABLE EFFORTS TO PLACE THE CHILD 45 INTO A PRE-ADOPTIVE HOME, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 46 ONE THOUSAND FIFTY-FIVE OF THIS PART, UPON A DETERMINATION THAT: 47 (A) CONTINUATION IN THE CHILD'S HOME WOULD BE CONTRARY TO THE BEST 48 INTERESTS OF THE CHILD; AND 49 (B) WHERE THE COURT HAS DETERMINED THAT THE PARENT OF SUCH CHILD HAS 50 SUBJECTED THE CHILD TO AGGRAVATED CIRCUMSTANCES, AS DEFINED IN SUBDIVI- 51 SION (J) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, REASONABLE 52 EFFORTS TO PREVENT OR ELIMINATE THE NEED FOR REMOVING THE CHILD FROM THE 53 HOME OF THE CHILD OR TO MAKE IT POSSIBLE FOR THE CHILD TO RETURN SAFELY 54 TO HIS OR HER HOME ARE NOT REQUIRED; 55 (II) REQUIRING THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO COMMENCE A 56 PROCEEDING TO COMMIT THE GUARDIANSHIP AND CUSTODY OF SUCH CHILD TO AN A. 336 6 1 AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE 2 SOCIAL SERVICES LAW WITHIN SIXTY DAYS; AND 3 (III) IF THE INITIAL PERMANENCY HEARING HAS NOT BEEN HELD, SETTING A 4 DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSUANT TO PARAGRAPH ONE 5 OF SUBDIVISION (B) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT. 6 S 7. Paragraph (i) of subdivision (a) of section 1055 of the family 7 court act, as amended by section 12 of part G of chapter 58 of the laws 8 of 2010, is amended to read as follows: 9 (i) For purposes of section one thousand fifty-two of this part the 10 court may place the child in the custody of a relative or other suitable 11 person pursuant to this article, or of the local commissioner of social 12 services or of such other officer, board or department as may be author- 13 ized to receive children as public charges, or a duly authorized associ- 14 ation, agency, society or in an institution suitable for the placement 15 of a child. The court may also place a child who it finds to be a sexu- 16 ally exploited child as defined in subdivision one of section four 17 hundred forty-seven-a of the social services law with the local commis- 18 sioner of social services for placement in an available long-term safe 19 house. The court may also place the child in the custody of the local 20 commissioner of social services and may direct such commissioner to have 21 the child reside with a relative or other suitable person who has indi- 22 cated a desire to become a foster parent for the child and further 23 direct such commissioner, pursuant to regulations of the office of chil- 24 dren and family services, to commence an investigation of the home of 25 such relative or other suitable person within twenty-four hours and 26 thereafter expedite approval or certification of such relative or other 27 suitable person, if qualified, as a foster parent. If such home is found 28 to be unqualified for approval or certification, the local commissioner 29 shall report such fact to the court forthwith so that the court may make 30 a placement determination that is in the best interests of the child. 31 FOR PURPOSES OF SECTION ONE THOUSAND FIFTY-ONE-A OF THIS PART, THE COURT 32 MAY PLACE THE CHILD IN THE CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL 33 SERVICES OR OF SUCH OTHER OFFICER, BOARD OR DEPARTMENT AS MAY BE AUTHOR- 34 IZED TO RECEIVE CHILDREN AS PUBLIC CHARGES, OR A DULY AUTHORIZED ASSOCI- 35 ATION, AGENCY, SOCIETY OR IN AN INSTITUTION SUITABLE FOR THE PLACEMENT 36 OF A CHILD. 37 S 8. Paragraph (ii) of subdivision (b) of section 1055 of the family 38 court act, as amended by section 18 of part A of chapter 3 of the laws 39 of 2005, is amended to read as follows: 40 (ii) (A) Upon placing a child under the age of one, who has been aban- 41 doned AS DEFINED IN PARAGRAPH (II) OF SUBDIVISION (F) OF SECTION ONE 42 THOUSAND TWELVE OF THIS ARTICLE, with a local commissioner of social 43 services, the court shall, where either of the parents do not appear 44 after due notice, include in its order of disposition pursuant to 45 section one thousand fifty-two of this part, a direction that such 46 commissioner shall promptly commence a