S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1479
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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, in relation to establishing proce-
   dures for the termination of parental rights upon the application of a
   parent or guardian

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by adding a new article 6-A
 to read as follows:
                                ARTICLE 6-A
                 PERMANENT TERMINATION OF PARENTAL RIGHTS
                 UPON APPLICATION OF A PARENT OR GUARDIAN
 SECTION 675. PURPOSE OF ARTICLE.
         676. JURISDICTION.
         677. DEFINITIONS.
         678. ORIGINATING  PROCEEDING  FOR  THE  TERMINATION  OF PARENTAL
                RIGHTS WITH RESPECT TO A PERMANENTLY NEGLECTED CHILD.
         679. ISSUANCE OF SUMMONS.
         680. SERVICE OF SUMMONS.
         681. PROCEDURAL MATTERS.
         682. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
         683. EVIDENCE.
         684. HEARINGS.
         685. DETERMINATION.
         686. ADJOURNMENTS.
         687. DISPOSITION ON ADJUDICATION OF PERMANENT NEGLECT.
         688. ORDER DISMISSING PETITION.
         689. SUSPENDED JUDGMENT.
         690. TERMINATION OF PARENTAL RIGHTS; FURTHER ORDERS.
         691. ISSUANCE OF WARRANT; CERTIFICATE OF WARRANT.
   § 675. PURPOSE OF ARTICLE. THE PURPOSE OF THIS ARTICLE IS  TO  PROVIDE
 THE  PROCEDURES FOR PROCEEDINGS INITIATED IN FAMILY COURT BY A PARENT OR
 GUARDIAN FOR THE TERMINATION OF THE RIGHTS OF A  RESPONDENT-PARENT  UPON

              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04938-01-1

 S. 1479                             2
 
 THE  GROUND  THAT  THE  RESPONDENT-PARENT  HAS PERMANENTLY NEGLECTED THE
 CHILD.
   §  676.  JURISDICTION. THE FAMILY COURT SHALL HAVE EXCLUSIVE, ORIGINAL
 JURISDICTION OVER ANY PROCEEDING BROUGHT UPON GROUNDS SPECIFIED IN  THIS
 ARTICLE.
   § 677. DEFINITIONS. AS USED IN THIS ARTICLE:
   (A)  "PERMANENTLY  NEGLECTED  CHILD"  SHALL MEAN A CHILD WHOSE RESPON-
 DENT-PARENT OR CUSTODIAN HAS FAILED FOR A PERIOD OF EITHER AT LEAST  ONE
 YEAR  SUBSTANTIALLY AND CONTINUOUSLY, OR REPEATEDLY, TO MAINTAIN CONTACT
 WITH OR PLAN FOR THE FUTURE OF THE CHILD, ALTHOUGH PHYSICALLY AND FINAN-
 CIALLY ABLE TO DO SO;
   (B) "PETITIONER" OR "PETITIONER-PARENT" MEANS THE PARENT  OR  GUARDIAN
 COMMENCING  THE  ACTION  TO TERMINATE THE PARENTAL RIGHTS OF THE RESPON-
 DENT-PARENT;
   (C) "RESPONDENT-PARENT" MEANS THE PARENT  WHOSE  PARENTAL  RIGHTS  ARE
 SUBJECT TO TERMINATION;
