NY State Senate Bill 2015-S5682

Senate Bill S5682

2015-2016 Legislative Session

Provides for the awarding of custody and guardianship of infants who were abandoned when they were 30 days old or younger

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2015	referred to children and families

2015-S5682 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§1012, 1039-b, 1092 & 1095, Art 10-C head, Fam Ct Act; amd §384-b, Soc Serv L

2015-S5682 (ACTIVE) - Summary

Provides for the awarding of custody and guardianship of infants who were abandoned when they were 30 days old or younger.

2015-S5682 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5682

TITLE OF BILL:

An act to amend the family court act and the social services law, in
relation to destitute and abandoned infant proceedings

PURPOSE:

To better implement the Abandoned Infant Protection Act of 2000 by
clarifying certain provisions of the family court act and social
services law in order to protect abandoned newborn infants, and
provide for the awarding of custody and guardianship of infants who
were abandoned 30 days old or younger.

SUMMARY OF PROVISIONS:

Section one amends subdivision (j) of section 1012 of the family court
act by amending the definition of "aggravated circumstances" to
include where a court has determined a child thirty days or younger
was abandoned by a parent with an intent to wholly abandon such child
and with the intent that the child be safe from physical injury and
cared for in an appropriate manner.

Section two amends subdivision (a) of section 1039-b of the family
court act, as added by chapter 7 of the laws of 1999, regarding the

filing by the social services official of a motion requesting a
finding that reasonable efforts to return an abandoned infant to his
or her home are no longer required.

Section three amends the article heading of Article 10-C of the family
court act, as added by chapter 605 of the laws of 2011 by including
"and abandoned infant proceedings."

Section four amends the opening paragraph of subdivision (a) of
section 1092 of the family court act, as amended by chapter 3 of the
laws of 2013 to include within the definition of "destitute child" an
infant determined to be thirty days of age or younger who has been
abandoned by his or her parent with the intent to wholly abandon such
infant, and with the intent that the infant be safe from physical
injury and cared for in an appropriate manner.

Section five amends subdivisions (f) and (g) of section 1095 of the
family court act, as amended by chapter 3 of the laws of 2012 to make
applicable the exception of the filing requirements by the social
services official of a motion requesting a finding that reasonable
efforts to return an abandoned infant to his or her home stated in
section 1039-b of the family court act.

Section six amends paragraph (e) as amended by section 56 of part A of
chapter 3 of the laws of 2005, and adds a new paragraph (f) that
provides that guardianship and custody of such child shall be granted
when a parent or parents abandoned a child thirty days old or younger
in a manner that indicated the intent of the parent or parents to
wholly abandon such child, and where the intent that the child be safe
from physical injury and cared for in an appropriate manner, and has


and has remained in foster care for a period of at least 60 days, and
continues to be abandoned by his or her parents.

JUSTIFICATION:

Currently, all fifty states have laws, often termed Safe Haven or Baby
Moses legislation, to protect infants who are safely abandoned. In
2000, New York enacted the Abandoned Infant Protection Act (the Act)
in order to allow a person to safely abandon an infant not more than
five days old with an appropriate person or in a suitable location
without the fear of criminal prosecution. Enacted to prevent
infanticides throughout the state, the 2000 Act amended the social
services law to require the Office of Children and Family Services
(OCFS) to develop and implement a public information program to inform
the general public of the new law.

The Act, however, made no changes to the family court act or to the
social services law. Therefore, under current law, a local social
services district is still required to search for the parents of the
abandoned infant and bring them before the court in an abandonment
proceeding. This leads to the unintended consequences of parents who
fear being identified abandoning their babies in an unsafe manner,
leading to injury to, and sometimes the death of, the infants. In
addition, while attempts are made to identify the infant's parents,
abandoned infants languish in foster care while the filing of a
petition to terminate parental rights and to free the infant for
adoption is delayed.

This legislation seeks to amend the relevant provisions in social
services law and the family court act to provide for the safe and
anonymous abandonment of an infant thirty days or younger, increased
from five days or younger. In addition, the bill will amend the
Destitute Child Proceedings provision of the family court act to
incorporate the definition of an abandoned infant into that section.
Furthermore, this bill will provide that the local commissioner of
social services shall not be required to determine the identity of the
person who abandons an infant as provided and to set forth the process
that must be taken by local social services districts to proceed with
termination of parental rights proceedings and permanency hearings.

It should be noted, however, since the Act was passed, we have learned
that attempts at reunification of the parent with the abandoned infant
is most often not in the best interest of that infant. Without
amending current law, local social services districts will continue to
search for the parent who abandons his or her child, causing parents
to fear being identified. That fear serves only to discourage a woman
from safely abandoning her infant. Additionally, by increasing the age
of an infant who is abandoned from five days or younger to thirty days
or younger, the legislation provides a parent more time to consider
whether to abandon his or her child and also to come forward to
establish parental rights should he or she have second thoughts after
abandoning the child.

By clarifying that social services districts need not, after
procedural safeguards have been met, search for a parent who safely
abandons his or her child or reunite the abandoned infant with his or
her parent before proceeding with a permanency plan for that infant,


we will better achieve the goal of protecting the safety and welfare
of such infants. Moreover, we will encourage women to give birth
safely, thereby ensuring the health and safety of the mothers. The Act
was enacted to save the lives of unwanted, newborn infants. This
legislation furthers the intent of the Act and facilitates its
implementation by removing unintended barriers to its use, as well as
enables the earlier placement of abandoned infants in a permanent
home.

