Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 23, 2013 |
signed chap.430 |
Oct 11, 2013 |
delivered to governor |
May 01, 2013 |
returned to assembly passed senate 3rd reading cal.361 substituted for s4082 |
May 01, 2013 |
substituted by a2600 |
Apr 24, 2013 |
advanced to third reading |
Apr 23, 2013 |
2nd report cal. |
Apr 22, 2013 |
1st report cal.361 |
Mar 07, 2013 |
referred to children and families |
Senate Bill S4082
Signed By Governor2013-2014 Legislative Session
Sponsored By
(D) 22nd Senate District
Archive: Last Bill Status Via A2600 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S4082 (ACTIVE) - Details
2013-S4082 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4082 TITLE OF BILL: An act to amend the family court act and the social services law, in relation to severe or repeated child abuse in child protective and termination of parental rights proceedings This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. In 1981, the State Legislature added subdivision 8 to Social Services Law § 384-b to create two additional grounds to support terminations of parental rights: severe or repeated child abuse. See L. 1981, c. 739. These grounds, however, were almost never utilized because of difficulties of proof. In light of the lower quantum of proof required for a child abuse finding under Article 10 of the Family Court Act as compared to that which is required for termination of parental rights - a preponderance of the evidence as compared to clear and convincing evidence - the Article 10 child abuse findings that precipitated a child's entry into foster care could not be used as proof of severe or repeated child abuse in a subsequent termination of parental rights proceeding. The original child abuse allegations would thus need to be retried, often long after the fact, utilizing the higher standard of proof. In an attempt to obviate the need to retry the child abuse charges, the Legislature later amended Family Court Act § 1051 regarding fact-finding orders as part of the State statute
2013-S4082 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4082 2013-2014 Regular Sessions I N S E N A T E March 7, 2013 ___________ Introduced by Sen. FELDER -- (at request of the Office of Court Adminis- tration) -- 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 severe or repeated child abuse in child protective and termination of parental rights proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (e) of section 1051 of the family court act, as amended by chapter 7 of the laws of 1999, is amended to read as follows: (e) If the court makes a finding of abuse, it shall specify the para- graph or paragraphs of subdivision (e) of section one thousand twelve of this act which it finds have been established. If the court makes a finding of abuse as defined in paragraph (iii) of subdivision (e) of section one thousand twelve of this act, it shall make a further finding of the specific sex offense as defined in article one hundred thirty of the penal law. In addition to a finding of abuse, the court may enter a finding of severe abuse or repeated abuse, as defined in [paragraphs] SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH (a) [and] OR SUBPARA- GRAPHS (I) AND (II) OF PARAGRAPH (b) of subdivision eight of section three hundred eighty-four-b of the social services law, which shall be admissible in a proceeding to terminate parental rights pursuant to paragraph (e) of subdivision four of section three hundred eighty-four-b of the social services law. If the court makes such additional finding of severe abuse or repeated abuse, the court shall state the grounds for its determination, which shall be based upon clear and convincing evidence. S 2. Subparagraph (ii) of paragraph (a) and subparagraph (i) of para- graph (b) of subdivision 8 of section 384-b of the social services law, subparagraph (ii) of paragraph (a) as added and subparagraph (i) of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03051-01-3
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