   (D)  "FACT-FINDING  HEARING"  MEANS A HEARING TO DETERMINE WHETHER THE
 ALLEGATIONS REQUIRED BY PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION (A)
 OF SECTION SIX HUNDRED SEVENTY-EIGHT OF THIS ARTICLE  ARE  SUPPORTED  BY
 CLEAR AND CONVINCING PROOF; AND
   (E) "DISPOSITIONAL HEARING" MEANS A HEARING TO DETERMINE WHAT ORDER OF
 DISPOSITION  SHOULD BE MADE IN ACCORDANCE WITH THE BEST INTERESTS OF THE
 CHILD.
   § 678. ORIGINATING PROCEEDING FOR THE TERMINATION OF  PARENTAL  RIGHTS
 WITH  RESPECT TO A PERMANENTLY NEGLECTED CHILD. (A) A PROCEEDING FOR THE
 TERMINATION OF PARENTAL RIGHTS WITH RESPECT TO A CHILD ON THE GROUND  OF
 PERMANENT NEGLECT IS ORIGINATED BY A PETITION AND NOTICE SERVED UPON THE
 RESPONDENT-PARENT OR HIS OR HER ATTORNEY, ALLEGING:
   1. THE CHILD IS A PERSON UNDER EIGHTEEN YEARS OF AGE;
   2. THE CHILD IS IN THE CARE OF ONE OF HIS OR HER PARENTS OR OF A GUAR-
 DIAN;
   3.  THE  CHILD'S RESPONDENT-PARENT HAS FAILED TO MAINTAIN CONTACT WITH
 OR PLAN FOR THE FUTURE OF THE CHILD, ALTHOUGH PHYSICALLY AND FINANCIALLY
 ABLE TO DO SO, FOR A PERIOD OF AT LEAST ONE YEAR; AND
   4. THE BEST INTERESTS OF THE CHILD REQUIRE THAT THE PARENTAL RIGHTS OF
 THE RESPONDENT-PARENT BE TERMINATED.
   (B) SUCH NOTICE SHALL INFORM THE RESPONDENT-PARENT THAT THE PROCEEDING
 MAY RESULT IN AN ORDER TERMINATING  HIS  OR  HER  PARENTAL  RIGHTS  WITH
 RESPECT  TO  THE  CHILD  WITHOUT THE CONSENT OF OR NOTICE TO THE RESPON-
 DENT-PARENT. SUCH NOTICE ALSO SHALL INFORM THE RESPONDENT-PARENT OF  HIS
 OR  HER RIGHT TO THE ASSISTANCE OF COUNSEL, INCLUDING ANY RIGHT THEY MAY
 HAVE TO HAVE COUNSEL ASSIGNED BY THE COURT IN ANY CASE  WHERE  THEY  ARE
 FINANCIALLY  UNABLE  TO OBTAIN COUNSEL. THE PETITION SHALL SET FORTH THE
 NAMES AND LAST KNOWN ADDRESSES OF THE RESPONDENT-PARENT.
   § 679. ISSUANCE OF SUMMONS. ON THE FILING OF  A  PETITION  UNDER  THIS
 ARTICLE,  THE COURT MAY CAUSE A COPY OF THE PETITION AND A SUMMONS TO BE
 ISSUED, REQUIRING THE RESPONDENT-PARENT TO  SHOW  CAUSE  WHY  THE  COURT
 SHOULD NOT ENTER AN ORDER COMMITTING THE GUARDIANSHIP AND CUSTODY OF THE
 CHILD  TO  THE PETITIONER-PARENT FOR THE REASON THAT THE CHILD IS PERMA-
 NENTLY NEGLECTED BY THE RESPONDENT-PARENT.
   § 680. SERVICE OF SUMMONS. (A) SERVICE OF A SUMMONS AND PETITION UNDER
 THIS ARTICLE SHALL BE MADE BY DELIVERY OF A TRUE  COPY  THEREOF  TO  THE
 PERSON  SUMMONED AT LEAST TWENTY DAYS BEFORE THE TIME STATED THEREIN FOR
 APPEARANCE. IF SO REQUESTED BY  THE  RESPONDENT-PARENT,  THE  COURT  MAY
 EXTEND THE TIME FOR APPEARANCE AND ANSWER.

