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Assembly Bill A5425

2009-2010 Legislative Session

Provides that a child shall be deemed abandoned by reason of his or her parent's use of drugs or alcohol

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Archive: Last Bill Status - In Assembly Committee

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2009-A5425 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง384-b, Soc Serv L

2009-A5425 (ACTIVE) - Summary

Relates to definition of an "abandoned child;" provides that a parent shall be deemed to have foregone his or her parental rights and obligations if his or her failure to visit the child and communicate with the child or agency is by reason of such parent's use of drugs or alcohol, except while the parent is actually hospitalized or institutionalized therefor.

2009-A5425 (ACTIVE) - Bill Text download pdf 

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

                                  5425

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. ERRIGO, BURLING, FINCH, GIGLIO, TOWNSEND, TOBAC-
  CO, WALKER -- Multi-Sponsored by -- M. of A. CALHOUN, CORWIN,  CROUCH,
  DUPREY,  HAWLEY,  JORDAN, MOLINARO, QUINN, SAYWARD, WEISENBERG -- read
  once and referred to the Committee on Children and Families

AN ACT to amend the social services law, in relation to  the  definition
  of an "abandoned" child

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

  Section 1. Paragraph (a) of subdivision 5  of  section  384-b  of  the
social  services  law,  as  added by chapter 666 of the laws of 1976, is
amended to read as follows:
  (a) For the purposes of this section, a child is "abandoned" by his OR
HER parent if such parent  evinces  an  intent  to  forego  his  or  her
parental  rights  and obligations as manifested by his or her failure to
visit the child and communicate with the child or agency, although  able
to  do  so and not prevented or discouraged from doing so by the agency.
In the absence of evidence to the contrary, such ability  to  visit  and
communicate shall be presumed. A PARENT SHALL BE DEEMED TO HAVE FOREGONE
HIS  OR  HER  PARENTAL  RIGHTS  AND OBLIGATIONS IF HIS OR HER FAILURE TO
VISIT THE CHILD AND COMMUNICATE WITH THE CHILD OR AGENCY IS BY REASON OF
SUCH PARENT'S USE OF DRUGS OR ALCOHOL, EXCEPT WHILE THE PARENT IS  ACTU-
ALLY HOSPITALIZED OR INSTITUTIONALIZED THEREFOR.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05850-01-9

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