senate Bill S5144

2013-2014 Legislative Session

Relates to preliminary procedures, petitions and special provisions regarding abandoned infants

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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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view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
returned to senate
died in assembly
Jun 18, 2013 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1449
committee discharged and committed to rules
May 10, 2013 referred to children and families


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S5144 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§1012, 1039-b, 1041, 1044, 1055 & 1089, add §§1031-a & 1051-a, Fam Ct Act; amd §§352, 352-a, 371, 372, 384-b & 372-g, add Art 6 Title 1 §392-a, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2712, A336
2009-2010: S2950C, A6092D

S5144 - Summary

Relates to procedures, petitions and special provisions regarding abandoned infants; defines abandoned infant; sets forth preliminary procedures; and provides for sustaining or dismissing a petition alleging a child is an abandoned infant.

S5144 - Sponsor Memo

S5144 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act and the  social  services  law,  in
  relation to abandoned infants


  Section 1.  Paragraph (ii) of subdivision (f) and subdivision  (j)  of
section  1012 of the family court act, paragraph (ii) of subdivision (f)
as amended by chapter 666 of the laws of 1976  and  subdivision  (j)  as
amended  by  section  3  of part B of chapter 3 of the laws of 2005, are
amended and a new subdivision (l) is added to read as follows:
  (ii) who has been abandoned, in accordance  with  the  definition  and
other  criteria  set  forth in subdivision five of section three hundred
eighty-four-b of the social services law, by his parents or other person
legally responsible for his care, BUT SHALL  NOT  INCLUDE  AN  ABANDONED
  (j)  "Aggravated  circumstances"  means  where a child has been either
severely or repeatedly  abused,  as  defined  in  subdivision  eight  of
section three hundred eighty-four-b of the social services law; or where
a child has subsequently been found to be an abused child, as defined in
paragraph  (i)  or (iii) of subdivision (e) of this section, within five
years after return home following placement in foster care as  a  result
of being found to be a neglected child, as defined in subdivision (f) of
this section, provided that the respondent or respondents in each of the
foregoing  proceedings  was  the same; or where the court finds by clear
and convincing evidence that the parent of a child in  foster  care  has
refused  and has failed completely, over a period of at least six months
from the date of removal, to engage in services necessary  to  eliminate
the  risk  of abuse or neglect if returned to the parent, and has failed
to secure services on his or her own or otherwise adequately prepare for
the return home and, after being informed by  the  court  that  such  an

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


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