 S. 1479                             3
 
   (B)  IF  AFTER  REASONABLE  EFFORT, PERSONAL SERVICE IS NOT MADE, SUCH
 SUBSTITUTED SERVICE OR SERVICE BY PUBLICATION AS MAY BE ORDERED  BY  THE
 JUDGE SHALL BE SUFFICIENT.
   (C) PERSONAL SERVICE WITHIN OR WITHOUT THE STATE OR IN A FOREIGN COUN-
 TRY  SHALL  BE  MADE  IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
 HUNDRED SEVEN OF THE SURROGATE'S COURT PROCEDURE ACT, AS THE SAME MAY BE
 AMENDED FROM TIME TO TIME, WITH RESPECT TO SERVICE OF A CITATION.
   (D) SERVICE OF THE SUMMONS AND OTHER PROCESS WITH A NOTICE  AS  SPECI-
 FIED  HEREIN  BY  PUBLICATION  SHALL  BE  MADE  IN  ACCORDANCE  WITH THE
 PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE  LAW  AND
 RULES,  PROVIDED,  HOWEVER,  THAT A SINGLE PUBLICATION OF THE SUMMONS OR
 OTHER PROCESS WITH A NOTICE AS SPECIFIED HEREIN IN  ONLY  ONE  NEWSPAPER
 DESIGNATED IN THE ORDER SHALL BE SUFFICIENT. IN NO EVENT SHALL THE WHOLE
 PETITION  BE  PUBLISHED.  THE  PETITION SHALL BE DELIVERED TO THE PERSON
 SUMMONED AT THE FIRST COURT APPEARANCE PURSUANT TO SECTION  ONE  HUNDRED
 FIFTY-FOUR-A OF THIS ACT. THE NOTICE TO BE PUBLISHED WITH THE SUMMONS OR
 OTHER PROCESS SHALL STATE:
   1. THE DATE, TIME, PLACE AND PURPOSE OF THE PROCEEDING;
   2.  THAT  UPON FAILURE OF THE PERSON SUMMONED TO APPEAR, ALL OF HIS OR
 HER PARENTAL RIGHTS WITH RESPECT TO THE CHILD MAY BE TERMINATED; AND
   3. THAT HIS OR HER FAILURE TO APPEAR SHALL CONSTITUTE A DENIAL OF  HIS
 OR  HER  INTEREST IN THE CHILD, WHICH DENIAL MAY RESULT, WITHOUT FURTHER
 NOTICE, IN THE TERMINATION OF HIS OR HER PARENTAL RIGHTS WITH RESPECT TO
 THE CHILD.
   § 681. PROCEDURAL MATTERS. (A) THE PROVISIONS OF ARTICLES ONE, TWO AND
 ELEVEN OF THIS ACT SHALL APPLY TO THE EXTENT THAT THEY DO  NOT  CONFLICT
 WITH  THE  SPECIFIC  PROVISIONS OF THIS ARTICLE. IN ANY PROCEEDING UNDER
 THIS SECTION, THE PROVISIONS AND LIMITATIONS OF  ARTICLE  THIRTY-ONE  OF
 THE  CIVIL PRACTICE LAW AND RULES SHALL APPLY TO THE EXTENT THAT THEY DO
 NOT CONFLICT WITH THE SPECIFIC PROVISIONS OF  THIS  ARTICLE.  THE  COURT
 SHALL SET A SCHEDULE FOR DISCOVERY TO AVOID UNNECESSARY DELAY.
   (B) IN ANY PROCEEDING BROUGHT PURSUANT TO THE PROVISIONS OF THIS ARTI-
 CLE,  NEITHER  THE  PRIVILEGE  ATTACHING  TO CONFIDENTIAL COMMUNICATIONS
 BETWEEN HUSBAND AND WIFE, AS SET FORTH IN SECTION FORTY-FIVE HUNDRED TWO
 OF THE CIVIL PRACTICE LAW  AND  RULES,  NOR  THE  PHYSICIAN-PATIENT  AND
 RELATED  PRIVILEGES,  AS SET FORTH IN SECTION FORTY-FIVE HUNDRED FOUR OF
 THE CIVIL PRACTICE LAW AND RULES, NOR THE PSYCHOLOGIST-CLIENT PRIVILEGE,
 AS SET FORTH IN SECTION FORTY-FIVE HUNDRED SEVEN OF THE  CIVIL  PRACTICE
 LAW  AND  RULES, NOR THE SOCIAL WORKER-CLIENT PRIVILEGE, AS SET FORTH IN
 SECTION FORTY-FIVE HUNDRED EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES,
 SHALL BE A GROUND FOR EXCLUDING EVIDENCE WHICH OTHERWISE WOULD BE ADMIS-
 SIBLE.
   §  682.  NONDISCLOSURE  OF  INFORMATION  IN EXCEPTIONAL CIRCUMSTANCES.
 UPON A FINDING, WHICH MAY BE MADE EX PARTE, THAT THE HEALTH, SAFETY,  OR
 LIBERTY  OF THE PETITIONER-PARENT OR THE CHILD WOULD BE UNREASONABLY PUT
 AT RISK BY THE DISCLOSURE OF IDENTIFYING INFORMATION, OR IF AN  EXISTING
 ORDER  SO  PROVIDES, THE COURT SHALL ORDER THAT THE ADDRESS OF THE CHILD
 OR PETITIONER OR OTHER IDENTIFYING INFORMATION NOT  BE  DISCLOSED  IN  A
 PLEADING  OR OTHER DOCUMENT FILED IN A PROCEEDING UNDER THIS ARTICLE. IN
 DETERMINING ANY MOTION FOR A PROTECTIVE ORDER, THE COURT SHALL  CONSIDER
 THE  NEED  OF  THE  RESPONDENT-PARENT FOR THE DISCOVERY TO ASSIST IN THE
 PREPARATION OF THE CASE AND ANY POTENTIAL HARM TO  THE  CHILD  FROM  THE
 DISCOVERY.
   § 683. EVIDENCE. ONLY COMPETENT, MATERIAL AND RELEVANT EVIDENCE MAY BE
 ADMITTED  IN A FACT-FINDING HEARING; ONLY MATERIAL AND RELEVANT EVIDENCE
 MAY BE ADMITTED IN A DISPOSITIONAL HEARING. EVIDENCE OF PARENTAL CONTACT

