Bill Text: NY S07334 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the permanent termination of parental rights for reason of developmental disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-13 - REFERRED TO CHILDREN AND FAMILIES [S07334 Detail]

Download: New_York-2013-S07334-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7334
                                   I N  S E N A T E
                                     May 13, 2014
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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 developmental disabili-
         ties; and to repeal subdivision 6 of section 384-b of such law  relat-
         ing 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
   24    (d)] The child is a permanently neglected child; or
   25    [(e)] (D) The parent or parents, whose consent to the adoption of  the
   26  child would otherwise be required in accordance with section one hundred
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15021-01-4
       S. 7334                             2
    1  eleven of the domestic relations law, severely or repeatedly abused such
    2  child.  Where  a court has determined that reasonable efforts to reunite
    3  the child with his or her parent are not required, pursuant to the fami-
    4  ly court act or this chapter, a petition to terminate parental rights on
    5  the  ground  of severe abuse as set forth in subparagraph (iii) of para-
    6  graph (a) of subdivision eight of this section may be filed  immediately
    7  upon such determination.
    8    S  2.  Subdivision  6  of  section 384-b of the social services law is
    9  REPEALED.
   10    S 3. This act shall take effect immediately.