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

                                  2213

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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.
  S 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.
                                                           LBD00209-01-5

S. 2213                             2

THE  GROUND  THAT  THE  RESPONDENT-PARENT  HAS PERMANENTLY NEGLECTED THE
CHILD.
  S  676.  JURISDICTION. THE FAMILY COURT SHALL HAVE EXCLUSIVE, ORIGINAL
JURISDICTION OVER ANY PROCEEDING BROUGHT UPON GROUNDS SPECIFIED IN  THIS
ARTICLE.
  S 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.
  S 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.
  S 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.
  S 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. 2213                             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.
  S 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.
  S  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.
  S 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. 2213                             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.
  S  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.
  S 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. 2213                             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  SUFFI-
CIENT  AS A MATTER OF LAW TO PRECLUDE A DETERMINATION THAT SUCH CHILD IS
A PERMANENTLY NEGLECTED CHILD. A VISIT OR  COMMUNICATION  BY  A  RESPON-
DENT-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. 2213                             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.
  S 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.
  S 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.
  S 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. 2213                             7

  S 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.
  S  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.
  S  691. ISSUANCE OF WARRANT; CERTIFICATE OF WARRANT. (A) THE COURT MAY
ISSUE A WARRANT, DIRECTING THAT  THE  RESPONDENT  BE  ARRESTED,  BROUGHT

S. 2213                             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.
  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 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;
  S 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.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law; provided that, effec-
tive immediately, the chief administrator of the courts shall promulgate
appropriate  rules  and  regulations  for  the  implementation  of   the
provisions of this act.