 S. 1479                             4
 
 OR OF FAILURE TO MAINTAIN CONTACT WITH A CHILD SUBSEQUENT TO THE DATE OF
 THE FILING OF A PETITION UNDER THIS PART SHALL BE  INADMISSIBLE  IN  THE
 FACT-FINDING HEARING. SUCH EVIDENCE MAY BE ADMITTED IN THE DISPOSITIONAL
 HEARING  BUT  SHALL  NOT, OF ITSELF, BE SUFFICIENT AS A MATTER OF LAW TO
 PRECLUDE  OR  REQUIRE  AN  ORDER  TERMINATING  THE   RESPONDENT-PARENT'S
 PARENTAL RIGHTS WITH RESPECT TO THE CHILD.
   §  684. HEARINGS. (A) UPON COMPLETION OF THE FACT-FINDING HEARING, THE
 DISPOSITIONAL HEARING MAY COMMENCE IMMEDIATELY AFTER THE REQUIRED  FIND-
 INGS  ARE MADE; PROVIDED, HOWEVER, THAT IF ALL PARTIES CONSENT THE COURT
 MAY, UPON MOTION OF ANY PARTY OR UPON ITS OWN MOTION, DISPENSE WITH  THE
 DISPOSITIONAL  HEARING  AND MAKE AN ORDER OF DISPOSITION ON THE BASIS OF
 COMPETENT EVIDENCE ADMITTED AT THE FACT-FINDING HEARING.
   (B) REPORTS PREPARED BY THE PROBATION SERVICE  OR  A  DULY  AUTHORIZED
 AGENCY  FOR USE BY THE COURT PRIOR TO THE MAKING OF AN ORDER OF DISPOSI-
 TION SHALL BE DEEMED CONFIDENTIAL INFORMATION  FURNISHED  TO  THE  COURT
 WHICH  THE  COURT IN A PROPER CASE MAY, IN ITS DISCRETION, WITHHOLD FROM
 OR DISCLOSE IN WHOLE OR IN PART TO THE PETITIONER'S  ATTORNEY,  COUNSEL,
 PARTY  IN INTEREST, OR OTHER APPROPRIATE PERSON. SUCH REPORTS MAY NOT BE
 FURNISHED TO THE COURT PRIOR TO THE COMPLETION OF A  FACT-FINDING  HEAR-
 ING,  BUT  MAY BE USED IN A DISPOSITIONAL HEARING OR IN THE MAKING OF AN
 ORDER OF DISPOSITION WITHOUT A DISPOSITIONAL HEARING PURSUANT TO  SUBDI-
 VISION (A) OF THIS SECTION.
   § 685. DETERMINATION. (A) A DETERMINATION OF WHETHER A RESPONDENT-PAR-
 ENT  HAS  FAILED  FOR A PERIOD OF EITHER AT LEAST ONE YEAR SUBSTANTIALLY
 AND CONTINUOUSLY, OR REPEATEDLY, TO MAINTAIN CONTACT WITH  OR  PLAN  FOR
 THE  FUTURE OF THE CHILD, ALTHOUGH PHYSICALLY AND FINANCIALLY ABLE TO DO
 SO SHALL BE BASED ON EVIDENCE, WHICH MAY INCLUDE THE FOLLOWING:
   1. A RESPONDENT-PARENT'S EXPRESSIONS OR ACTS MANIFESTING  CONCERN  FOR
 THE  CHILD, SUCH AS LETTERS, TELEPHONE CALLS AND OTHER FORMS OF COMMUNI-
 CATION WITH THE CHILD;
   2. THE PAYMENT BY THE RESPONDENT-PARENT  TOWARD  THE  SUPPORT  OF  THE
 CHILD OF A FAIR AND REASONABLE SUM, ACCORDING TO THE RESPONDENT-PARENT'S
 MEANS;
   3.  EITHER:  (I)  THE  RESPONDENT-PARENT'S VISITING THE CHILD AT LEAST
 MONTHLY WHEN PHYSICALLY AND FINANCIALLY ABLE TO DO SO AND NOT  PREVENTED
 FROM  DOING SO BY THE PERSON HAVING LAWFUL CUSTODY OF THE CHILD; OR (II)
 THE RESPONDENT-PARENT'S REGULAR COMMUNICATION WITH THE CHILD OR WITH THE
 PERSON HAVING THE CARE OR CUSTODY OF  THE  CHILD,  WHEN  PHYSICALLY  AND
 FINANCIALLY  UNABLE TO VISIT THE CHILD OR PREVENTED FROM DOING SO BY THE
 PERSON HAVING LAWFUL CUSTODY OF THE CHILD;
   4. EFFORTS BY THE RESPONDENT-PARENT TO COMMUNICATE AND WORK  WITH  THE
 PETITIONER-PARENT,  THE  COURT  AND  THE RESPONDENT-PARENT'S ATTORNEY OR
 OTHER INDIVIDUALS PROVIDING SERVICES TO THE RESPONDENT-PARENT, INCLUDING
 CORRECTIONAL,  MENTAL  HEALTH  AND  SUBSTANCE  ABUSE  TREATMENT  PROGRAM
 PERSONNEL FOR THE PURPOSE OF COMPLYING WITH A SERVICE PLAN OR COURT-ORD-
 ERED  PLAN  AND  REPAIRING,  MAINTAINING  OR  BUILDING  THE PARENT-CHILD
 RELATIONSHIP;
   5. WHETHER THE RESPONDENT-PARENT OPENLY LIVED WITH  THE  CHILD  AND/OR
 THE  PETITIONER  PARENT FOR A CONTINUOUS PERIOD OF SIX MONTHS WITHIN THE
 ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FILING OF THE PETITION AND WHO
 DURING SUCH PERIOD OPENLY HELD HIMSELF OR HERSELF OUT TO BE  THE  PARENT
 OF SUCH CHILD;
   6.  IN  THE  CASE OF A CHILD UNDER THE AGE OF SIX MONTHS OF AGE AT THE
 TIME OF THE FILING OF THE PETITION, WHETHER THE RESPONDENT-PARENT FATHER
 PAID A FAIR AND REASONABLE SUM, IN ACCORDANCE WITH HIS  MEANS,  FOR  THE

