senate Bill S7213

2013-2014 Legislative Session

Provides for the protection of the children of parents who abuse other children for whom they are legally responsible

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to children and families
delivered to assembly
passed senate
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

Votes

view votes

May 28, 2014 - Children and Families committee Vote

S7213
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 28, 2014

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

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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