NY State Senate Bill 2017-S1690

Senate Bill S1690

2017-2018 Legislative Session

Provides for the protection of the children of parents who abuse other children for whom they are legally responsible

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 12, 2018	referred to children and families delivered to assembly passed senate
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.129
Jan 03, 2018	referred to children and families returned to senate died in assembly
May 08, 2017	referred to children and families delivered to assembly passed senate
Mar 06, 2017	advanced to third reading
Mar 02, 2017	2nd report cal.
Mar 01, 2017	1st report cal.284
Jan 10, 2017	referred to children and families

Votes

- Jun 12, 2018 - Floor Vote
  S1690
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Croci
      
      Sepúlveda
  May 8, 2017 - Floor Vote
  S1690
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Parker
  Jan 9, 2018 - Children And Families Committee Vote
  S1690
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jan 9, 2018
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
  Mar 1, 2017 - Children And Families Committee Vote
  S1690
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 1, 2017
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino

2017-S1690 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§1012 & 1046, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: S7705

2017-S1690 (ACTIVE) - Summary

Provides for the protection of the children of parents who abuse other children for whom they are legally responsible.

2017-S1690 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1690

 TITLE OF BILL :

An act to amend the family court act and the social services law, in
relation to the liability for abuse of a child by a person legally
responsible for such child

 PURPOSE :

To provide for the protection of the children of parents who abuse
other children for whom they are legally responsible.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision (j) of section 1012 of the family court
act to expand the definition of "aggravated circumstances" to include
a person legally responsible for a child.

Section 2. Amends paragraph (i) of subdivision (a) of section 1046 of
the family court act to include "aggravated circumstances" in addition
to proof of abuse or neglect as admissible evidence in legal
proceedings to determine if other children - who are the legal
responsibility of the perpetrator of aggravated abuse - to be in
imminent risk of neglect, abuse, or severe abuse.

Section 3. Amends paragraph (e) of subdivision 4 of section 384-b of
the social services law to allow for a finding of severe abuse against
a person who is not the parent of the target child in order to protect
the children of that person; to allow that a termination of parental
rights petition may be filed against a parent who has severely abused
a child that they were not a parent of, but were legally responsible
for, as it relates to freeing their own child for adoption; or to
simply terminate the rights of that person to that child but without
freeing the child for adoption.

Section 4. Amends subdivision 8 of section 384-b of the social
services law to expand the definition of "severely abused" to include
a person who is "legally responsible" for a child.

Section 5 is the enacting clause.

 JUSTIFICATION :

In cases where children are murdered or suffer severe physical or
sexual abuse, the perpetrator is often a person who is not the child's
biological parent but a "person legally responsible" as that term is
defined in FCA § 1012 (g). These individuals are often a stepparent or
a paramour of one of the birth parents. While the law permits an
action of abuse to be brought against such a person, the law is
unclear if an aggravated circumstance of severe abuse petition can be
brought. It is further unclear if the actual children of the abuser -
who may be half siblings to the abused child - can be protected from
their abusive parent. This is because the legal definition of
aggravated severe abuse is found in SSL § 384-b, which relates only to
parents as it describes the grounds of termination of parental rights.

In order to protect children from those who have severely abused
(including murdered) a child they were responsible for, the
appropriate legal definitions must be clarified. Specifically, it must
be clear that if a person has severely abused a child, then their own
children can be subjects of derivative legal proceedings to help
better protect those children.

Further, social services law must clarify that in such situations,
there are grounds to terminate the parental rights of a person to
their own children if they severely abused, including killed, a child
that they were legally responsible for. In such cases, the court
should be permitted to terminate the parental rights of a severe
abuser - including when the subject child is not in foster care, and
in cases where the court is only terminating the parental rights of
the severely abusive parent.

These cases, while small in number, are the ones that make the
headlines in this state and result in great frustration to the law
enforcement, social services district and the courts who scramble to
try to protect the children of a person who severely abused a child
they were responsible for although not the parent. Many Judges have
recognized the loop- hole in the law, in fact calling for the
legislature to resolve the problem. See Matter of Meridth DS 13 Misc
3d 898 (Chemung County Family Court 2009), Matter of Nicholas S., 107
AD3d 1307, foot note 3 (3rd Dept. 2013), Matter of Leonard V 95 AD3d
1343 (2nd Dept. 2012)

 LEGISLATIVE HISTORY :

2015: S.3830 (Felder); Passed the Senate
2014: S.7213 (Felder); Passed the Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect the ninetieth day after is shall have
become law.

