senate Bill S3026

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
Feb 07, 2011 referred to children and families

Co-Sponsors

S3026 - Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง384-b, rpld sub 6, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S2835

S3026 - Summary

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

S3026 - Sponsor Memo

S3026 - Bill Text download pdf

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

                                  3026

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- 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
an authorized agency for the period of one year immediately prior to the
date on which the petition is filed in the court; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00359-01-1

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