diligent search to locate the 47 child's non-appearing parent or parents or other known relatives who are 48 legally responsible for the child, and to commence a proceeding to 49 commit the guardianship and custody of such child to an authorized agen- 50 cy pursuant to section three hundred eighty-four-b of the social 51 services law, six months from the date that care and custody of the 52 child was transferred to the LOCAL commissioner, unless there has been 53 communication and visitation between such child and such parent or 54 parents or other known relatives or persons legally responsible for the 55 child. In addition to such diligent search, the local commissioner of 56 social services shall provide written notice to the child's parent or A. 336 7 1 parents or other known relatives or persons legally responsible as 2 provided for in this paragraph. Such notice shall be served upon such 3 parent or parents or other known relatives or persons legally responsi- 4 ble in the manner required for service of process pursuant to section 5 six hundred seventeen of this act. Information regarding such diligent 6 search, including, but not limited to, the name, last known address, 7 social security number, employer's address and any other identifying 8 information to the extent known regarding the non-appearing parent, 9 shall be recorded in the uniform case record maintained pursuant to 10 section four hundred nine-f of the social services law. 11 (B) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO AN ABANDONED 12 INFANT, AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF 13 THIS ARTICLE. 14 S 9. Subparagraph (i) of paragraph 1 of subdivision (b) of section 15 1089 of the family court act, as amended by chapter 437 of the laws of 16 2006, is amended to read as follows: 17 (i) the child's parent, including any non-respondent parent, unless 18 the parental rights of the parent have been terminated or surrendered, 19 OR UNLESS THE CHILD HAS BEEN ALLEGED OR FOUND TO BE AN ABANDONED INFANT 20 PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ACT AND THE IDEN- 21 TITY OF THE PARENT OR PARENTS IS UNKNOWN, and any other person legally 22 responsible for the child's care at the most recent address or addresses 23 known to the local social services district or agency, and the foster 24 parent in whose home the child currently resides, each of whom shall be 25 a party to the proceeding; and 26 S 10. Subdivision (b) of section 1089 of the family court act is 27 amended by adding two new paragraphs 3 and 4 to read as follows: 28 (3) IN THE CASE OF A CHILD WHO IS NOT FREE FOR ADOPTION WHO HAS BEEN 29 ALLEGED OR FOUND TO BE AN ABANDONED INFANT PURSUANT TO SECTION ONE THOU- 30 SAND THIRTY-ONE-A OF THIS ACT WHERE THE IDENTITY OF THE PARENT OR 31 PARENTS IS UNKNOWN, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL 32 CAUSE NOTICE OF THE PERMANENCY HEARING TO BE PUBLISHED IN ACCORDANCE 33 WITH THE PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE 34 LAW AND RULES IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND. THE NOTICE 35 SHALL STATE: 36 (I) THE DATE, TIME AND PURPOSE OF THE PROCEEDING; 37 (II) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND; 38 (III) A DESCRIPTION OF THE INFANT INCLUDING ITS APPROXIMATE DATE OF 39 BIRTH; 40 (IV) THAT UPON FAILURE OF THE PARENT TO APPEAR THE CHILD MAY CONTINUE 41 TO BE PLACED INTO THE CARE AND CUSTODY OF THE COMMISSIONER OF THE LOCAL 42 SOCIAL SERVICES DISTRICT IN THE PARENT'S ABSENCE; AND 43 (V) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED 44 BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR INFORMATION 45 REGARDING SUCH CHILD. 