|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 11, 2014||referred to children and families|
delivered to assembly
|Jun 02, 2014||advanced to third reading|
|May 29, 2014||2nd report cal.|
|May 28, 2014||1st report cal.1007|
|May 06, 2014||referred to children and families|
senate Bill S7213
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7213 - Details
- Current Committee:
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§1012 & 1046, Fam Ct Act; amd §384-b, Soc Serv L
S7213 - Summary
Provides for the protection of the children of parents who abuse other children for whom they are legally responsible.
S7213 - Sponsor Memo
BILL NUMBER:S7213 TITLE OF BILL: An act to amend the family court act and the social services law, in relation to the liability for abuse of a child by a person legally responsible for such child PURPOSE: To provide for the protection of the children of parents who abuse other children for whom they are legally responsible. SUMMARY OF PROVISIONS: Section 1. Amends subdivision (j) of section 1012 of the family court act to expand the definition of "aggravated circumstances" to include a person legally responsible for a child. Section 2. Amends paragraph (i) of subdivision (a) of section 1046 of the family court act to include "aggravated circumstances" in addition to proof of abuse or neglect as admissible evidence in legal proceedings to determine if other children - who are the legal responsibility of the perpetrator of aggravated abuse - to be in imminent risk of neglect, abuse or severe abuse. Section 3. Amends paragraph (e) of subdivision 4 of section 384-b of the social services law to allow for a finding of severe abuse against
S7213 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7213 I N S E N A T E May 6, 2014 ___________ Introduced by Sen. FELDER -- 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 the liability for abuse of a child by a person legally responsible for such child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (j) of section 1012 of the family court act, as amended by section 3 of part B of chapter 3 of the laws of 2005, is amended to read as follows: (j) "Aggravated circumstances" means where a child has been either severely or repeatedly abused, as defined AND PROVIDED FOR in subdivi- sion eight of section three hundred eighty-four-b of the social services law, BY A PARENT OR BY A PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD OR ANOTHER CHILD; 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, BEING EITHER THE CHILD'S PARENT OR A PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD OR ANOTHER CHILD, in each of the foregoing proceedings was the same; or where the court finds by clear and convinc- ing 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 admis- sion could eliminate the requirement that the local department of social services provide reunification services to the parent, the parent has stated in court under oath that he or she intends to continue to refuse such necessary services and is unwilling to secure such services inde- pendently or otherwise prepare for the child's return home; provided, however, that if the court finds that adequate justification exists for EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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