S T A T E O F N E W Y O R K
________________________________________________________________________
6092--D
2009-2010 Regular Sessions
I N A S S E M B L Y
February 25, 2009
___________
Introduced by M. of A. PAULIN, WRIGHT, SCARBOROUGH, HEASTIE, PRETLOW,
HYER-SPENCER, PHEFFER, CARROZZA, EDDINGTON, GUNTHER, ROSENTHAL,
FIELDS, HOOPER, GALEF, CLARK, JAFFEE, BRADLEY, SCHIMMINGER, ZEBROWSKI,
ABBATE, WEISENBERG, BRODSKY, SPANO, KELLNER, MAISEL, KAVANAGH, ROBIN-
SON, LATIMER, CALHOUN -- Multi-Sponsored by -- M. of A. ALESSI, ALFA-
NO, BENEDETTO, BING, BOYLAND, CAHILL, CHRISTENSEN, DelMONTE, DESTITO,
DINOWITZ, ENGLEBRIGHT, FARRELL, GORDON, GOTTFRIED, HEVESI, HOYT,
V. LOPEZ, LUPARDO, MAGEE, MARKEY, MAYERSOHN, McENENY, MENG, MILLMAN,
ORTIZ, SCHIMEL, STIRPE, SWEENEY -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the family court act, the social services law and the
penal law, in relation to abandoned infants; and to repeal section
260.03 of the penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (ii) of subdivision (f) and subdivision (j) of
section 1012 of the family court act, paragraph (ii) of subdivision (f)
as amended by chapter 666 of the laws of 1976 and subdivision (j) as
amended by section 3 of part B of chapter 3 of the laws of 2005, are
amended and a new subdivision (l) is added 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 parents or other person
legally responsible for his care, BUT SHALL NOT INCLUDE AN ABANDONED
INFANT AS DEFINED IN SUBDIVISION (L) OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07069-15-9
A. 6092--D 2
(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 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 return home following placement in foster care as a result
of being found to be a neglected child, as defined in subdivision (f) of
this section, provided that the respondent or respondents in each of the
foregoing proceedings was the same; or where the court finds by clear
and convincing evidence that the parent of a child in foster care has
refused and has failed completely, over a period of at least six months
from the date of removal, to engage in services necessary to eliminate
the risk of abuse or neglect if returned to the parent, and has failed
to secure services on his or her own or otherwise adequately prepare for
the return home and, after being informed by the court that such an
admission could eliminate the requirement that the local department of
social services provide reunification services to the parent, the parent
has stated in court under oath that he or she intends to continue to
refuse such necessary services and is unwilling to secure such services
independently or otherwise prepare for the child's return home;
provided, however, that if the court finds that adequate justification
exists for the failure to engage in or secure such services, including
but not limited to a lack of child care, a lack of transportation, and
an inability to attend services that conflict with the parent's work
schedule, such failure shall not constitute an aggravated circumstance;
or where a court has determined a child [five] THIRTY days old or young-
er was abandoned by a parent with an intent to wholly abandon such child
and with the intent that the child be safe from physical injury and
cared for in an appropriate manner.
(L) "ABANDONED INFANT" MEANS A CHILD WHO HAS BEEN LEFT BY HIS OR HER
PARENT WHEN THIRTY DAYS OLD OR YOUNGER, IN A MANNER THAT INDICATED THE
PARENT'S INTENT TO WHOLLY ABANDON SUCH CHILD BY RELINQUISHING AND FORE-
GOING RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH
CHILD WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND
CARED FOR IN AN APPROPRIATE MANNER.
S 2. The family court act is amended by adding a new section 1031-a to
read as follows:
S 1031-A. ABANDONED INFANTS, PRELIMINARY PROCEDURE. (A) UPON RECEIPT
OF NOTICE THAT A CHILD WHO APPEARS TO BE AN ABANDONED INFANT HAS BEEN
FOUND IN THE JURISDICTION OF THE LOCAL SOCIAL SERVICES DISTRICT, THE
LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL IMMEDIATELY TAKE PROTECTIVE
CUSTODY OF THE CHILD PURSUANT TO SECTION ONE THOUSAND TWENTY-FOUR OF
THIS ARTICLE UNTIL FURTHER ORDER OF THE COURT.
(B) A PROCEEDING TO DETERMINE WHETHER A CHILD IS AN ABANDONED INFANT
PURSUANT TO SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF THIS ARTI-
CLE SHALL BE COMMENCED BY SUCH LOCAL COMMISSIONER FORTHWITH. THE PETI-
TION FOR SUCH PROCEEDING SHALL:
(I) ALLEGE THE LOCATION AND DATE OF AND THE CIRCUMSTANCES BY WHICH IT
IS ALLEGED THAT THE CHILD WAS ABANDONED; AND
(II) ALLEGE THAT UPON INFORMATION AND BELIEF, THE CHILD IN QUESTION
WAS THIRTY DAYS OLD OR YOUNGER WHEN FOUND.
(C) THE COURT UPON RECEIPT OF THE PETITION SHALL APPOINT AN ATTORNEY
FOR THE CHILD TO REPRESENT THE CHILD ALLEGED TO BE AN ABANDONED INFANT.
(D) IF THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, THE COURT
UPON RECEIPT OF THE PETITION SHALL HOLD A HEARING TO DETERMINE WHETHER
THE CHILD APPEARS TO HAVE BEEN ABANDONED IN ACCORDANCE WITH THE DEFI-
A. 6092--D 3
NITION OF ABANDONED INFANT PROVIDED IN SUBDIVISION (1) OF SECTION ONE
THOUSAND TWELVE OF THIS ARTICLE.
