Bill Text: NY S03026 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Relates to the permanent termination of parental rights for reason of mental illness or mental retardation.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S03026 Detail]

Download: New_York-2011-S03026-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3026
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2011
                                      ___________
       Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the social services law, in relation  to  the  permanent
         termination  of parental rights for reason of mental illness or mental
         retardation; and to repeal subdivision  6  of  section  384-b  of  the
         social services law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 384-b of the social services  law,
    2  as  added  by chapter 666 of the laws of 1976, paragraphs (b) and (c) as
    3  amended by chapter 284 of the laws of 1981, paragraph (d) as amended  by
    4  chapter 739 of the laws of 1981, and paragraph (e) as amended by section
    5  56  of  part  A  of chapter 3 of the laws of 2005, is amended to read as
    6  follows:
    7    4. An order committing the guardianship and custody of a child  pursu-
    8  ant  to  this  section  shall  be  granted  only upon one or more of the
    9  following grounds:
   10    (a) Both parents of the child are dead, and no guardian of the  person
   11  of such child has been lawfully appointed; or
   12    (b)  The parent or parents, whose consent to the adoption of the child
   13  would otherwise be required in accordance with section one hundred elev-
   14  en of the domestic relations law, abandoned such child for the period of
   15  six months immediately prior to the date on which the petition is  filed
   16  in the court; or
   17    (c) [The parent or parents, whose consent to the adoption of the child
   18  would otherwise be required in accordance with section one hundred elev-
   19  en  of the domestic relations law, are presently and for the foreseeable
   20  future unable, by reason of mental illness  or  mental  retardation,  to
   21  provide proper and adequate care for a child who has been in the care of
   22  an authorized agency for the period of one year immediately prior to the
   23  date on which the petition is filed in the court; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00359-01-1
       S. 3026                             2
    1    (d)] The child is a permanently neglected child; or
    2    [(e)]  (D) The parent or parents, whose consent to the adoption of the
    3  child would otherwise be required in accordance with section one hundred
    4  eleven of the domestic relations law, severely or repeatedly abused such
    5  child. Where a court has determined that reasonable efforts  to  reunite
    6  the child with his or her parent are not required, pursuant to the fami-
    7  ly court act or this chapter, a petition to terminate parental rights on
    8  the  ground  of severe abuse as set forth in subparagraph (iii) of para-
    9  graph (a) of subdivision eight of this section may be filed  immediately
   10  upon such determination.
   11    S  2.  Subdivision  6  of  section 384-b of the social services law is
   12  REPEALED.
   13    S 3. This act shall take effect immediately.