Bill Text: NY S07582 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to severely or repeatedly abused children in child protective and parental termination proceedings.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-05 - REFERRED TO RULES [S07582 Detail]
Download: New_York-2011-S07582-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7582
I N S E N A T E
June 5, 2012
___________
Introduced by Sen. SALAND -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
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
23 paragraph (b) as amended by chapter 7 of the laws of 1999, are amended
24 to read as follows:
25 (ii) the child has been found to be an abused child, as defined in
26 paragraph (iii) of subdivision (e) of section ten hundred twelve of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14892-01-2
S. 7582 2
1 family court act, as a result of such parent's acts; provided, however,
2 the respondent must have committed or knowingly allowed to be committed
3 a felony sex offense as defined in sections 130.25, 130.30, 130.35,
4 130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75 [and], 130.80,
5 130.95 AND 130.96 of the penal law and, for the purposes of this section
6 the corroboration requirements contained in the penal law shall not
7 apply to proceedings under this section; or
8 (i) the child has been found to be an abused child, (A) as defined in
9 paragraph (i) of subdivision (e) of section ten hundred twelve of the
10 family court act, as a result of such parent's acts; or (B) as defined
11 in paragraph (iii) of subdivision (e) of section ten hundred twelve of
12 the family court act, as a result of such parent's acts; provided,
13 however, the respondent must have committed or knowingly allowed to be
14 committed a felony sex offense as defined in sections 130.25, 130.30,
15 130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75 [and],
16 130.80, 130.95 AND 130.96 of the penal law; and
17 S 3. This act shall take effect immediately.