(I) AT SUCH HEARING, IF THE COURT DETERMINES THAT THE CIRCUMSTANCES OF
THE ABANDONMENT MEET THE DEFINITION OF ABANDONED INFANT IN SUBDIVISION
(1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, THE COURT SHALL:
(A) ORDER THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL NOT BE
REQUIRED TO COMMENCE A DILIGENT SEARCH TO LOCATE THE PARENT OR PARENTS
OR OTHER RELATIVES OF THE CHILD; AND
(B) REQUIRE THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CAUSE NOTICE
OF THE PROCEEDING TO BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION (A) OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE LAW
AND RULES IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND, AT LEAST ONCE IN
EACH OF THREE SUCCESSIVE WEEKS. SERVICE BY PUBLICATION IS COMPLETE ON
THE TWENTY-FIRST DAY AFTER THE DAY OF THE FIRST PUBLICATION. THE NOTICE
SHALL STATE:
(1) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
(2) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND;
(3) A DESCRIPTION OF THE INFANT INCLUDING ITS APPROXIMATE DATE OF
BIRTH;
(4) THAT UPON FAILURE OF THE PARENT TO APPEAR, THE CHILD MAY BE DEEMED
AN ABANDONED INFANT PURSUANT TO SUBDIVISION (L) OF SECTION ONE THOUSAND
TWELVE OF THIS ARTICLE AND PLACED INTO THE CARE AND CUSTODY OF THE
COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT IN THE PARENT'S
ABSENCE; AND
(5) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR INFORMATION
REGARDING SUCH CHILD.
(II) IN DETERMINING WHETHER REMOVAL OR CONTINUING THE REMOVAL OF A
CHILD IS NECESSARY TO AVOID IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH,
THE COURT SHALL CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION
IN THE CHILD'S HOME WOULD BE CONTRARY TO THE BEST INTERESTS OF THE CHILD
AND WHERE APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE
DATE OF THE HEARING HELD UNDER THIS SUBDIVISION TO PREVENT OR ELIMINATE
THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME AND, IF THE CHILD WAS
REMOVED FROM HIS OR HER HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER
THIS SUBDIVISION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS WERE MADE
TO MAKE IT POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME. IF THE COURT
DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR ELIMINATE THE NEED FOR
REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE BUT THAT THE LACK OF
SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUMSTANCES, THE COURT ORDER
SHALL INCLUDE SUCH A FINDING.
(E) IF A PERSON CLAIMING TO BE A PARENT OF THE CHILD IN QUESTION WHO
IS ALLEGED TO BE AN ABANDONED INFANT, COMES FORWARD, THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES SHALL:
(I) PROVIDE WRITTEN NOTIFICATION TO THE COURT AND THE ATTORNEY FOR THE
CHILD FORTHWITH; AND
(II) CAUSE A TEST TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY OF
THE PERSONS CLAIMING TO BE THE MOTHER OR FATHER OF THE CHILD IN QUES-
TION; AND IF MATERNITY OR PATERNITY IS CONFIRMED, NOTIFY THE COURT WHICH
SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE OF SECTION ONE
THOUSAND THIRTY-FOUR OF THIS PART. THE EXISTING ORDER OF CUSTODY OF THE
CHILD TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL CONTINUE PEND-
ING THE RESULT OF THE INVESTIGATION.
(A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
ONE THOUSAND TWELVE OF THIS ARTICLE TO FILE A PETITION TO DETERMINE
ABUSE OR NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THIS
A. 6092--D 4
PART, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE SUCH PETITION
WITHIN THREE COURT DAYS OF THE COMPLETION OF THE INVESTIGATION. THE
PARENT OR PARENTS SHALL BE INFORMED OF THE DATE AND THE TIME THAT THE
PETITION SHALL BE FILED, THE ADDRESS OF THE COURT WHERE THE PETITION
SHALL BE FILED, OF THE RIGHT OF THE PARENT TO BE PRESENT AT ANY HEARING
HELD THEREON AND OF THE RIGHT TO BE REPRESENTED BY COUNSEL, INCLUDING
PROCEDURES FOR OBTAINING COUNSEL IF INDIGENT. UPON SUCH FILING, A HEAR-
ING PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN OF THIS ARTICLE SHALL
BE HELD FORTHWITH.
(B) IF NO SUCH GROUNDS EXIST, THE COURT SHALL DISMISS THE PETITION AND
ORDER THAT THE CHILD BE RETURNED TO HIS OR HER PARENT OR PARENTS.
S 3. Subdivision (a) of section 1039-b of the family court act, as
added by chapter 7 of the laws of 1999, is amended to read as follows:
(a) In conjunction with, or at any time subsequent to, the filing of a
petition under section [ten hundred] ONE THOUSAND thirty-one of this
[chapter] PART, the social services official may file a motion upon
notice requesting a finding that reasonable efforts to return the child
to his or her home are no longer required.
S 4. Subdivision (a) of section 1041 of the family court act, as
amended by chapter 1015 of the laws of 1972, is amended to read as
follows:
(a) that the parent or other person legally responsible for the
child's care is present at the hearing and has been served with a copy
of the petition, UNLESS THE CHILD IS ALLEGED TO BE AN ABANDONED INFANT
PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE, IN WHICH
EVENT, THE PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH (I) OF SUBDIVI-
SION (D) OF SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE SHALL
APPLY; or
S 5. Section 1044 of the family court act, as added by chapter 962 of
the laws of 1970, is amended to read as follows:
S 1044. Definition of "fact-finding hearing". When used in this arti-
cle, "fact-finding hearing" means a hearing to determine whether the
child is an abused or neglected child OR AN ABANDONED INFANT as defined
by this article.
