Assembly Bill A9518

Signed By Governor
2015-2016 Legislative Session

Relates to the substitution of the term intellectual disability for the term mental retardation in family court proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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

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2015-A9518 (ACTIVE) - Details

See Senate Version of this Bill:
S6858
Law Section:
Domestic Relations Law
Laws Affected:
Amd §111, Dom Rel L; amd §§115, 231, 301.2, 322.2, 353.4 & 380.1, Fam Ct Act; amd §§508 & 509, Exec L; amd §§384-b, 422 & 424, Soc Serv L

2015-A9518 (ACTIVE) - Summary

Substitutes the term intellectual disability for the term mental retardation in family court proceedings.

2015-A9518 (ACTIVE) - Bill Text download pdf

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

                                  9518

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SIMON, WEINSTEIN, ABINANTI -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee on Judiciary

AN  ACT  to  amend the domestic relations law, the family court act, the
  executive law and the social services law, in relation to the  substi-
  tution  of the term intellectual disability for the term mental retar-
  dation in family court proceedings

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

  Section 1. Paragraph (d) of subdivision 2 of section 111 of the domes-
tic  relations  law,  as  amended by chapter 911 of the laws of 1983, is
amended to read as follows:
  (d) who, by reason of mental illness or [mental retardation] INTELLEC-
TUAL DISABILITY, as defined in subdivision six of section three  hundred
eighty-four-b of the social services law, is presently and for the fore-
seeable future unable to provide proper care for the child. The determi-
nation  as  to  whether  a parent is mentally ill or [mentally retarded]
INTELLECTUALLY DISABLED shall be made in accordance  with  the  criteria
and  procedures  set  forth  in subdivision six of section three hundred
eighty-four-b of the social services law; or
  S 2. Paragraph (iv) of subdivision (a) of section 115  of  the  family
court  act, as amended by chapter 185 of the laws of 2006, is amended to
read as follows:
  (iv) proceedings to permanently terminate parental rights to guardian-
ship and custody of a child: (A) by reason of permanent neglect, as  set
forth in part one of article six of this act and paragraph (d) of subdi-
vision  four  of  section  three  hundred  eighty-four-b  of  the social
services law, (B) by reason  of  mental  illness,  [mental  retardation]
INTELLECTUAL DISABILITY and severe or repeated child abuse, as set forth
in  paragraphs  (c) and (e) of subdivision four of section three hundred
eighty-four-b of the social services law, and (C) by reason of the death
of one or both parents, where no guardian of the person of the child has
been lawfully appointed, or by reason of abandonment of the child for  a
period  of  six  months immediately prior to the filing of the petition,

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

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