Senate Bill S1338

2009-2010 Legislative Session

Provides for transfer of guardianship and custody of infants abandoned pursuant to the abandoned infant protection act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1338 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§1012, 1042 & 1055, add §§1031-a, 1051-a & 1061-a, Fam Ct Act; amd §111, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1538
2013-2014: S1904

2009-S1338 (ACTIVE) - Summary

Provides procedures for the care and custody of infants determined to be abandoned; creates process to facilitate freeing abandoned infants for adoption if a parent does not claim custody within statutory period.

2009-S1338 (ACTIVE) - Sponsor Memo

2009-S1338 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1338

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  SKELOS -- 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 domestic relations law,  in
  relation to abandoned infants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 1012 of the family court act is amended by  adding
a new subdivision (f-1) to read as follows:
  (F-1)  A CHILD IS AN "ABANDONED INFANT" WHEN THE COURT ENTERS AN ORDER
PURSUANT TO SECTION ONE THOUSAND FIFTY-ONE-A OF THIS ARTICLE  THAT  SUCH
CHILD  IS NOT MORE THAN FIVE DAYS OLD AND HAS BEEN LEFT BY A PARENT IN A
MANNER WHICH INDICATES INTENT TO SURRENDER AND RELINQUISH ALL  RESPONSI-
BILITY FOR THE CARE OF SUCH CHILD.
  S  2.  Paragraph (ii) of subdivision (f) of section 1012 of the family
court act, as amended by chapter 666 of the laws of 1976, is amended  to
read as follows:
  (ii)  who  has  been  abandoned, in accordance with the definition and
other criteria set forth in subdivision five of  section  three  hundred
eighty-four-b of the social services law, by his OR HER parents or other
person legally responsible for his OR HER care, BUT SHALL NOT INCLUDE AN
ABANDONED INFANT AS DEFINED IN SUBDIVISION (F-1) OF THIS SECTION.
  S  3.  Subdivision  (j)  of  section  1012 of the family court act, as
amended by section 3 of part B of chapter 3 of  the  laws  of  2005,  is
amended to read as follows:
  (j)  "Aggravated  circumstances"  means  where a child has been either
severely or repeatedly  abused,  as  defined  in  subdivision  eight  of
section three hundred eighty-four-b of the social services law; OR WHERE
A  CHILD  HAS  BEEN  DETERMINED  TO  BE  AN ABANDONED INFANT PURSUANT TO
SECTION ONE THOUSAND FIFTY-ONE-A OF THIS ARTICLE; or where a  child  has
subsequently  been  found to be an abused child, as defined in paragraph
(i) or (iii) of subdivision (e) of this section, within five years after

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03413-01-9
              

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