S 6. The family court act is amended by adding a new section 1051-a to
read as follows:
S 1051-A. SUSTAINING OR DISMISSING A PETITION ALLEGING A CHILD IS AN
ABANDONED INFANT. (A) AT THE FACT FINDING HEARING SCHEDULED PURSUANT TO
SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE, THE COURT SHALL
DETERMINE THAT THE CHILD IS AN ABANDONED INFANT AND SUSTAIN THE PETITION
FILED UNDER SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE IF FACTS
SUFFICIENT TO CONSTITUTE CLEAR AND CONVINCING EVIDENCE ARE ESTABLISHED
TO FIND THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND
THAT THE CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER PARENT'S
INTENT TO WHOLLY ABANDON SUCH CHILD BY RELINQUISHING AND FOREGOING
RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH
THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN
AN APPROPRIATE MANNER. FOR PURPOSES OF FINDING THAT THE CHILD WAS THIRTY
DAYS OLD OR YOUNGER WHEN ABANDONED, AN AFFIDAVIT OR OTHER OFFICIAL
RECORD OF A DETERMINATION OF A QUALIFIED HEALTH CARE PRACTITIONER,
LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING
WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE WHO EXAMINED THE CHILD THAT
SUCH CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE DATE OF
BIRTH OF THE CHILD, TO A REASONABLE DEGREE OF MEDICAL CERTAINTY; AN
AFFIDAVIT OR OFFICIAL RECORD, INCLUDING A POLICE REPORT OR TESTIMONY
REGARDING THE MANNER OF THE ABANDONMENT OF THE CHILD; AND AN AFFIDAVIT
A. 6092--D 5
OR OFFICIAL RECORD OF THE RESULT OF THE INQUIRIES MADE TO THE PUTATIVE
FATHER REGISTRY AND TO LOCAL LAW ENFORCEMENT OFFICIALS REGARDING A MISS-
ING PERSON REPORT, SHALL BE SUFFICIENT EVIDENCE OF THE CHILD'S AGE AND
DATE OF BIRTH AND THE INTENT TO WHOLLY ABANDON THE CHILD.
(B) IF THE COURT SUSTAINS THE PETITION AND FINDS THAT THE CHILD IS AN
ABANDONED INFANT, THE COURT SHALL DETERMINE AND FIND AND SHALL STATE IN
ITS ORDER:
(I) THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED TO A
REASONABLE DEGREE OF MEDICAL CERTAINTY;
(II) THE DATE THE CHILD WAS BORN, TO A REASONABLE DEGREE OF MEDICAL
CERTAINTY;
(III) THAT THE CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER
PARENT'S INTENT TO WHOLLY ABANDON THE CHILD BY RELINQUISHING AND FOREGO-
ING RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD
WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED
FOR IN AN APPROPRIATE MANNER;
(IV) THAT BASED UPON THE FINDINGS OF PARAGRAPHS (I) AND (III) OF THIS
SUBDIVISION, AGGRAVATED CIRCUMSTANCES WITHIN THE MEANING OF SUBDIVISION
(J) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE EXIST; AND
(V) THAT BASED UPON SUCH FINDING OF AGGRAVATED CIRCUMSTANCES, REASON-
ABLE EFFORTS TO RETURN THE CHILD TO HIS OR HER HOME ARE NOT REQUIRED.
(C) IF FACTS SUFFICIENT TO SUSTAIN THE PETITION ARE NOT ESTABLISHED
DUE TO A DETERMINATION THAT EITHER THE CHILD WAS OLDER THAN THIRTY DAYS
AT THE TIME OF ABANDONMENT OR THE CHILD IS NOT OTHERWISE AN ABANDONED
INFANT AS PROVIDED IN THIS SECTION, THE COURT SHALL CONVERT THE PETITION
TO A PROCEEDING TO DETERMINE ABUSE OR NEGLECT PURSUANT TO SECTION ONE
THOUSAND THIRTY-ONE OF THIS ARTICLE AND SHALL STATE ON THE RECORD THE
GROUNDS FOR THE CONVERSION.
(I) THE COURT SHALL DETERMINE WHETHER TEMPORARY CUSTODY OF THE CHILD
TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL CONTINUE UNTIL
FURTHER ORDER OF THE COURT. IN DETERMINING WHETHER REMOVAL OR CONTINUING
THE REMOVAL OF A CHILD IS NECESSARY TO AVOID IMMINENT RISK TO THE
CHILD'S LIFE OR HEALTH, THE COURT SHALL CONSIDER AND DETERMINE IN ITS
ORDER WHETHER CONTINUATION IN THE CHILD'S HOME WOULD BE CONTRARY TO THE
BEST INTERESTS OF THE CHILD AND WHERE APPROPRIATE, WHETHER REASONABLE
EFFORTS WERE MADE PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVI-
SION (A) OF THIS SECTION TO PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF
THE CHILD FROM THE HOME AND, IF THE CHILD WAS REMOVED FROM HIS OR HER
HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVISION (A) OF THIS
SECTION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS WERE MADE TO MAKE IT
POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME.
(II) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR
ELIMINATE THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE
BUT THAT THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUM-
STANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING.
(D) AT THE CONCLUSION OF THE DISPOSITIONAL HEARING THAT SHALL BE
COMMENCED IMMEDIATELY UPON COMPLETION OF THE FACT-FINDING HEARING WHEN
THE PETITION HAS BEEN SUSTAINED, THE COURT SHALL ENTER AN ORDER OF
DISPOSITION:
(I) PLACING THE CHILD IN THE CUSTODY OF THE LOCAL COMMISSIONER OF
SOCIAL SERVICES, WHO SHALL MAKE REASONABLE EFFORTS TO PLACE THE CHILD
INTO A PRE-ADOPTIVE HOME, IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ONE THOUSAND FIFTY-FIVE OF THIS PART, UPON A DETERMINATION THAT:
(A) CONTINUATION IN THE CHILD'S HOME WOULD BE CONTRARY TO THE BEST
INTERESTS OF THE CHILD; AND
A. 6092--D 6
(B) WHERE THE COURT HAS DETERMINED THAT THE PARENT OF SUCH CHILD HAS
SUBJECTED THE CHILD TO AGGRAVATED CIRCUMSTANCES, AS DEFINED IN SUBDIVI-
SION (J) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, REASONABLE
EFFORTS TO PREVENT OR ELIMINATE THE NEED FOR REMOVING THE CHILD FROM THE
HOME OF THE CHILD OR TO MAKE IT POSSIBLE FOR THE CHILD TO RETURN SAFELY
TO HIS OR HER HOME ARE NOT REQUIRED;
(II) REQUIRING THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO COMMENCE A
PROCEEDING TO COMMIT THE GUARDIANSHIP AND CUSTODY OF SUCH CHILD TO AN
AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE
SOCIAL SERVICES LAW WITHIN SIXTY DAYS; AND
(III) IF THE INITIAL PERMANENCY HEARING HAS NOT BEEN HELD, SETTING A
DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSUANT TO PARAGRAPH ONE
OF SUBDIVISION (B) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT.
