senate Bill S7334

2013-2014 Legislative Session

Relates to the permanent termination of parental rights for reason of developmental disabilities; repealer

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 13, 2014 referred to children and families

S7334 - Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง384-b, rpld sub 6, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3026
2009-2010: S2835

S7334 - Summary

Relates to the permanent termination of parental rights for reason of developmental disabilities.

S7334 - Sponsor Memo

S7334 - Bill Text download pdf

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

                                  7334

                            I N  S E N A T E

                              May 13, 2014
                               ___________

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

AN ACT to amend the social services law, in relation  to  the  permanent
  termination  of  parental rights for reason of developmental disabili-
  ties; and to repeal subdivision 6 of section 384-b of such law  relat-
  ing thereto

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

  Section 1. Subdivision 4 of section 384-b of the social services  law,
as  added  by chapter 666 of the laws of 1976, paragraphs (b) and (c) as
amended by chapter 284 of the laws of 1981, paragraph (d) as amended  by
chapter  739 of the laws of 1981 and paragraph (e) as amended by section
56 of part A of chapter 3 of the laws of 2005, is  amended  to  read  as
follows:
  4.  An order committing the guardianship and custody of a child pursu-
ant to this section shall be granted  only  upon  one  or  more  of  the
following grounds:
  (a)  Both parents of the child are dead, and no guardian of the person
of such child has been lawfully appointed; or
  (b) The parent or parents, whose consent to the adoption of the  child
would otherwise be required in accordance with section one hundred elev-
en of the domestic relations law, abandoned such child for the period of
six  months immediately prior to the date on which the petition is filed
in the court; or
  (c) [The parent or parents, whose consent to the adoption of the child
would otherwise be required in accordance with section one hundred elev-
en of the domestic relations law, are presently and for the  foreseeable
future  unable,  by  reason  of mental illness or mental retardation, to
provide proper and adequate care for a child who has been in the care of
an authorized agency for the period of one year immediately prior to the
date on which the petition is filed in the court; or
  (d)] The child is a permanently neglected child; or
  [(e)] (D) The parent or parents, whose consent to the adoption of  the
child would otherwise be required in accordance with section one hundred

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

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