Bill Text: NY A02600 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to severely or repeatedly abused children in child protective and parental termination proceedings.

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Passed) 2013-10-23 - signed chap.430 [A02600 Detail]

Download: New_York-2013-A02600-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2600
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S  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    S 3. This act shall take effect immediately.