S 7. Paragraph (i) of subdivision (a) of section 1055 of the family
court act, as amended by chapter 519 of the laws of 2008, is amended to
read as follows:
(i) For purposes of section one thousand fifty-two of this part the
court may place the child in the custody of a relative or other suitable
person pursuant to this article, or of the local commissioner of social
services or of such other officer, board or department as may be author-
ized to receive children as public charges, or a duly authorized associ-
ation, agency, society or in an institution suitable for the placement
of a child. The court may also place the child in the custody of the
local commissioner of social services and may direct such commissioner
to have the child reside with a relative or other suitable person who
has indicated a desire to become a foster parent for the child and
further direct such commissioner, pursuant to regulations of the office
of children and family services, to commence an investigation of the
home of such relative or other suitable person within twenty-four hours
and thereafter expedite approval or certification of such relative or
other suitable person, if qualified, as a foster parent. If such home is
found to be unqualified for approval or certification, the local commis-
sioner shall report such fact to the court forthwith so that the court
may make a placement determination that is in the best interests of the
child. FOR PURPOSES OF SECTION ONE THOUSAND FIFTY-ONE-A OF THIS PART,
THE COURT MAY PLACE THE CHILD IN THE CUSTODY OF THE LOCAL COMMISSIONER
OF SOCIAL SERVICES OR OF SUCH OTHER OFFICER, BOARD OR DEPARTMENT AS MAY
BE AUTHORIZED TO RECEIVE CHILDREN AS PUBLIC CHARGES, OR A DULY AUTHOR-
IZED ASSOCIATION, AGENCY, SOCIETY OR IN AN INSTITUTION SUITABLE FOR THE
PLACEMENT OF A CHILD.
S 8. Paragraph (ii) of subdivision (b) of section 1055 of the family
court act, as amended by section 18 of part A of chapter 3 of the laws
of 2005, is amended to read as follows:
(ii) (A) Upon placing a child under the age of one, who has been aban-
doned AS DEFINED IN PARAGRAPH (II) OF SUBDIVISION (F) OF SECTION ONE
THOUSAND TWELVE OF THIS ARTICLE, with a local commissioner of social
services, the court shall, where either of the parents do not appear
after due notice, include in its order of disposition pursuant to
section one thousand fifty-two of this part, a direction that such
commissioner shall promptly commence a diligent search to locate the
child's non-appearing parent or parents or other known relatives who are
legally responsible for the child, and to commence a proceeding to
commit the guardianship and custody of such child to an authorized agen-
cy pursuant to section three hundred eighty-four-b of the social
services law, six months from the date that care and custody of the
child was transferred to the LOCAL commissioner, unless there has been
A. 6092--D 7
communication and visitation between such child and such parent or
parents or other known relatives or persons legally responsible for the
child. In addition to such diligent search, the local commissioner of
social services shall provide written notice to the child's parent or
parents or other known relatives or persons legally responsible as
provided for in this paragraph. Such notice shall be served upon such
parent or parents or other known relatives or persons legally responsi-
ble in the manner required for service of process pursuant to section
six hundred seventeen of this act. Information regarding such diligent
search, including, but not limited to, the name, last known address,
social security number, employer's address and any other identifying
information to the extent known regarding the non-appearing parent,
shall be recorded in the uniform case record maintained pursuant to
section four hundred nine-f of the social services law.
(B) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO AN ABANDONED
INFANT, AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF
THIS ARTICLE.
S 9. Subparagraph (i) of paragraph 1 of subdivision (b) of section
1089 of the family court act, as amended by chapter 437 of the laws of
2006, is amended to read as follows:
(i) the child's parent, including any non-respondent parent, unless
the parental rights of the parent have been terminated or surrendered,
OR UNLESS THE CHILD HAS BEEN ALLEGED OR FOUND TO BE AN ABANDONED INFANT
PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ACT AND THE IDEN-
TITY OF THE PARENT OR PARENTS IS UNKNOWN, and any other person legally
responsible for the child's care at the most recent address or addresses
known to the local social services district or agency, and the foster
parent in whose home the child currently resides, each of whom shall be
a party to the proceeding; and
S 10. Subdivision (b) of section 1089 of the family court act is
amended by adding two new paragraphs 3 and 4 to read as follows:
(3) IN THE CASE OF A CHILD WHO IS NOT FREE FOR ADOPTION WHO HAS BEEN
ALLEGED OR FOUND TO BE AN ABANDONED INFANT PURSUANT TO SECTION ONE THOU-
SAND THIRTY-ONE-A OF THIS ACT WHERE THE IDENTITY OF THE PARENT OR
PARENTS IS UNKNOWN, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL
CAUSE NOTICE OF THE PERMANENCY HEARING TO BE PUBLISHED IN ACCORDANCE
WITH THE PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE
LAW AND RULES IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND. THE NOTICE
SHALL STATE:
(I) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
(II) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND;
(III) A DESCRIPTION OF THE INFANT INCLUDING ITS APPROXIMATE DATE OF
BIRTH;
(IV) THAT UPON FAILURE OF THE PARENT TO APPEAR THE CHILD MAY CONTINUE
TO BE PLACED INTO THE CARE AND CUSTODY OF THE COMMISSIONER OF THE LOCAL
SOCIAL SERVICES DISTRICT IN THE PARENT'S ABSENCE; AND
(V) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR INFORMATION
REGARDING SUCH CHILD.
