|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 13, 2014||referred to children and families|
senate Bill S7334
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7334 - Details
S7334 - Sponsor Memo
BILL NUMBER:S7334 TITLE OF BILL: An act to amend the social services law, in relation to the permanent termination of parental rights for reason of developmental disabilities; and to repeal subdivision 6 of section 384-b of such law relating thereto PURPOSE: This bill removes " mental illness" and "mental retardation" as separate grounds for terminating parental rights under the social services law. SUMMARY OF PROVISIONS: Section one of the bill amends section 384-b of the social services law by eliminating subsection c of subdivision 4 thereby removing from law mental illness and mental retardation as grounds for the termination of guardian ship and child custody. Section two of the bill repeals subdivision 6 of section 384-b of the social services law which defines the terms "mental illness" and "mental retardation" and explains the required court procedures, proscribed examinations and expert testimonies for verifying that an individual is mentally ill or mentally retarded. Section three of the bill provides for an immediate effective date.
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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