Bill Text: NY S04082 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to severely or repeatedly abused children in child protective and parental termination proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-01 - SUBSTITUTED BY A2600 [S04082 Detail]
Download: New_York-2013-S04082-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4082 2013-2014 Regular Sessions I N S E N A T E March 7, 2013 ___________ Introduced by Sen. FELDER -- (at request of the Office of Court Adminis- tration) -- 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 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, 22 subparagraph (ii) of paragraph (a) as added and subparagraph (i) of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03051-01-3 S. 4082 2 1 paragraph (b) as amended by chapter 7 of the laws of 1999, are amended 2 to read as follows: 3 (ii) the child has been found to be an abused child, as defined in 4 paragraph (iii) of subdivision (e) of section ten hundred twelve of the 5 family court act, as a result of such parent's acts; provided, however, 6 the respondent must have committed or knowingly allowed to be committed 7 a felony sex offense as defined in sections 130.25, 130.30, 130.35, 8 130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75 [and], 130.80, 9 130.95 AND 130.96 of the penal law and, for the purposes of this section 10 the corroboration requirements contained in the penal law shall not 11 apply to proceedings under this section; or 12 (i) the child has been found to be an abused child, (A) as defined in 13 paragraph (i) of subdivision (e) of section ten hundred twelve of the 14 family court act, as a result of such parent's acts; or (B) as defined 15 in paragraph (iii) of subdivision (e) of section ten hundred twelve of 16 the family court act, as a result of such parent's acts; provided, 17 however, the respondent must have committed or knowingly allowed to be 18 committed a felony sex offense as defined in sections 130.25, 130.30, 19 130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75 [and], 20 130.80, 130.95 AND 130.96 of the penal law; and 21 S 3. This act shall take effect immediately.