(4) IN THE CASE OF A CHILD WHO HAS BEEN ALLEGED OR FOUND TO BE AN
ABANDONED INFANT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS
ACT BUT NOT LATER THAN SIX MONTHS AFTER THE INITIAL PUBLICATION OF
NOTICE OF SUCH PROCEEDING, IF THE MATERNITY OR PATERNITY OF A PERSON
CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST
TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY,
A. 6092--D 8
(I) THE COURT SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE
OF SECTION ONE THOUSAND THIRTY-FOUR OF THIS ACT AND
(A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
ONE THOUSAND TWELVE OF THIS ACT TO FILE A PETITION TO DETERMINE ABUSE OR
NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THIS ACT, THE
LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE SUCH PETITION WITHIN
THREE COURT DAYS. UPON SUCH FILING, A HEARING PURSUANT TO SECTION ONE
THOUSAND TWENTY-SEVEN OF THIS ACT SHALL BE HELD FORTHWITH; OR
(B) IF THERE ARE NO GROUNDS TO FILE A PETITION PURSUANT TO SECTION ONE
THOUSAND THIRTY-ONE OF THIS ACT, THE COURT SHALL HOLD A BEST INTERESTS
HEARING AS TO WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD TO RETURN
THE CHILD TO HIS OR HER HOME OR TO CONTINUE THE CUSTODY OF THE CHILD
WITH THE LOCAL COMMISSIONER OF SOCIAL SERVICES. EXCEPT FOR GOOD CAUSE
SHOWN SUCH HEARING SHALL COMMENCE WITHIN THREE COURT DAYS. THE CUSTODY
OF THE CHILD WITH THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL
CONTINUE PENDING THE RESULT OF THE BEST INTERESTS HEARING;
(II) IF THE CHILD IS FREE FOR ADOPTION, THE COURT SHALL ALSO VACATE
THE ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD.
S 11. Section 352 of the social services law is amended by adding a
new subdivision 4 to read as follows:
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PARENTS OF AN
ABANDONED INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOUSAND
TWELVE OF THE FAMILY COURT ACT AND SECTION THREE HUNDRED NINETY-TWO OF
THIS CHAPTER.
S 12. Subdivision 1 of section 352-a of the social services law is
amended by adding a new paragraph (g) to read as follows:
(G) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PARENTS OF
AN ABANDONED INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOU-
SAND TWELVE OF THE FAMILY COURT ACT AND SECTION THREE HUNDRED NINETY-TWO
OF THIS CHAPTER.
S 13. Subdivision 2 of section 371 of the social services law, as
amended by chapter 666 of the laws of 1976, is amended and a new subdi-
vision 2-a is added to read as follows:
2. "Abandoned child" means a child under the age of eighteen years who
is abandoned by both parents, or by the parent having [its] HIS OR HER
custody, or by any other person or persons lawfully charged with [its]
HIS OR HER care or custody, in accordance with the definition and other
criteria set forth in subdivision five of section three hundred eighty-
four-b OF THIS TITLE;
2-A. "ABANDONED INFANT" MEANS A CHILD AS DEFINED IN SUBDIVISION (L) OF
SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT AND SECTION THREE
HUNDRED NINETY-TWO OF THIS TITLE;
S 14. Paragraph (ii) of subdivision 4-a of section 371 of the social
services law, as added by chapter 782 of the laws of 1971, is amended to
read as follows:
(ii) who has been abandoned by his OR HER parents or other person
legally responsible for his OR HER care, INCLUDING AN ABANDONED CHILD AS
DEFINED IN SUBDIVISION TWO OR AN ABANDONED INFANT AS DEFINED IN SUBDIVI-
SION TWO-A OF THIS SECTION.
S 15. The opening paragraph and paragraphs (b), (c) and (d) of subdi-
vision 1 of section 372 of the social services law are amended to read
as follows:
Every court, and every public board, commission, institution, or offi-
cer having powers or charged with duties in relation to abandoned CHIL-
DREN, INCLUDING ABANDONED INFANTS, delinquent, destitute, neglected or
A. 6092--D 9
dependent children who shall receive, accept or commit any child shall
provide and keep a record showing:
(b) his OR HER sex and date and place of birth, if ascertainable, or
his OR HER apparent age AND IN THE CASE OF AN ABANDONED INFANT AS
DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS TITLE, THE AFFIDAVIT OR OTHER OFFICIAL RECORD OF THE DETERMINATION
OF A QUALIFIED HEALTH CARE PRACTITIONER, LICENSED OR CERTIFIED UNDER
TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE
OF PRACTICE ATTESTING THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER AT
THE TIME OF ABANDONMENT AND THE DATE OF BIRTH OF THE CHILD, TO A REASON-
ABLE DEGREE OF MEDICAL CERTAINTY,
(c) the full and true names and places of birth of his OR HER parents,
and their actual residence if living, or their latest known residence,
if deceased or whereabouts unknown and the name and actual residence of
any other person having custody of the child, as nearly as the same can
reasonably be ascertained, AND IN THE CASE OF AN ABANDONED INFANT AS
DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS TITLE, A CERTIFIED COPY OF THE COURT ORDER DETERMINING THAT THE
CHILD WAS AN ABANDONED INFANT PURSUANT TO SECTION ONE THOUSAND
FIFTY-ONE-A OF THE FAMILY COURT ACT,
(d) the religious faith of the parents and of the child, IF KNOWN,
S 16. Paragraph (e) of subdivision 3 of section 384-b of the social
services law, as amended by section 55 of part A of chapter 3 of the
laws of 2005, is amended to read as follows:
(e) (I) A proceeding under this section is originated by a petition on
notice served upon the child's parent or parents, the attorney for the
child's parent or parents and upon such other persons as the court may
in its discretion prescribe. Such notice shall inform the parents and
such other persons that the proceeding may result in an order freeing
the child for adoption without the consent of or notice to the parents
or such other persons. Such notice also shall inform the parents and
such other persons of their right to the assistance of counsel, includ-
ing any right they may have to have counsel assigned by the court in any
case where they are financially unable to obtain counsel. The petition
shall set forth the names and last known addresses of all persons
required to be given notice of the proceeding, pursuant to this section
and section three hundred eighty-four-c of this title, and there shall
be shown by the petition or by affidavit or other proof satisfactory to
the court that there are no persons other than those set forth in the
petition who are entitled to notice pursuant to the provisions of this
section or of section three hundred eighty-four-c of this title. When
the proceeding is initiated in family court service of the petition and
other process shall be made in accordance with the provisions of section
six hundred seventeen of the family court act, and when the proceeding
is initiated in surrogate's court, service shall be made in accordance
with the provisions of section three hundred seven of the surrogate's
court procedure act. When the proceeding is initiated on the grounds of
abandonment of a child less than one year of age at the time of the
transfer of the care and custody of such child to a local social
services official, the court shall take judicial notice of efforts to
locate the child's parents or other known relatives or other persons
legally responsible pursuant to paragraph (ii) of subdivision (b) of
section one thousand fifty-five of the family court act. THE PROVISIONS
OF THIS PARAGRAPH SHALL NOT APPLY TO A CHILD DETERMINED TO BE AN ABAN-
DONED INFANT AS DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS TITLE.