46 (4) IN THE CASE OF A CHILD WHO HAS BEEN ALLEGED OR FOUND TO BE AN 47 ABANDONED INFANT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS 48 ACT BUT NOT LATER THAN SIX MONTHS AFTER THE INITIAL PUBLICATION OF 49 NOTICE OF SUCH PROCEEDING, IF THE MATERNITY OR PATERNITY OF A PERSON 50 CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST 51 TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY, 52 (I) THE COURT SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE 53 OF SECTION ONE THOUSAND THIRTY-FOUR OF THIS ACT AND 54 (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION 55 ONE THOUSAND TWELVE OF THIS ACT TO FILE A PETITION TO DETERMINE ABUSE OR 56 NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THIS ACT, THE A. 336 8 1 LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE SUCH PETITION WITHIN 2 THREE COURT DAYS. UPON SUCH FILING, A HEARING PURSUANT TO SECTION ONE 3 THOUSAND TWENTY-SEVEN OF THIS ACT SHALL BE HELD FORTHWITH; OR 4 (B) IF THERE ARE NO GROUNDS TO FILE A PETITION PURSUANT TO SECTION ONE 5 THOUSAND THIRTY-ONE OF THIS ACT, THE COURT SHALL HOLD A BEST INTERESTS 6 HEARING AS TO WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD TO RETURN 7 THE CHILD TO HIS OR HER HOME OR TO CONTINUE THE CUSTODY OF THE CHILD 8 WITH THE LOCAL COMMISSIONER OF SOCIAL SERVICES. EXCEPT FOR GOOD CAUSE 9 SHOWN SUCH HEARING SHALL COMMENCE WITHIN THREE COURT DAYS. THE CUSTODY 10 OF THE CHILD WITH THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL 11 CONTINUE PENDING THE RESULT OF THE BEST INTERESTS HEARING; 12 (II) IF THE CHILD IS FREE FOR ADOPTION, THE COURT SHALL ALSO VACATE 13 THE ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD. 14 S 11. Section 352 of the social services law is amended by adding a 15 new subdivision 4 to read as follows: 16 4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PARENTS OF AN 17 ABANDONED INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOUSAND 18 TWELVE OF THE FAMILY COURT ACT AND SECTION THREE HUNDRED NINETY-TWO-A OF 19 THIS CHAPTER. 20 S 12. Subdivision 1 of section 352-a of the social services law is 21 amended by adding a new paragraph (g) to read as follows: 22 (G) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PARENTS OF 23 AN ABANDONED INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOU- 24 SAND TWELVE OF THE FAMILY COURT ACT AND SECTION THREE HUNDRED 25 NINETY-TWO-A OF THIS CHAPTER. 26 S 13. Subdivision 2 of section 371 of the social services law, as 27 amended by chapter 666 of the laws of 1976, is amended and a new subdi- 28 vision 2-a is added to read as follows: 29 2. "Abandoned child" means a child under the age of eighteen years who 30 is abandoned by both parents, or by the parent having [its] HIS OR HER 31 custody, or by any other person or persons lawfully charged with [its] 32 HIS OR HER care or custody, in accordance with the definition and other 33 criteria set forth in subdivision five of section three hundred eighty- 34 four-b OF THIS TITLE; 35 2-A. "ABANDONED INFANT" MEANS A CHILD AS DEFINED IN SUBDIVISION (L) OF 36 SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT AND SECTION THREE 37 HUNDRED NINETY-TWO-A OF THIS TITLE; 38 S 14. Paragraph (ii) of subdivision 4-a of section 371 of the social 39 services law, as added by chapter 782 of the laws of 1971, is amended to 40 read as follows: 41 (ii) who has been abandoned by his OR HER parents or other person 42 legally responsible for his OR HER care, INCLUDING AN ABANDONED CHILD AS 43 DEFINED IN SUBDIVISION TWO OR AN ABANDONED INFANT AS DEFINED IN SUBDIVI- 44 SION TWO-A OF THIS SECTION. 45 S 15. The opening paragraph and paragraphs (b), (c) and (d) of subdi- 46 vision 1 of section 372 of the social services law are amended to read 47 as follows: 48 Every court, and every public board, commission, institution, or offi- 49 cer having powers or charged with duties in relation to abandoned CHIL- 50 DREN, INCLUDING ABANDONED INFANTS, delinquent, destitute, neglected or 51 dependent children who shall receive, accept or commit any child shall 52 provide and keep a record showing: 53 (b) his OR HER sex and date and place of birth, if ascertainable, or 54 his OR HER apparent age AND IN THE CASE OF AN ABANDONED INFANT AS 55 DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF 56 THIS TITLE, THE AFFIDAVIT OR OTHER OFFICIAL RECORD OF THE DETERMINATION A. 336 9 1 OF A QUALIFIED HEALTH CARE PRACTITIONER, LICENSED OR CERTIFIED UNDER 2 TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE 3 OF PRACTICE ATTESTING THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER AT 4 THE TIME OF ABANDONMENT AND THE DATE OF BIRTH OF THE CHILD, TO A REASON- 5 ABLE DEGREE OF MEDICAL CERTAINTY, 6 (c) the full and true names and places of birth of his OR HER parents, 7 and their actual residence if living, or their latest known residence, 8 if deceased or whereabouts unknown and the name and actual residence of 9 any other person having custody of the child, as nearly as the same can 10 reasonably be ascertained, AND IN THE CASE OF AN ABANDONED INFANT AS 11 DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF 12 THIS TITLE, A CERTIFIED COPY OF THE COURT ORDER DETERMINING THAT THE 13 CHILD WAS AN ABANDONED INFANT PURSUANT TO SECTION ONE THOUSAND 14 FIFTY-ONE-A OF THE FAMILY COURT ACT, 15 (d) the religious faith of the parents and of the child, IF KNOWN, 16 S 16. Paragraph (e) of subdivision 3 of section 384-b of the social 17 services law, as amended by section 55 of part A of chapter 3 of the 18 laws of 2005, is amended to read as follows: 19 (e) (I) A proceeding under this section is originated by a petition on 20 notice served upon the child's parent or parents, the attorney for the 21 child's parent or parents and upon such other persons as the court may 22 in its discretion prescribe. Such notice shall inform the parents and 23 such other persons that the proceeding may result in an order freeing 24 the child for adoption without the consent of or notice to the parents 25 or such other persons. Such notice also shall inform the parents and 26 such other persons of their right to the assistance of counsel, includ- 27 ing any right they may have to have counsel assigned by the court in any 28 case where they are financially unable to obtain counsel. The petition 29 shall set forth the names and last known addresses of all persons 30 required to be given notice of the proceeding, pursuant to this section 31 and section three hundred eighty-four-c of this title, and there shall 32 be shown by the petition or by affidavit or other proof satisfactory to 33 the court that there are no persons other than those set forth in the 34 petition who are entitled to notice pursuant to the provisions of this 35 section or of section three hundred eighty-four-c of this title. When 36 the proceeding is initiated in family court service of the petition and 37 other process shall be made in accordance with the provisions of section 38 six hundred seventeen of the family court act, and when the proceeding 39 is initiated in surrogate's court, service shall be made in accordance 40 with the provisions of section three hundred seven of the surrogate's 41 court procedure act. When the proceeding is initiated on the grounds of 42 abandonment of a child less than one year of age at the time of the 43 transfer of the care and custody of such child to a local social 44 services official, the court shall take judicial notice of efforts to 45 locate the child's parents or other known relatives or other persons 46 legally responsible pursuant to paragraph (ii) of subdivision (b) of 47 section one thousand fifty-five of the family court act. THE PROVISIONS 48 OF THIS PARAGRAPH SHALL NOT APPLY TO A CHILD DETERMINED TO BE AN ABAN- 49 DONED INFANT AS DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED 50 SEVENTY-ONE OF THIS TITLE. 51 (II) IF THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, AND THE 52 CHILD HAS BEEN FOUND TO BE AN ABANDONED INFANT PURSUANT TO SUBDIVISION 53 (L) OF SECTION ONE THOUSAND TWELVE OR SECTION ONE THOUSAND THIRTY-ONE-A 54 OF THE FAMILY COURT ACT, THE COURT UPON RECEIPT OF THE PETITION SHALL 55 REQUIRE THE LOCAL COMMISSIONER TO CAUSE NOTICE TO BE PUBLISHED IN 56 ACCORDANCE WITH THE PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE A. 336 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. 336 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. 336 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. 336 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.