 S. 1479                             5
 
 MEDICAL,  HOSPITAL  AND NURSING EXPENSES INCURRED IN CONNECTION WITH THE
 PETITIONER-PARENT MOTHER'S PREGNANCY AND/OR WITH THE BIRTH OF THE CHILD;
   7. WHETHER THE RESPONDENT-PARENT SURRENDERED OR ATTEMPTED TO SURRENDER
 THE  CHILD TO AN AUTHORIZED AGENCY UNDER THE PROVISIONS OF SECTION THREE
 HUNDRED EIGHTY-THREE-C  OR  THREE  HUNDRED  EIGHTY-FOUR  OF  THE  SOCIAL
 SERVICES  LAW,  OR  WHETHER  A GUARDIAN HAS BEEN APPOINTED FOR THE CHILD
 UNDER THE PROVISIONS OF  SECTION  THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE
 SOCIAL SERVICES LAW; OR
   8.  WHETHER  THE RESPONDENT-PARENT HAS MAINTAINED A MEANINGFUL ROLE IN
 HIS OR HER CHILD'S LIFE IN ANY FORM; AND
   9. WHETHER THE INVOLVEMENT OR CONTINUED  INVOLVEMENT  OF  THE  RESPON-
 DENT-PARENT IN THE CHILD'S LIFE IS IN THE CHILD'S BEST INTEREST.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 THE COURT SHALL TERMINATE THE PARENTAL RIGHTS OF A RESPONDENT-PARENT WHO
 HAS  EXECUTED  AN  INSTRUMENT,  WHICH  SHALL BE IRREVOCABLE, DENYING 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.
   (C)  1.  THE  SUBJECTIVE  INTENT  OF  THE  RESPONDENT-PARENT,  WHETHER
 EXPRESSED  OR  OTHERWISE,  UNSUPPORTED  BY EVIDENCE OF ACTS SPECIFIED IN
 SUBDIVISION (A) OF THIS  SECTION  MANIFESTING  SUCH  INTENT,  SHALL  NOT
 PRECLUDE  A DETERMINATION THAT THE RESPONDENT-PARENT FAILED FOR A PERIOD
 OF EITHER AT LEAST ONE YEAR SUBSTANTIALLY AND CONTINUOUSLY, OR REPEATED-
 LY, TO MAINTAIN CONTACT WITH OR  PLAN  FOR  THE  FUTURE  OF  THE  CHILD,
 ALTHOUGH  PHYSICALLY  AND  FINANCIALLY  ABLE.  IN MAKING SUCH A DETERMI-
 NATION, THE COURT SHALL NOT REQUIRE A SHOWING OF DILIGENT EFFORTS BY ANY
 PERSON OR AGENCY TO ENCOURAGE THE RESPONDENT-PARENT TO PERFORM THE  ACTS
 SPECIFIED IN SUBDIVISION (A) OF THIS SECTION.
   2.  EVIDENCE  OF INSUBSTANTIAL OR INFREQUENT CONTACTS BY A RESPONDENT-
 PARENT WITH HIS OR HER CHILD SHALL NOT, OF ITSELF, BE  SUFFICIENT  AS  A
 MATTER  OF  LAW  TO PRECLUDE A DETERMINATION THAT SUCH CHILD IS A PERMA-
 NENTLY NEGLECTED CHILD. A VISIT OR COMMUNICATION BY A  RESPONDENT-PARENT
 WITH  THE  CHILD  WHICH IS OF SUCH CHARACTER AS TO OVERTLY DEMONSTRATE A
 LACK OF AFFECTIONATE AND CONCERNED PARENTHOOD  SHALL  NOT  BE  DEEMED  A
 SUBSTANTIAL CONTACT.
   3.  IN  THE  ABSENCE OF EVIDENCE TO THE CONTRARY, THE ABILITY TO VISIT
 AND COMMUNICATE WITH A CHILD OR WITH THE PERSON HAVING  CUSTODY  OF  THE
 CHILD SHALL BE PRESUMED.
   (D) 1. THE COURT SHALL CONSIDER THE SPECIAL CIRCUMSTANCES OF A RESPON-
 DENT-PARENT  SERVING IN THE ARMED FORCES, OF AN INCARCERATED RESPONDENT-
 PARENT, OF A MENTALLY ILL OR MENTALLY RETARDED RESPONDENT-PARENT AND  OF
 A  RESPONDENT-PARENT  PARTICIPATING  IN  A  RESIDENTIAL  SUBSTANCE ABUSE
 TREATMENT PROGRAM, WHEN DETERMINING WHETHER A CHILD  IS  A  "PERMANENTLY
 NEGLECTED  CHILD"  AS  DEFINED IN THIS ARTICLE. IN SUCH CASES, THE COURT
 ALSO SHALL CONSIDER THE PARTICULAR CONSTRAINTS, INCLUDING BUT NOT LIMIT-
 ED TO, LIMITATIONS PLACED ON FAMILY CONTACT AND  THE  UNAVAILABILITY  OF
 SOCIAL  OR  REHABILITATIVE SERVICES TO AID IN THE DEVELOPMENT OF A MEAN-
 INGFUL RELATIONSHIP BETWEEN THE RESPONDENT-PARENT AND HIS OR HER  CHILD,
 THAT  MAY  IMPACT  THE  RESPONDENT-PARENT'S ABILITY TO SUBSTANTIALLY AND
 CONTINUOUSLY OR REPEATEDLY MAINTAIN CONTACT WITH HIS OR HER CHILD AND TO
 PLAN FOR THE FUTURE OF HIS OR HER CHILD.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) A RESPONDENT-PARENT SHALL NOT BE DEEMED UNABLE TO MAINTAIN CONTACT
 WITH OR PLAN FOR THE FUTURE OF THE CHILD BY REASON OF SUCH PARENT'S  USE
 OF DRUGS OR ALCOHOL, EXCEPT WHILE THE PARENT IS ACTUALLY HOSPITALIZED OR
 INSTITUTIONALIZED THEREFOR; AND