A. 6092--D 10
(II) IF THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, AND THE
CHILD HAS BEEN FOUND TO BE AN ABANDONED INFANT PURSUANT TO SUBDIVISION
(L) OF SECTION ONE THOUSAND TWELVE OR SECTION ONE THOUSAND THIRTY-ONE-A
OF THE FAMILY COURT ACT, THE COURT UPON RECEIPT OF THE PETITION SHALL
REQUIRE THE LOCAL COMMISSIONER TO CAUSE NOTICE TO BE PUBLISHED IN
ACCORDANCE WITH THE PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE
CIVIL PRACTICE LAW AND RULES IN THE COUNTY IN WHICH SUCH CHILD WAS
FOUND, FOR A PERIOD OF AT LEAST THIRTY DAYS. THE NOTICE SHALL STATE:
(A) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
(B) THE DATE, TIME AND PLACE THAT THE ABANDONED NEWBORN INFANT WAS
FOUND;
(C) A DESCRIPTION OF THE INFANT INCLUDING ITS APPROXIMATE DATE OF
BIRTH;
(D) THAT UPON FAILURE TO APPEAR, ALL PARENTAL RIGHTS OF THE PARENTS OF
SUCH ABANDONED NEWBORN INFANT MAY BE TERMINATED;
(E) THAT A PARENT'S FAILURE TO APPEAR SHALL CONSTITUTE A DENIAL OF HIS
OR HER INTEREST IN THE CHILD, WHICH DENIAL MAY RESULT, WITHOUT FURTHER
NOTICE, IN THE COMMITMENT OF THE CUSTODY AND GUARDIANSHIP OF THE CHILD
TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES AND IN THE CHILD'S
ADOPTION; AND
(F) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
BY THE LOCAL COMMISSIONER TO CONTACT FOR INFORMATION REGARDING SUCH
CHILD.
(III) AT ANY TIME PRIOR TO OR SUBSEQUENT TO THE ENTRY OF AN ORDER
COMMITTING THE GUARDIANSHIP AND CUSTODY OF THE CHILD PURSUANT TO THIS
SECTION BUT NOT LATER THAN SIX MONTHS AFTER THE INITIAL PUBLICATION OF
NOTICE OF THE PROCEEDING PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A
OF THE FAMILY COURT ACT, IF THE MATERNITY OR PATERNITY OF A PERSON
CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST
TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY, THE PROCEEDING SHALL
BE STAYED PENDING AN INVESTIGATION PURSUANT TO SUBDIVISION ONE OF
SECTION ONE THOUSAND THIRTY-FOUR OF THE FAMILY COURT ACT. WITHIN THREE
COURT DAYS OF THE COMPLETION OF THE INVESTIGATION,
(A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
ONE THOUSAND TWELVE OF THE FAMILY COURT ACT TO FILE A PETITION TO DETER-
MINE ABUSE OR NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THE
FAMILY COURT ACT, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE
SUCH PETITION, OR
(B) IF THERE ARE NO SUCH GROUNDS, THE COURT SHALL HOLD A HEARING AS TO
THE BEST INTERESTS OF THE CHILD.
(IV) THE CUSTODY OF THE CHILD WITH THE LOCAL COMMISSIONER OF SOCIAL
SERVICES SHALL CONTINUE PENDING THE RESULT OF THE BEST INTERESTS HEAR-
ING.
(V) IF THE CHILD IS FREE FOR ADOPTION, THE COURT SHALL VACATE THE
ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD.
S 17. Subparagraph (iii) of paragraph (l) of subdivision 3 of section
384-b of the social services law, as amended by chapter 145 of the laws
of 2000, is amended and a new subparagraph (v) is added to read as
follows:
(iii) For the purposes of this paragraph, the date of the child's
entry into foster care is the earlier of sixty days after the date on
which the child was removed from the home or the date the child was
found by a court to be an ABANDONED INFANT, OR AN abused or neglected
child pursuant to article ten of the family court act.
(V) FOR THE PURPOSES OF THIS PARAGRAPH, A PETITION FOR TERMINATION OF
PARENTAL RIGHTS SHALL BE FILED WITHIN SIXTY DAYS AFTER A COURT'S DETER-
A. 6092--D 11
MINATION THAT THE CHILD IS AN ABANDONED INFANT PURSUANT TO SECTION ONE
THOUSAND FIFTY-ONE-A OF THE FAMILY COURT ACT.
S 18. Paragraphs (d) and (e) of subdivision 4 of section 384-b of the
social services law, 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, are amended and a new paragraph (f) is added to
read as follows:
(d) The child is a permanently neglected child; [or]
(e) 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, severely or repeatedly abused such
child. Where a court has determined that reasonable efforts to reunite
the child with his or her parent are not required, pursuant to the fami-
ly court act or this chapter, a petition to terminate parental rights on
the ground of severe abuse as set forth in subparagraph (iii) of para-
graph (a) of subdivision eight of this section may be filed immediately
upon such determination[.]; OR
(F) THE PARENT OR PARENTS ABANDONED THE CHILD WHEN THE CHILD WAS THIR-
TY DAYS OLD OR YOUNGER IN A MANNER THAT INDICATED THE PARENT'S OR
PARENTS' INTENT TO WHOLLY RELINQUISH AND FORGO RESPONSIBILITY FOR AND
RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH THE INTENT THAT THE
CHILD BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN AN APPROPRIATE
MANNER, AND SUCH PARENT OR PARENTS, AFTER A PERIOD OF TWO MONTHS FROM
THE DATE OF ABANDONMENT, HAVE NOT COMMUNICATED WITH THE CHILD OR AGENCY
REGARDING THE CHILD.
S 19. Subdivision 5 of section 384-b of the social services law is
amended by adding a new paragraph (c) to read as follows:
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO AN ABANDONED
INFANT AS DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVEN-
TY-ONE OF THIS TITLE.
