S T A T E O F N E W Y O R K
________________________________________________________________________
2308
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to enforcement of
agreements for visitation after adoption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 383-c of the social services law is amended by
adding a new subdivision 11 to read as follows:
11. ENFORCEMENT. A PERSON WHO HAS EXECUTED A JUDICIAL OR EXTRA-JUDI-
CIAL SURRENDER PURSUANT TO THIS SECTION WHICH HAS RESERVED TO SUCH
PERSON ANY RIGHT TO VISIT WITH, SPEAK WITH, WRITE TO OR LEARN ABOUT THE
CHILD MAY PETITION THE FAMILY COURT FOR AN ORDER DIRECTING THE AUTHOR-
IZED AGENCY TO WHICH THE CHILD WAS SURRENDERED, IF THE CHILD HAS NOT YET
BEEN ADOPTED, OR DIRECTING THE ADOPTIVE PARENTS, IF THE CHILD HAS BEEN
ADOPTED, TO COMPLY WITH SUCH RIGHTS AS WERE RESERVED IN THE SURRENDER.
THE FAILURE OF THE ADOPTIVE PARENTS TO COMPLY WITH THE TERMS OF THE
SURRENDER SHALL NOT, EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION
SIX OF THIS SECTION, BE GROUNDS FOR THE ABROGATION OF THE SURRENDER.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05725-01-9