Assembly Bill A10051

2011-2012 Legislative Session

Relates to severe or repeatedly abused children in child protective and parental termination proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2011-A10051 (ACTIVE) - Details

See Senate Version of this Bill:
S7582
Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §1051, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2013-2014 Legislative Session:
A2600, S4082

2011-A10051 (ACTIVE) - Summary

Relates to severely or repeatedly abused children in child protective and parental termination proceedings.

2011-A10051 (ACTIVE) - Bill Text download pdf 

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

                                  10051

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced  by  M.  of  A.  PAULIN,  AUBRY,  CRESPO, ENGLEBRIGHT, GALEF,
  GUNTHER,  MILLMAN,  ROBERTS,  P. RIVERA,  SKARTADOS,  TITONE,  WEPRIN,
  ZEBROWSKI  -- Multi-Sponsored by -- M. of A. SWEENEY -- (at request of
  the Office of Court Administration) -- read once and referred  to  the
  Committee on Children and Families

AN  ACT  to  amend  the family court act and the social services law, in
  relation to severe or repeated child abuse  in  child  protective  and
  termination of parental rights proceedings

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

  Section 1. Subdivision (e) of section 1051 of the family court act, as
amended by chapter 7 of the laws of 1999, is amended to read as follows:
  (e) If the court makes a finding of abuse, it shall specify the  para-
graph or paragraphs of subdivision (e) of section one thousand twelve of
this  act  which  it  finds  have been established. If the court makes a
finding of abuse as defined in paragraph (iii)  of  subdivision  (e)  of
section one thousand twelve of this act, it shall make a further finding
of  the specific sex offense as defined in article one hundred thirty of
the penal law. In addition to a finding of abuse, the court may enter  a
finding  of  severe  abuse or repeated abuse, as defined in [paragraphs]
SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH  (a)  [and]  OR  SUBPARA-
GRAPHS  (I)  AND  (II)  OF PARAGRAPH (b) of subdivision eight of section
three hundred eighty-four-b of the social services law, which  shall  be
admissible  in  a  proceeding  to  terminate parental rights pursuant to
paragraph (e) of subdivision four of section three hundred eighty-four-b
of the social services law. If the court makes such  additional  finding
of severe abuse or repeated abuse, the court shall state the grounds for
its  determination,  which  shall  be  based  upon  clear and convincing
evidence.
  S 2. Subparagraph (ii) of paragraph (a) and subparagraph (i) of  para-
graph  (b) of subdivision 8 of section 384-b of the social services law,
subparagraph (ii) of paragraph (a) as  added  and  subparagraph  (i)  of
paragraph  (b)  as amended by chapter 7 of the laws of 1999, are amended
to read as follows:

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

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