 S. 1479                             6

   (II)  THE  TIME DURING WHICH A RESPONDENT-PARENT IS ACTUALLY HOSPITAL-
 IZED OR INSTITUTIONALIZED, FOR MENTAL OR  PHYSICAL  ILLNESS  OR  DUE  TO
 SUBSTANCE ABUSE, SHALL NOT INTERRUPT, BUT SHALL NOT BE PART OF, A PERIOD
 OF FAILURE TO MAINTAIN CONTACT WITH OR PLAN FOR THE FUTURE OF A CHILD.
   3. THE DETERMINATION AS TO WHETHER A PARENT IS MENTALLY ILL OR MENTAL-
 LY RETARDED 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.  ANY PROVISIONS OF THIS ARTICLE WHICH EXPLICIT-
 LY OR IMPLICITLY APPLY TO, OR REFERENCE, PERSONS WHO  ARE,  OR  WHO  ARE
 ALLEGED TO BE, MENTALLY RETARDED SHALL BE DEEMED TO APPLY TO, OR TO BE A
 REFERENCE TO, PERSONS WHO ARE, OR WHO ARE ALLEGED TO BE, DEVELOPMENTALLY
 DISABLED.
   (E)  AS  USED  IN  THIS ARTICLE, "TO PLAN FOR THE FUTURE OF THE CHILD"
 SHALL MEAN TO TAKE  SUCH  STEPS  AS  MAY  BE  NECESSARY  TO  PROVIDE  AN
 ADEQUATE, STABLE HOME AND PARENTAL CARE FOR THE CHILD WITHIN A PERIOD OF
 TIME  WHICH IS REASONABLE UNDER THE FINANCIAL CIRCUMSTANCES AVAILABLE TO
 THE PARENT. THE PLAN MUST BE REALISTIC  AND  FEASIBLE,  AND  GOOD  FAITH
 EFFORT  SHALL NOT, OF ITSELF, BE DETERMINATIVE. IN DETERMINING WHETHER A
 RESPONDENT-PARENT HAS PLANNED FOR THE FUTURE OF THE CHILD, THE COURT MAY
 CONSIDER THE FAILURE OF THE  PARENT  TO  UTILIZE  MEDICAL,  PSYCHIATRIC,
 PSYCHOLOGICAL  AND OTHER SOCIAL AND REHABILITATIVE SERVICES AND MATERIAL
 RESOURCES MADE AVAILABLE TO SUCH PARENT.
   § 686. ADJOURNMENTS. (A) THE COURT MAY ADJOURN A FACT-FINDING  HEARING
 OR  A DISPOSITIONAL HEARING FOR GOOD CAUSE SHOWN ON ITS OWN MOTION OR ON
 MOTION MADE ON BEHALF OF THE CHILD, OR  ON  MOTION  OF  THE  PETITIONER-
 PARENT OR OF THE RESPONDENT-PARENT.
   (B)  AT THE CONCLUSION OF A FACT-FINDING HEARING AND AFTER IT HAS MADE
 FINDINGS REQUIRED BEFORE A DISPOSITIONAL HEARING MAY COMMENCE, THE COURT
 MAY ADJOURN THE PROCEEDINGS TO  ENABLE  IT  TO  MAKE  INQUIRY  INTO  THE
 SURROUNDINGS,  CONDITIONS, AND CAPACITIES OF THE PERSONS INVOLVED IN THE
 PROCEEDINGS.
   § 687. DISPOSITION ON ADJUDICATION OF PERMANENT NEGLECT.  (A)  AT  THE
 CONCLUSION  OF A DISPOSITIONAL HEARING ON A PETITION FOR THE TERMINATION
 OF PARENTAL RIGHTS WITH RESPECT TO A CHILD, THE  COURT  SHALL  ENTER  AN
 ORDER OF DISPOSITION:
   1.  DISMISSING THE PETITION IN ACCORD WITH SECTION SIX HUNDRED EIGHTY-
 EIGHT OF THIS ARTICLE; OR
   2. SUSPENDING JUDGMENT IN ACCORD WITH SECTION SIX HUNDRED  EIGHTY-NINE
 OF THIS ARTICLE; OR
   3. TERMINATING THE RESPONDENT-PARENT'S PARENTAL RIGHTS WITH RESPECT TO
 THE CHILD IN ACCORDANCE WITH SECTION SIX HUNDRED NINETY OF THIS ARTICLE;
 PROVIDED,  HOWEVER,  THAT  AN  ORDER OF DISPOSITION TERMINATING PARENTAL
 RIGHTS WITH RESPECT TO A CHILD MAY NOT  BE  ENTERED  AFTER  THE  CHILD'S
 EIGHTEENTH BIRTHDAY, UNLESS THE CHILD CONSENTS.
   (B)  AN  ORDER OF DISPOSITION SHALL BE MADE, PURSUANT TO THIS SECTION,
 SOLELY ON THE BASIS OF THE BEST INTERESTS OF THE CHILD, AND THERE  SHALL
 BE NO PRESUMPTION THAT SUCH INTERESTS WILL BE PROMOTED BY ANY PARTICULAR
 DISPOSITION.
   § 688. ORDER DISMISSING PETITION. (A) IF THE ALLEGATIONS OF A PETITION
 UNDER  THIS  ARTICLE  ARE  NOT  ESTABLISHED, THE COURT SHALL DISMISS THE
 PETITION.
   (B) IF A MOTION OR APPLICATION HAS  BEEN  MADE  IN  THE  COURSE  OF  A
 PROCEEDING  UNDER  THIS  ARTICLE  TO  RECONSIDER  AN UNDERLYING ORDER OF
 TERMINATION, OR UPON THE COURT'S OWN MOTION ON NOTICE  TO  ALL  PARTIES,
 THE  COURT RETAINS JURISDICTION TO DISPOSE OF THAT MOTION OR APPLICATION
 REGARDLESS OF WHETHER IT DISMISSES THE PETITION.

