assembly Bill A2600

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 23, 2013 signed chap.430
Oct 11, 2013 delivered to governor
May 01, 2013 returned to assembly
passed senate
3rd reading cal.361
substituted for s4082
Apr 23, 2013 referred to children and families
delivered to senate
passed assembly
Apr 18, 2013 advanced to third reading cal.139
Apr 16, 2013 reported
Feb 28, 2013 reported referred to codes
Jan 16, 2013 referred to children and families

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Co-Sponsors

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A2600 - Bill Details

See Senate Version of this Bill:
S4082
Law Section:
Family Court Act
Laws Affected:
Amd §1051, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A10051, S7582

A2600 - Bill Texts

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

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

                                  2600

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  AUBRY,  CRESPO, ENGLEBRIGHT, GALEF,
  GUNTHER,  MILLMAN,  ROBERTS,  SKARTADOS,  TITONE,  WEPRIN,  ZEBROWSKI,
  ROBINSON, JAFFEE -- Multi-Sponsored by -- M. of A. SCHIMEL, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03051-01-3

A. 2600                             2

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:
  (ii)  the  child  has  been found to be an abused child, as defined in
paragraph (iii) of subdivision (e) of section ten hundred twelve of  the
family  court act, as a result of such parent's acts; provided, however,
the respondent must have committed or knowingly allowed to be  committed
a  felony  sex  offense  as  defined in sections 130.25, 130.30, 130.35,
130.40, 130.45, 130.50, 130.65, 130.67, 130.70,  130.75  [and],  130.80,
130.95 AND 130.96 of the penal law and, for the purposes of this section
the  corroboration  requirements  contained  in  the penal law shall not
apply to proceedings under this section; or
  (i) the child has been found to be an abused child, (A) as defined  in
paragraph  (i)  of  subdivision (e) of section ten hundred twelve of the
family court act, as a result of such parent's acts; or (B)  as  defined
in  paragraph  (iii) of subdivision (e) of section ten hundred twelve of
the family court act, as a  result  of  such  parent's  acts;  provided,
however,  the  respondent must have committed or knowingly allowed to be
committed a felony sex offense as defined in  sections  130.25,  130.30,
130.35,  130.40,  130.45,  130.50, 130.65, 130.67, 130.70, 130.75 [and],
130.80, 130.95 AND 130.96 of the penal law; and
  S 3. This act shall take effect immediately.

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