2017-S1690 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1690
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 and the  social  services  law,  in
   relation  to  the  liability  for abuse of a child by a person legally
   responsible for such child

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (j) of section 1012 of the family court act, as
 amended  by  section  3  of  part B of chapter 3 of the laws of 2005, is
 amended to read as follows:
   (j) "Aggravated circumstances" means where a  child  has  been  either
 severely  or  repeatedly abused, as defined AND PROVIDED FOR in subdivi-
 sion eight of section three hundred eighty-four-b of the social services
 law, BY A PARENT OR BY A PERSON LEGALLY RESPONSIBLE FOR  SUCH  CHILD  OR
 ANOTHER  CHILD;  or  where  a child has subsequently been found to be an
 abused child, as defined in paragraph (i) or (iii) of subdivision (e) of
 this section, within five years after return home following placement in
 foster care as a result of being found  to  be  a  neglected  child,  as
 defined in subdivision (f) of this section, provided that the respondent
 or  respondents,  BEING  EITHER  THE  CHILD'S PARENT OR A PERSON LEGALLY
 RESPONSIBLE FOR SUCH CHILD OR ANOTHER CHILD, in each  of  the  foregoing
 proceedings was the same; or where the court finds by clear and convinc-
 ing  evidence  that the parent of a child in foster care has refused and
 has failed completely, over a period of at least  six  months  from  the
 date  of  removal, to engage in services necessary to eliminate the risk
 of abuse or neglect if returned to the parent, and has failed to  secure
 services  on  his  or  her  own  or otherwise adequately prepare for the
 return home and, after being informed by the court that such  an  admis-
 sion could eliminate the requirement that the local department of social
 services  provide  reunification  services to the parent, the parent has
 stated in court under oath that he or she intends to continue to  refuse
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01256-01-7

 S. 1690                             2
 
 such  necessary  services and is unwilling to secure such services inde-
 pendently or otherwise prepare for the child's  return  home;  provided,
 however,  that if the court finds that adequate justification exists for
 the  failure  to  engage  in  or secure such services, including but not
 limited to a lack of child  care,  a  lack  of  transportation,  and  an
 inability to attend services that conflict with the parent's work sched-
 ule,  such  failure  shall not constitute an aggravated circumstance; or
 where a court has determined a child five days old or younger was  aban-
 doned  by  a parent with an intent to wholly abandon such child and with
 the intent that the child be safe from physical injury and cared for  in
 an appropriate manner.
   §  2.  Paragraph  (i) of subdivision (a) of section 1046 of the family
 court act, as added by chapter 962 of the laws of 1970,  is  amended  to
 read as follows:
   (i)  proof  of  the  AGGRAVATED CIRCUMSTANCES, abuse or neglect of one
 child shall be admissible  evidence  on  the  issue  of  the  AGGRAVATED
 CIRCUMSTANCES,  abuse  or  neglect  of  any other child of, or the legal
 responsibility of, the respondent; and
   § 3. Paragraph (e) of subdivision 4 of section  384-b  of  the  social
 services  law,  as  amended  by section 56 of part A of chapter 3 of the
 laws of 2005, is amended to read as follows:
   (e) The parent or parents, whose consent to the adoption of the  child
 would otherwise be required in accordance with section one hundred elev-
 en  of  the  domestic  relations law, severely or repeatedly abused such
 child OR ANY CHILD FOR WHOM SUCH PARENT IS OR HAS BEEN A PERSON  LEGALLY
 RESPONSIBLE,  AS  DEFINED  IN  SUBDIVISION  (G)  OF SECTION ONE THOUSAND
 TWELVE OF THE FAMILY COURT  ACT.  Where  a  court  has  determined  that
 reasonable  efforts  to reunite the child with his or her parent are not
 required, pursuant to the family court act or this chapter, OR WHERE THE
 CHILD WAS SEVERELY OR REPEATEDLY ABUSED IS NOT THE CHILD OF THE RESPOND-
 ENT IN THE TERMINATION PROCEEDING,  a  petition  to  terminate  parental
 rights  on the ground of severe abuse as set forth in subparagraph (iii)
 of paragraph (a) of subdivision eight of this section may be filed imme-
 diately upon such determination.
   § 4. Subdivision 8 of section 384-b of the  social  services  law,  as
 amended by chapter 7 of the laws of 1999, subparagraph (ii) of paragraph
 (a)  and  subparagraph (i) of paragraph (b) as amended by chapter 430 of
 the laws of 2013, clause (A) of subparagraph (iii) of paragraph  (a)  as
 amended  by chapter 460 of the laws of 2006, paragraph (f) as amended by
 section 58 of part A of chapter 3 of the laws of  2005,  is  amended  to
 read as follows:
   8.  (a)  For the purposes of this section a child is "severely abused"
 by his or her parent OR BY A RESPONDENT WHO IS OR WAS A  PERSON  LEGALLY
 RESPONSIBLE,  AS  DEFINED  IN  SUBDIVISION  (G)  OF SECTION ONE THOUSAND
 TWELVE OF THE FAMILY COURT ACT, FOR A CHILD, if (i) the child  has  been
 found  to be an abused child as a result of reckless or intentional acts
 of the parent OR SUCH PERSON committed under  circumstances  evincing  a
 depraved  indifference  to  human life, which result in serious physical
 injury to the child as defined in subdivision ten of  section  10.00  of
 the penal law; or
   (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
 family court act, as a result of such parent's OR PERSON LEGALLY RESPON-
 SIBLE'S  acts;  provided, however, the respondent must have committed or
 knowingly allowed to be committed a felony sex  offense  as  defined  in
 sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67,

