NY State Senate Bill 2019-S917

Senate Bill S917

2019-2020 Legislative Session

Eliminates the requirement for parental consent to an adoption when the parent has an order of protection against them for the protection of the other parent

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to children and families

2019-S917 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §111, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7355
2011-2012: S862
2013-2014: S3898
2015-2016: S1988
2017-2018: S552

2019-S917 (ACTIVE) - Summary

Eliminates the requirement for parental consent to an adoption when one parent has an order of protection against him or her for the protection of the other parent, a person in lawful custody of the child or the child.

2019-S917 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S917

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the domestic relations law, in relation to eliminating
the requirement of a parent to consent to the adoption of his or her
child when such parent has had an order of protection issued against him
or her for the protection of the other parent, a person having lawful
custody of such child or the child

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill eliminates the requirement for parental consent to an adoption
when the parent has an order of protection against them for the
protection of the other parent.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends paragraph (e) of subdivision 2 of section 111 of the
Domestic Relations Law to add a new paragraph (f) that provides that the

consent shall not be required of a parent, whether that parent is an
adult or child, of a child conceived or born in wedlock, if such parent
has had an order of protection imposed on them by a judge against the
other parent or persons having lawful custody of the child, or against
the child.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

This bill would correct a contradiction in state domestic relations law
which stipulates that if an adoption of a child is pending, a parent's
involvement, including direct contact is required. This creates a prob-
lem when one of the parents has been deemed dangerous by the court
system and has subsequently had an order of protection placed against
them. The bill would also have the effect of protecting the process of
adoption of children from manipulation by abusers with a history of
domestic violence.

 
PRIOR LEGISLATIVE HISTORY:

2017,2018: S.552 Referred to Children and Families

2015,2016: S.1988 Referred to Children and Families

2013,2014: S.3898 Referred to Children and Families

2011,2012: S.862 Referred to Children and Families

2009,2010: S.7355 Referred to Children and Families

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One hundred and eighty days after it shall become law.

2019-S917 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    917
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the domestic relations law, in relation  to  eliminating
   the  requirement  of a parent to consent to the adoption of his or her
   child when such parent has had an order of protection  issued  against
   him  or  her  for  the protection of the other parent, a person having
   lawful custody of such child or the child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2 of section 111 of the domes-
 tic  relations  law,  as  amended by chapter 375 of the laws of 1997, is
 amended and a new paragraph (f) is added to read as follows:
   (e) who has executed an instrument, which shall be irrevocable,  deny-
 ing  the  paternity  of  the child, such instrument having been executed
 after conception and acknowledged or proved in the  manner  required  to
 permit the recording of a deed[.]; OR
   (F) WHO, WHETHER AN ADULT OR CHILD:
   (I) IS THE PARENT OF THE CHILD; AND
   (II)  IS  THE SPOUSE OR FORMER SPOUSE OF THE OTHER PARENT OF THE CHILD
 CONCEIVED OR BORN IN WEDLOCK; AND
   (III) HAS HAD AN ORDER OF PROTECTION ISSUED AGAINST HIM OR HER FOR THE
 PROTECTION OF THE OTHER PARENT, A PERSON HAVING LAWFUL CUSTODY  OF  SUCH
 CHILD  OR  THE CHILD, WHICH IS IN EFFECT AT THE TIME OF THE PLACEMENT OF
 THE CHILD OR AT ANY TIME DURING THE  SIX  MONTH  PERIOD  PRECEDING  SUCH
 PLACEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03630-01-9

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