LEGISLATIVE HISTORY:

New Bill. Similar to S.5144 of 2014

FISCAL IMPLICATIONS:

Positive impact on both the state and local social services districts.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall become law.

2015-S5682 (ACTIVE) - Bill Text download pdf

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

                                  5682

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 27, 2015
                               ___________

Introduced  by  Sen.  SKELOS -- 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 destitute and abandoned infant proceedings

  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  in  subdivision  eight  of
section three hundred eighty-four-b of the social services law; 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 in each of the
foregoing  proceedings  was  the same; or where the court finds by clear
and convincing 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
admission  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
independently  or  otherwise  prepare  for  the  child's  return   home;
provided,  however,  that if the court finds that adequate justification
exists for the failure to engage in or secure such  services,  including

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10557-02-5

S. 5682                             2

but  not  limited to a lack of child care, a lack of transportation, and
an inability to attend services that conflict  with  the  parent's  work
schedule,  such failure shall not constitute an aggravated circumstance;
or where a court has determined a child [five] THIRTY days old or young-
er was abandoned by a parent with an intent to wholly abandon such child
and  with  the  intent  that  the child be safe from physical injury and
cared for in an appropriate manner.
  S 2. Subdivision (a) of section 1039-b of the  family  court  act,  as
added by chapter 7 of the laws of 1999, is amended to read as follows:
  (a) In conjunction with, or at any time subsequent to, the filing of a
petition  under  section  [ten  hundred] ONE THOUSAND thirty-one of this
[chapter] PART, the social services official  may  file  a  motion  upon
notice  requesting a finding that reasonable efforts to return the child
to his or her home are no longer required, EXCEPT THAT WHEN  A  PETITION
IS FILED PURSUANT TO ARTICLE TEN-C OF THIS ACT, NO REASONABLE EFFORTS TO
RETURN  THE  CHILD  TO  HIS  OR  HER HOME SHALL BE REQUIRED BY THE LOCAL
SOCIAL SERVICES OFFICIAL.
  S 3. The article heading of article 10-C of the family court  act,  as
added by chapter 605 of the laws of 2011, is amended to read as follows:
            DESTITUTE CHILDREN AND ABANDONED INFANT PROCEEDINGS
  S  4.  The opening paragraph of subdivision (a) of section 1092 of the
family court act, as amended by chapter  3  of  the  laws  of  2012,  is
amended to read as follows:
  "destitute child" shall mean AN INFANT DETERMINED TO BE THIRTY DAYS OF
AGE  OR  YOUNGER  WHO HAS BEEN ABANDONED BY HIS OR HER PARENT OR PARENTS
WITH THE INTENT TO WHOLLY ABANDON SUCH INFANT, AND WITH THE INTENT  THAT
THE  INFANT BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN AN APPROPRIATE
MANNER; OR a child under the age of eighteen who is in a state  of  want
or  suffering  due  to  lack  of  sufficient food, clothing, shelter, or
medical or surgical care and:
  S 5. Subdivisions (f) and (g) of section 1095 of the family court act,
as amended by chapter 3 of the laws of 2012,  are  amended  to  read  as
follows:
  (f) If the child has been placed pursuant to paragraph one of subdivi-
sion  (d)  of this section, the provisions of SECTION ONE THOUSAND THIR-
TY-NINE-B AND part eight of article ten of this act shall be applicable.
  (g) If the court makes an order pursuant to paragraph one of  subdivi-
sion  (d)  of  this  section,  the court may include a direction for the
commissioner of social services to provide or arrange  for  services  or
assistance, limited to those authorized or required to be made available
under  the comprehensive annual services program plan then in effect, to
ameliorate the conditions that formed the  basis  for  the  fact-finding
under  this  section  and,  if the child has been placed in the care and
custody of the  commissioner  of  social  services,  to  facilitate  the
child's  permanency plan, AND THE COURT MAY ALSO APPLY THE PROVISIONS OF
SECTION ONE THOUSAND THIRTY-NINE-B OF THIS ACT IF APPLICABLE.
  S 6. Paragraph (e) of subdivision 4 of section  384-b  of  the  social
services  law,  as  amended  by section 56 of part A of chapter 3 of the
laws of 2005, is amended and a new paragraph (f) is  added  to  read  as
follows:
  (e)  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, severely  or  repeatedly  abused  such
child.  Where  a court has determined that reasonable efforts to reunite
the child with his or her parent are not required, pursuant to the fami-
ly court act or this chapter, a petition to terminate parental rights on

S. 5682                             3

the ground of severe abuse as set forth in subparagraph (iii)  of  para-
graph  (a) of subdivision eight of this section may be filed immediately
upon such determination[.]; OR
  (F) IN THE CASE OF A CHILD WHO ENTERED FOSTER CARE UNDER CIRCUMSTANCES
WHERE  THE  CHILD WAS DETERMINED TO BE THIRTY DAYS OF AGE OR YOUNGER AND
WAS ABANDONED BY HIS OR HER PARENT OR PARENTS WITH AN INTENT  TO  WHOLLY
ABANDON  SUCH  CHILD,  AND  WITH  THE INTENT THAT THE CHILD BE SAFE FROM
PHYSICAL INJURY AND CARED FOR IN AN APPROPRIATE MANNER, AND HAS REMAINED
IN FOSTER CARE FOR A PERIOD OF AT LEAST SIXTY DAYS, AND CONTINUES TO  BE
ABANDONED BY HIS OR HER PARENT OR PARENTS.
  S  7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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