 S. 1690                             3
 
 130.70,  130.75, 130.80, 130.95 and 130.96 of the penal law and, for the
 purposes of this section the corroboration requirements contained in the
 penal law shall not apply to proceedings under this section; or
   (iii) (A) the parent of such child OR A PERSON LEGALLY RESPONSIBLE, AS
 DEFINED  IN SUBDIVISION (G) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY
 COURT ACT, has been convicted of murder in the first degree  as  defined
 in  section  125.27,  murder  in the second degree as defined in section
 125.25, manslaughter in the first degree as defined in  section  125.20,
 or  manslaughter  in the second degree as defined in section 125.15, and
 the victim of any such crime was another child of the parent or  another
 child  for  whose care such parent is or has been legally responsible as
 defined in subdivision (g) of section one thousand twelve of the  family
 court  act,  or another parent of the child, unless the convicted parent
 was a victim of physical, sexual or psychological abuse by the  decedent
 parent  and such abuse was a factor in causing the homicide; or has been
 convicted of an attempt to commit any of the foregoing crimes,  and  the
 victim  or  intended victim was the child or another child of the parent
 or another child for whose care such  parent  is  or  has  been  legally
 responsible as defined in subdivision (g) of section one thousand twelve
 of  the  family  court  act,  or another parent of the child, unless the
 convicted parent was a victim of physical, sexual or psychological abuse
 by the decedent parent and such  abuse  was  a  factor  in  causing  the
 attempted  homicide;  (B) the parent of such child has been convicted of
 criminal solicitation as defined in article one hundred,  conspiracy  as
 defined  in article one hundred five or criminal facilitation as defined
 in article one hundred fifteen of the penal law for conspiring, solicit-
 ing or facilitating any of the  foregoing  crimes,  and  the  victim  or
 intended  victim was the child or another child of the parent or another
 child for whose care such parent is or has been legally responsible; (C)
 the parent of such child has been convicted of  assault  in  the  second
 degree  as  defined  in  section  120.05, assault in the first degree as
 defined in section 120.10 or aggravated assault upon a person less  than
 eleven  years old as defined in section 120.12 of the penal law, and the
 victim of any such crime was the child or another child of the parent or
 another child for whose care such parent is or has been legally  respon-
 sible;  or has been convicted of an attempt to commit any of the forego-
 ing crimes, and the victim or intended victim was the child  or  another
 child  of  the  parent or another child for whose care such parent is or
 has been legally responsible; or (D) the parent of such child  has  been
 convicted  under  the  law in any other jurisdiction of an offense which
 includes all of the essential elements of any crime specified in  clause
 (A), (B) or (C) of this subparagraph; and
   (iv)  IN THE CASE WHERE THE CHILD, WHO IS THE SUBJECT OF THE PETITION,
 IS IN FOSTER CARE, the agency has made diligent efforts to encourage and
 strengthen the parental relationship, including efforts to  rehabilitate
 the  respondent,  when  such efforts will not be detrimental to the best
 interests of the child, and such efforts have been unsuccessful and  are
 unlikely  to  be successful in the foreseeable future. Where a court has
 previously determined in accordance with  this  chapter  or  the  family
 court  act  that reasonable efforts to make it possible for the child to
 return safely to his or her home are not required, the agency shall  not
 be  required  to  demonstrate  diligent  efforts  as  set  forth in this
 section.
   (b) For the purposes of this section a child is "repeatedly abused" by
 his or her parent OR BY A RESPONDENT WHO IS  OR  WAS  A  PERSON  LEGALLY

