Bill Text: NY A04372 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides a process for the termination of parental rights in cases of a child conceived through rape by clear and convincing evidence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A04372 Detail]
Download: New_York-2017-A04372-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4372 2017-2018 Regular Sessions IN ASSEMBLY February 2, 2017 ___________ Introduced by M. of A. BRAUNSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the penal law, the domestic relations law and the family court act, in relation to termination of parental rights in cases of a child conceived through rape The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 130.92 of the penal law is amended by adding a new 2 subdivision 4 to read as follows: 3 4. The parental rights and responsibilities with respect to a child of 4 a parent convicted of the crime of rape in the first degree as defined 5 in section 130.35 of this article, rape in the second degree as defined 6 in section 130.30 of this article, or rape in the third degree as 7 defined in section 130.25 of this article, that resulted in the 8 conception of such child shall be terminated in accordance with article 9 six of the family court act. 10 § 2. Subdivision 1 of section 111-a of the domestic relations law, as 11 amended by chapter 371 of the laws of 2013, is amended to read as 12 follows: 13 1. Notwithstanding any inconsistent provisions of this or any other 14 law, and in addition to the notice requirements of any law pertaining to 15 persons other than those specified in subdivision two of this section, 16 notice as provided herein shall be given to the persons specified in 17 subdivision two of this section of any adoption proceeding initiated 18 pursuant to this article or of any proceeding initiated pursuant to 19 section one hundred fifteen-b of this article relating to the revocation 20 of an adoption consent, when such proceeding involves a child born out- 21 of-wedlock provided, however, that such notice shall not be required to 22 be given to any person who previously has been given notice of any 23 proceeding involving the child, pursuant to section three hundred eight- 24 y-four-c of the social services law, and provided further that notice in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01754-02-7A. 4372 2 1 an adoption proceeding, pursuant to this section shall not be required 2 to be given to any person who has previously received notice of any 3 proceeding pursuant to section one hundred fifteen-b of this article. In 4 addition to such other requirements as may be applicable to the petition 5 in any proceeding in which notice must be given pursuant to this 6 section, the petition shall set forth the names and last known addresses 7 of all persons required to be given notice of the proceeding, pursuant 8 to this section, and there shall be shown by the petition or by affida- 9 vit or other proof satisfactory to the court that there are no persons 10 other than those set forth in the petition who are entitled to notice. 11 For the purpose of determining persons entitled to notice of adoption 12 proceedings initiated pursuant to this article, persons specified in 13 subdivision two of this section shall not include any person who has 14 been convicted of one or more of the following sexual offenses in this 15 state or convicted of one or more offenses in another jurisdiction 16 which, if committed in this state, would constitute one or more of the 17 following offenses, where it is established after a hearing, by clear 18 and convincing evidence, that such person committed any such offense or 19 when the child who is the subject of the proceeding was conceived as a 20 result: (A) rape in first [or], second or third degree; (B) course of 21 sexual conduct against a child in the first degree; (C) predatory sexual 22 assault; or (D) predatory sexual assault against a child. 23 § 3. Paragraph (b) of subdivision 1-c of section 240 of the domestic 24 relations law, as amended by chapter 371 of the laws of 2013, is amended 25 to read as follows: 26 (b) Notwithstanding any other provision of this chapter to the contra- 27 ry, there shall be a rebuttable presumption that it is not in the best 28 interests of the child, whether born in or out-of-wedlock, to be placed 29 in the custody of or to visit with a person who has been convicted of 30 one or more of the following sexual offenses in this state or convicted 31 of one or more offenses in another jurisdiction which, if committed in 32 this state, would constitute one or more of the following offenses, when 33 a child who is the subject of the proceeding was conceived as a result: 34 (A) rape in the first or second degree; (B) course of sexual conduct 35 against a child in the first degree; (C) predatory sexual assault; or 36 (D) predatory sexual assault against a child. 37 § 4. Subdivision 5 of section 240 of the domestic relations law, as 38 added by section 103 of chapter 398 of the laws of 1997, is renumbered 39 subdivision 6 and a new subdivision 7 is added to read as follows: 40 7. Notwithstanding any other provision of any law to the contrary, no 41 court shall award custody to a parent who has been charged with violat- 42 ing section 130.25 (rape in the third degree), 130.30 (rape in the 43 second degree), or 130.35 (rape in the first degree) of the penal law, 44 where the child that such parent seeks custody or visitation of was 45 conceived as a result of such rape, until the conclusion of all 46 proceedings associated with such charges. Neither custody nor visitation 47 shall be awarded to a parent who has been convicted of violating section 48 130.25 (rape in the third degree), 130.30 (rape in the second degree), 49 or 130.35 (rape in the first degree) of the penal law. 50 § 5. Article 6 of the family court act is amended by adding a new part 51 6 to read as follows: 52 PART 6 53 TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY 54 RAPEA. 4372 3 1 Section 681. Termination of parental rights upon a finding of conception 2 by rape. 3 682. Hearing. 4 § 681. Termination of parental rights upon a finding of conception by 5 rape. 1. A proceeding for termination of parental rights on the grounds 6 of a finding of conception by rape is originated by a petition alleging 7 that the respondent committed the crime of rape in the first degree as 8 defined in section 130.35, rape in the second degree as defined in 9 section 130.30, or rape in the third degree as defined in section 130.25 10 of the penal law, and that the child was conceived as a result of such 11 rape. Except as otherwise provided in this part, the provisions of part 12 one of this article shall apply to all proceedings. 13 2. At the conclusion of the hearing under section six hundred eighty- 14 two of this part the court may terminate all of the parental rights and 15 responsibilities of the respondent if the respondent is found by clear 16 and convincing evidence to have committed rape in the first degree as 17 defined in section 130.35, rape in the second degree as defined in 18 section 130.30 or rape in the third degree as defined in section 130.25 19 of the penal law, and the child was conceived as a result of such act. 20 An order of disposition shall be made, pursuant to this section, solely 21 on the basis of the best interests of the child, and there shall be no 22 presumption that such interests will be promoted by any particular 23 disposition. 24 § 682. Hearing. The court shall hold a hearing under this part to 25 determine whether the allegations in the petition that the respondent 26 committed rape in the first degree as defined in section 130.35, rape in 27 the second degree as defined in section 130.30 or rape in the third 28 degree as defined in section 130.25 of the penal law, and that the child 29 was conceived as a result of such act are supported by clear and 30 convincing proof. Only competent, material and relevant evidence may be 31 admitted in a hearing pursuant to this section. A conviction of the 32 respondent on the charges alleged shall not be required for a finding 33 under this section. 34 § 6. This act shall take effect immediately.