 S. 1479                             7
 
   § 689. SUSPENDED JUDGMENT. (A) RULES OF COURT SHALL DEFINE PERMISSIBLE
 TERMS AND CONDITIONS OF A SUSPENDED JUDGMENT. THESE TERMS AND CONDITIONS
 SHALL RELATE TO THE ACTS OR OMISSIONS OF THE RESPONDENT-PARENT.
   (B) THE MAXIMUM DURATION OF A SUSPENDED JUDGMENT UNDER THIS SECTION IS
 ONE  YEAR,  UNLESS THE COURT FINDS AT THE CONCLUSION OF THAT PERIOD THAT
 EXCEPTIONAL CIRCUMSTANCES REQUIRE AN EXTENSION OF THAT  PERIOD  FOR  ONE
 ADDITIONAL  PERIOD  OF  UP TO ONE YEAR. SUCCESSIVE EXTENSIONS MAY NOT BE
 GRANTED.
   (C) THE ORDER OF SUSPENDED JUDGMENT MUST SET FORTH THE DURATION, TERMS
 AND CONDITIONS OF THE  SUSPENDED  JUDGMENT,  AND  MUST  CONTAIN  A  DATE
 CERTAIN FOR A COURT REVIEW NOT LATER THAN THIRTY DAYS PRIOR TO THE EXPI-
 RATION OF THE PERIOD OF SUSPENDED JUDGMENT. THE ORDER OF SUSPENDED JUDG-
 MENT  MUST  ALSO  STATE  IN CONSPICUOUS PRINT THAT A FAILURE TO OBEY THE
 ORDER MAY LEAD TO ITS REVOCATION AND TO THE ISSUANCE OF AN ORDER  TERMI-
 NATING PARENTAL RIGHTS. A COPY OF THE ORDER OF SUSPENDED JUDGMENT, ALONG
 WITH ANY PLAN THE RESPONDENT-PARENT IS TO COMPLY WITH, MUST BE FURNISHED
 TO THE RESPONDENT-PARENT.
   (D)  NOT  LATER THAN SIXTY DAYS BEFORE THE EXPIRATION OF THE PERIOD OF
 SUSPENDED JUDGMENT, THE RESPONDENT-PARENT SHALL FILE A REPORT  WITH  THE
 FAMILY COURT AND ALL PARTIES, INCLUDING THE PETITIONER-PARENT AND HIS OR
 HER  ATTORNEY,  THE  CHILD'S ATTORNEY AND INTERVENERS, IF ANY, REGARDING
 THE RESPONDENT-PARENT'S COMPLIANCE WITH THE TERMS OF SUSPENDED JUDGMENT.
 THE PETITIONER-PARENT, THE CHILD'S ATTORNEY AND INTERVENERS, IF ANY, MAY
 FILE A RESPONSE TO THE RESPONDENT-PARENT'S REPORT NOT LATER THAN  THIRTY
 DAYS  BEFORE  THE  EXPIRATION  OF  THE PERIOD OF SUSPENDED JUDGMENT. THE
 REPORT AND RESPONSE SHALL BE REVIEWED BY  THE  COURT  ON  THE  SCHEDULED
 COURT  DATE. UNLESS A MOTION OR ORDER TO SHOW CAUSE HAS BEEN FILED PRIOR
 TO THE EXPIRATION  OF  THE  PERIOD  OF  SUSPENDED  JUDGMENT  ALLEGING  A
 VIOLATION  OR  SEEKING AN EXTENSION OF THE PERIOD OF THE SUSPENDED JUDG-
 MENT, THE TERMS OF THE DISPOSITION OF SUSPENDED JUDGMENT SHALL BE DEEMED
 SATISFIED AND AN  ORDER  TERMINATING  THE  RESPONDENT-PARENT'S  PARENTAL
 RIGHTS WITH RESPECT TO THE CHILD SHALL NOT BE ENTERED.
   (E)  IF,  PRIOR TO THE EXPIRATION OF THE PERIOD OF THE SUSPENDED JUDG-
 MENT, A MOTION OR ORDER TO SHOW CAUSE IS FILED THAT ALLEGES A  VIOLATION
 OF  THE TERMS AND CONDITIONS OF THE SUSPENDED JUDGMENT, OR THAT SEEKS TO
 EXTEND THE PERIOD OF THE SUSPENDED JUDGMENT FOR AN ADDITIONAL PERIOD  OF
 UP  TO  ONE  YEAR,  THEN  THE PERIOD OF THE SUSPENDED JUDGMENT IS TOLLED
 UNTIL ENTRY OF THE ORDER THAT DISPOSES OF THE MOTION OR  ORDER  TO  SHOW
 CAUSE.
   (F) UPON FINDING THAT THE RESPONDENT-PARENT HAS VIOLATED THE TERMS AND
 CONDITIONS  OF  THE  ORDER OF SUSPENDED JUDGMENT, THE COURT MAY ENTER AN
 ORDER REVOKING THE ORDER  OF  SUSPENDED  JUDGMENT  AND  TERMINATING  THE
 PARENTAL  RIGHTS OF THE RESPONDENT-PARENT OR, WHERE SUCH EXTENSION IS IN
 THE BEST INTERESTS OF THE CHILD, EXTEND THE PERIOD OF SUSPENDED JUDGMENT
 FOR AN ADDITIONAL PERIOD OF UP TO ONE YEAR, IF NO  PRIOR  EXTENSION  HAS
 BEEN GRANTED.
   §  690.  TERMINATION OF PARENTAL RIGHTS; FURTHER ORDERS. THE COURT MAY
 ENTER AN ORDER UNDER SECTION SIX HUNDRED EIGHTY-SEVEN  OF  THIS  ARTICLE
 TERMINATING  THE RESPONDENT-PARENT'S PARENTAL RIGHTS WITH RESPECT TO THE
 CHILD. AN ORDER  TERMINATING  THE  RESPONDENT-PARENT'S  PARENTAL  RIGHTS
 PURSUANT  TO  THIS SECTION SHALL BE GRANTED ONLY UPON A FINDING THAT THE
 GROUNDS SPECIFIED IN THIS ARTICLE ARE BASED UPON  CLEAR  AND  CONVINCING
 PROOF.
   §  691. ISSUANCE OF WARRANT; CERTIFICATE OF WARRANT. (A) THE COURT MAY
 ISSUE A WARRANT, DIRECTING THAT  THE  RESPONDENT  BE  ARRESTED,  BROUGHT

