Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jun 05, 2012 |
referred to rules |
Senate Bill S7582
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
co-Sponsors
(D, WF) Senate District
2011-S7582 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10051
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §1051, Fam Ct Act; amd §384-b, Soc Serv L
- Versions Introduced in 2013-2014 Legislative Session:
-
S4082, A2600
2011-S7582 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7582 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 §384-0 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
2011-S7582 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7582 I N S E N A T E June 5, 2012 ___________ Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 paragraph (b) as amended by chapter 7 of the laws of 1999, are amended to read as follows: (ii) the child has been found to be an abused child, as defined in paragraph (iii) of subdivision (e) of section ten hundred twelve of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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