Senate Bill S2835

2009-2010 Legislative Session

Relates to the permanent termination of parental rights for reason of mental illness or mental retardation; repealer

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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-S2835 (ACTIVE) - Details

See Assembly Version of this Bill:
A6668
Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amc §384-b, rpld §384-b sub 6, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3026
2013-2014: S7334
2015-2016: S3660
2017-2018: S735

2009-S2835 (ACTIVE) - Summary

Relates to the permanent termination of parental rights for reason of mental illness or mental retardation.

2009-S2835 (ACTIVE) - Sponsor Memo

2009-S2835 (ACTIVE) - Bill Text download pdf

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

                                  2835

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sens. HUNTLEY, MONTGOMERY, HASSELL-THOMPSON, MONSERRATE,
  OPPENHEIMER -- 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 mental illness or  mental
  retardation;  and  to  repeal  subdivision  6  of section 384-b of the
  social services law relating thereto

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

  Section  1. Subdivision 4 of section 384-b of the social services law,
as added by chapter 666 of the laws of 1976, paragraphs (b) and  (c)  as
amended  by chapter 284 of the laws of 1981, paragraph (d) as amended by
chapter 739 of the laws of 1981, and paragraph (e) as amended by section
56 of part A of chapter 3 of the laws of 2005, is  amended  to  read  as
follows:
  4.  An order committing the guardianship and custody of a child pursu-
ant to this section shall be granted  only  upon  one  or  more  of  the
following grounds:
  (a)  Both parents of the child are dead, and no guardian of the person
of such child has been lawfully appointed; or
  (b) The parent or parents, whose consent to the adoption of the  child
would otherwise be required in accordance with section one hundred elev-
en of the domestic relations law, abandoned such child for the period of
six  months immediately prior to the date on which the petition is filed
in the court; or
  (c) [The parent or parents, whose consent to the adoption of the child
would otherwise be required in accordance with section one hundred elev-
en of the domestic relations law, are presently and for the  foreseeable
future  unable,  by  reason  of mental illness or mental retardation, to
provide proper and adequate care for a child who has been in the care of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09454-01-9

              

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