 S. 1479                             8
 
 BEFORE  THE  COURT,  WHEN  A  PETITION  IS  PRESENTED TO THE COURT UNDER
 SECTION SIX HUNDRED SEVENTY-EIGHT OF THIS ARTICLE AND IT APPEARS THAT:
   1. THE SUMMONS CANNOT BE SERVED; OR
   2. THE RESPONDENT-PARENT HAS FAILED TO OBEY THE SUMMONS; OR
   3. THE RESPONDENT-PARENT IS LIKELY TO LEAVE THE JURISDICTION; OR
   4. A SUMMONS, IN THE COURT'S OPINION, WOULD BE INEFFECTUAL; OR
   5.  THE SAFETY OF THE PETITIONER-PARENT OR OF THE CHILD IS ENDANGERED;
 OR
   6. A RESPONDENT-PARENT ON BAIL OR ON PAROLE HAS FAILED TO APPEAR.
   (B) THE PETITIONER-PARENT MAY NOT SERVE A  WARRANT  UPON  THE  RESPON-
 DENT-PARENT  UNLESS  THE  COURT  ITSELF  GRANTS SUCH PERMISSION UPON THE
 APPLICATION OF THE PETITIONER-PARENT.  THE CLERK OF THE COURT MAY  ISSUE
 TO  THE  PETITIONER-PARENT  A CERTIFICATE STATING THAT A WARRANT FOR THE
 RESPONDENT-PARENT HAS BEEN ISSUED BY THE COURT. THE PRESENTATION OF SUCH
 CERTIFICATE BY SAID PETITIONER OR REPRESENTATIVE TO ANY  PEACE  OFFICER,
 ACTING  PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER AUTHOR-
 IZES HIM OR HER TO ARREST THE RESPONDENT AND TAKE HIM OR HER TO COURT.
   (C) A CERTIFICATE OF WARRANT EXPIRES NINETY  DAYS  FROM  THE  DATE  OF
 ISSUE BUT MAY BE RENEWED FROM TIME TO TIME BY THE CLERK OF THE COURT.
   (D)  RULES  OF  COURT  SHALL  PROVIDE  THAT  A  RECORD OF ALL UNSERVED
 WARRANTS BE KEPT AND THAT PERIODIC REPORTS CONCERNING UNSERVED  WARRANTS
 BE MADE.
   §  2.  Paragraph  (iv) of subdivision (a) of section 115 of the family
 court act, as amended by chapter 37 of the laws of 2016, 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, 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, where a child is
 under the jurisdiction of the family court as a result of a placement in
 foster care by the family court pursuant to article ten or ten-A of this
 act  or  section three hundred fifty-eight-a of the social services law,
 unless the court declines jurisdiction pursuant to section three hundred
 eighty-four-b of the social services law, AND (D) BY REASON OF PERMANENT
 NEGLECT, AS SET FORTH IN ARTICLE SIX-A OF THIS ACT;
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.  Effective immediately
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.