S 20. Title 1 of article 6 of the social services law is amended by
adding a new section 392 to read as follows:
S 392. ABANDONED INFANTS; SPECIAL PROVISIONS. 1. A CHILD IS AN "ABAN-
DONED INFANT" WHERE A COURT OF COMPETENT JURISDICTION HAS DETERMINED
PURSUANT TO SECTION ONE THOUSAND FIFTY-ONE-A OF THE FAMILY COURT ACT
THAT SUCH CHILD IS AN ABANDONED INFANT.
2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON NOTIFICATION
THAT AN ALLEGED ABANDONED INFANT IS FOUND WITHIN THE COUNTY OR JURISDIC-
TION, THE LOCAL COMMISSIONER SHALL:
(I) IMMEDIATELY CAUSE A PHYSICAL EXAMINATION OF THE CHILD TO BE
PERFORMED BY A QUALIFIED HEALTH CARE PRACTITIONER, LICENSED OR CERTIFIED
UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL
SCOPE OF PRACTICE TO DETERMINE THE HEALTH STATUS OF THE CHILD AND THE
AGE AND DATE OF BIRTH OF THE CHILD TO A REASONABLE DEGREE OF MEDICAL
CERTAINTY. SUCH HEALTH CARE PRACTITIONER SHALL CERTIFY BY AFFIDAVIT OR
OTHER OFFICIAL RECORD HIS OR HER REASONABLE MEDICAL CONCLUSION AS TO
WHETHER THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE
CHILD'S DATE OF BIRTH. THE AFFIDAVIT OR OTHER OFFICIAL RECORD OF THE
DETERMINATION SHALL BE PLACED IN THE INFANT'S RECORDS IN PLACE OF THOSE
REQUIRED BY SUBDIVISION ONE OF SECTION THREE HUNDRED SEVENTY-TWO OF THIS
TITLE; AND
(II) FORTHWITH COMMENCE A PROCEEDING PURSUANT TO SECTION ONE THOUSAND
THIRTY-ONE-A OF THE FAMILY COURT ACT.
(B) UPON ASSUMPTION OF PROTECTIVE CUSTODY OF A CHILD ALLEGED TO BE AN
"ABANDONED INFANT" THE LOCAL COMMISSIONER SHALL:
A. 6092--D 12
(I) PROVIDE NECESSARY SERVICES OR ASSISTANCE, INCLUDING AUTHORIZING A
QUALIFIED HEALTH CARE PRACTITIONER, LICENSED OR CERTIFIED UNDER TITLE
EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF
PRACTICE OR HOSPITAL TO PROVIDE EMERGENCY MEDICAL TREATMENT OR SURGICAL
PROCEDURES NECESSARY TO SAFEGUARD THE LIFE OR HEALTH OF THE CHILD;
(II) AT THE TIME OF ASSUMPTION OF CUSTODY OF THE CHILD, AT THE TIME OF
THE FACT FINDING HEARING AND AT THE TIME OF THE DISPOSITIONAL HEARING
REGARDING THE PETITION TO COMMIT GUARDIANSHIP AND CUSTODY OF THE CHILD
TO AN AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B
OF THIS TITLE, MAKE INQUIRY OF THE PUTATIVE FATHER REGISTRY REGARDING
THE EXISTENCE OF A NOTICE OF INTENT FILED WITH THE REGISTRY THAT MAY
PERTAIN TO THE CHILD AND OF LOCAL LAW ENFORCEMENT OFFICIALS REGARDING
THE EXISTENCE OF A MISSING PERSON REPORT THAT MAY PERTAIN TO THE CHILD.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LOCAL COMMISSIONER SHALL
NOT BE REQUIRED TO PURSUE ANY OTHER EFFORTS TO LOCATE THE PARENTS OR
RELATIVES OF SUCH CHILD;
(III) PUBLICIZE: (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN
EFFORT TO ALLOW A PARENT OR OTHER RELATIVE OF THE CHILD TO COME FORWARD,
THE ABANDONMENT OF THE CHILD THROUGH LOCAL MEDIA OUTLETS AND SPECIF-
ICALLY IN THE COMMUNITY WHERE THE ABANDONMENT OCCURRED WITH THE INFORMA-
TION REGARDING THE CHILD TO BE PROVIDED AT THE DISCRETION OF THE LOCAL
COMMISSIONER, INCLUDING, BUT NOT LIMITED TO PHOTOS OF THE CHILD; AND (B)
THE AVAILABILITY OF (1) PREVENTION SERVICES, PERSONAL COUNSELING AND
SUPPORT SERVICES AS CONTEMPLATED UNDER TITLES FOUR AND FOUR-B OF THIS
ARTICLE; (2) INFORMATION AND REFERRAL SERVICES, ADVOCACY, COUNSELING AND
HOTLINE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AS CONTEMPLATED UNDER
SECTION FOUR HUNDRED FIFTY-NINE-C OF THIS CHAPTER; AND (3) SAFE PLACE-
MENT ALTERNATIVES FOR NEWBORN INFANTS AS PROVIDED UNDER THIS SECTION AND
SECTION ONE THOUSAND THIRTY-ONE-A OF THE FAMILY COURT ACT, INCLUDING
INFORMATION REGARDING TERMINATION OF PARENTAL RIGHTS AND ADOPTION PROCE-
DURES AND THAT AN ABANDONED INFANT IS NOT A NEGLECTED CHILD UNDER THIS
CHAPTER OR THE FAMILY COURT ACT; AND
(IV) IF THE MATERNITY OR PATERNITY OF A PERSON CLAIMING TO BE THE
MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST TO BE CONDUCTED TO
CONFIRM MATERNITY OR PATERNITY, CONDUCT AN INVESTIGATION PURSUANT TO
SUBDIVISION ONE OF SECTION ONE THOUSAND THIRTY-FOUR OF THE FAMILY COURT
ACT AND IF THERE ARE NO GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF
SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT, WITHDRAW THE PETI-
TION TO DETERMINE WHETHER A CHILD IS AN ABANDONED INFANT PURSUANT TO
SUBDIVISION (1) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT.
IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) AND (F) OF SECTION ONE
THOUSAND TWELVE OF THE FAMILY COURT ACT, THE LOCAL COMMISSIONER OF
SOCIAL SERVICES SHALL FILE A PETITION TO DETERMINE ABUSE OR NEGLECT
PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THE FAMILY COURT ACT
WITHIN THREE COURT DAYS OF THE COMPLETION OF THE INVESTIGATION.
S 21. Section 372-g of the social services law, as added by chapter
156 of the laws of 2000, is amended to read as follows:
S 372-g. Abandoned infant protection program. 1. The office of chil-
dren and family services shall develop and implement a public informa-
tion program to inform the general public of the provisions of the aban-
doned infant protection act AND THE AVAILABILITY OF SAFE PLACEMENT
ALTERNATIVES FOR NEWBORN INFANTS AS PROVIDED UNDER SECTION THREE HUNDRED
NINETY-TWO OF THIS TITLE AND SECTION ONE THOUSAND THIRTY-ONE-A OF THE
FAMILY COURT ACT, INCLUDING INFORMATION REGARDING TERMINATION OF
PARENTAL RIGHTS AND ADOPTION PROCEDURES AND THAT AN ABANDONED INFANT IS
NOT A NEGLECTED CHILD UNDER THIS CHAPTER OR THE FAMILY COURT ACT. SUCH
A. 6092--D 13
PUBLIC INFORMATION PROGRAM SHALL ALSO INFORM THE GENERAL PUBLIC OF THE
AVAILABILITY OF PREVENTION SERVICES, PERSONAL COUNSELING AND SUPPORT
SERVICES AS CONTEMPLATED UNDER TITLES FOUR AND FOUR-B OF THIS ARTICLE,
AND INFORMATION AND REFERRAL SERVICES, ADVOCACY, COUNSELING AND HOTLINE
SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AS CONTEMPLATED UNDER SECTION
FOUR HUNDRED FIFTY-NINE-C OF THIS CHAPTER. The program may include but
not be limited to the following elements:
[1.] (A) educational and informational materials in print, audio,
video, electronic, or other media;
[2.] (B) public service announcements and advertisements; and
[3.] (C) establishment of toll-free telephone hotlines to provide
information.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP AND IMPLE-
MENT THE PUBLIC INFORMATION PROGRAM WITHIN AMOUNTS APPROPRIATED OR
AVAILABLE BY THE STATE.
S 22. Section 260.00 of the penal law is amended to read as follows:
S 260.00 Abandonment of a child.
1. A person is guilty of abandonment of a child when, being a parent,
guardian or other person legally charged with the care or custody of a
child less than fourteen years old, he OR SHE deserts such child in any
place with intent to wholly abandon [it] SUCH CHILD.
2. A PERSON IS NOT GUILTY OF THE PROVISIONS OF THIS SECTION WHEN HE OR
SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION:
(A) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND
CARED FOR IN AN APPROPRIATE MANNER; (B) THE CHILD IS LEFT WITH AN APPRO-
PRIATE PERSON, OR IN A SUITABLE LOCATION AND THE PERSON WHO LEAVES THE
CHILD PROMPTLY NOTIFIES AN APPROPRIATE PERSON OF THE CHILD'S LOCATION;
AND (C) THE CHILD IS NOT MORE THAN THIRTY DAYS OLD.
Abandonment of a child is a class E felony.
S 23. Section 260.10 of the penal law, subdivision 1 as amended by
chapter 476 of the laws of 1990 and subdivision 2 as amended by chapter
920 of the laws of 1982, is amended to read as follows:
S 260.10 Endangering the welfare of a child.
A person is guilty of endangering the welfare of a child when:
1. He OR SHE knowingly acts in a manner likely to be injurious to the
physical, mental or moral welfare of a child less than seventeen years
old or directs or authorizes such child to engage in an occupation
involving a substantial risk of danger to his OR HER life or health; or
2. Being a parent, guardian or other person legally charged with the
care or custody of a child less than eighteen years old, he OR SHE fails
or refuses to exercise reasonable diligence in the control of such child
to prevent him OR HER from becoming an "abused child," a "neglected
child," a "juvenile delinquent" or a "person in need of supervision," as
those terms are defined in articles ten, three and seven of the family
court act.
3. A PERSON IS NOT GUILTY OF THE PROVISIONS OF THIS SECTION WHEN HE OR
SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF SECTION
260.00 OF THIS ARTICLE: (A) WITH THE INTENT TO WHOLLY ABANDON THE CHILD
BY RELINQUISHING RESPONSIBILITY FOR AND RIGHT TO THE CARE AND CUSTODY OF
SUCH CHILD; (B) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL
INJURY AND CARED FOR IN AN APPROPRIATE MANNER; (C) THE CHILD IS LEFT
WITH AN APPROPRIATE PERSON, OR IN A SUITABLE LOCATION AND THE PERSON WHO
LEAVES THE CHILD PROMPTLY NOTIFIES AN APPROPRIATE PERSON OF THE CHILD'S
LOCATION; AND (D) THE CHILD IS NOT MORE THAN THIRTY DAYS OLD.
Endangering the welfare of a child is a class A misdemeanor.
A. 6092--D 14
S 24. Section 260.15 of the penal law, as amended by chapter 156 of
the laws of 2000, is amended to read as follows:
S 260.15 Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to
section 260.10[:
1.] OF THIS ARTICLE, based upon an alleged failure or refusal to
provide proper medical care or treatment to an ill child, it is an
affirmative defense that the defendant (a) is a parent, guardian or
other person legally charged with the care or custody of such child; and
(b) is a member or adherent of an organized church or religious group
the tenets of which prescribe prayer as the principal treatment for
illness; and (c) treated or caused such ill child to be treated in
accordance with such tenets[; or
2. based upon an alleged desertion of a child not more than five days
old, it is an affirmative defense that, with the intent that the child
be safe from physical injury and cared for in an appropriate manner, the
defendant left the child with an appropriate person or in a suitable
location and promptly notified an appropriate person of the child's
location].
S 25. Section 260.03 of the penal law is REPEALED.
S 26. This act shall take effect immediately; provided however that
sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eigh-
teen, nineteen, twenty and twenty-one of this act shall take effect on
the one hundred eightieth day after it shall have become a law.