 S. 1690                             4
 
 RESPONSIBLE AS DEFINED IN SUBDIVISION (G) OF SECTION ONE THOUSAND TWELVE
 OF THE FAMILY COURT ACT, FOR A CHILD, if:
   (i)  the child has been found to be an abused child, (A) as defined in
 paragraph (i) of subdivision (e) of section ten hundred  twelve  of  the
 family court act, as a result of such parent's OR PERSON LEGALLY RESPON-
 SIBLE'S acts; or (B) as defined in paragraph (iii) of subdivision (e) of
 section  ten hundred twelve of the family court act, as a result of such
 parent's acts; provided, however, the respondent must have committed  or
 knowingly  allowed  to  be  committed a felony sex offense as defined in
 sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67,
 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law; and
   (ii) (A) the child or another child for whose care such parent  is  or
 has  been legally responsible has been previously found, within the five
 years immediately preceding the initiation of the  proceeding  in  which
 such  abuse is found, to be an abused child, as defined in paragraph (i)
 or (iii) of subdivision (e) of section ten hundred twelve of the  family
 court  act, as a result of such parent's acts; provided, however, in the
 case of a finding of abuse as defined in paragraph (iii) of  subdivision
 (e) of section ten hundred twelve of the family court act the respondent
 must  have  committed  or knowingly allowed to be committed a felony sex
 offense as defined in sections 130.25, 130.30, 130.35,  130.40,  130.45,
 130.50,  130.65,  130.67, 130.70, 130.75 and 130.80 of the penal law, or
 (B) the parent has been convicted  of  a  crime  under  section  130.25,
 130.30,  130.35,  130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75
 or 130.80 of the penal law against the child, a sibling of the child  or
 another  child for whose care such parent is or has been legally respon-
 sible, within the five year period immediately preceding the  initiation
 of the proceeding in which abuse is found; and
   (iii) the agency has made diligent efforts, to encourage and strength-
 en  the  parental relationship, IF THE RESPONDENT IS THE CHILD'S PARENT,
 including efforts to rehabilitate the respondent, when such efforts will
 not be detrimental to the best interests of the child, and such  efforts
 have been unsuccessful and are unlikely to be successful in the foresee-
 able  future. Where a court has previously determined in accordance with
 this chapter or the family court act that reasonable efforts to make  it
 possible  for  the  child  to  return  safely to his or her home are not
 required, the agency shall  not  be  required  to  demonstrate  diligent
 efforts as set forth in this section.
   (c)  Notwithstanding  any  other provision of law, the requirements of
 paragraph (g) of subdivision three of this section shall be satisfied if
 one of the findings of abuse pursuant to subparagraph  (i)  or  (ii)  of
 paragraph  (b)  of  this  subdivision  is found to be based on clear and
 convincing evidence.
   (d) A determination by the court in accordance with article ten of the
 family court act based upon clear and convincing evidence that the child
 was a severely abused child as defined in subparagraphs (i) and (ii)  of
 paragraph  (a)  of this subdivision shall establish that the child was a
 severely abused child in accordance with this section. Such  a  determi-
 nation  by  the court in accordance with article ten of the family court
 act based upon a fair preponderance of evidence shall be  admissible  in
 any proceeding commenced in accordance with this section.
   (e) A determination by the court in accordance with article ten of the
 family  court  act based upon clear and convincing evidence that a child
 was abused (A) as defined in paragraph (i) of subdivision (e) of section
 ten hundred twelve of the family court act, as a result of such parent's
 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section

 S. 1690                             5
 
 ten hundred twelve of the family court act, as a result of such parent's
 acts; provided, however, the respondent must have committed or knowingly
 allowed to be committed a felony sex  offense  as  defined  in  sections
 130.25,  130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70,
 130.75 and 130.80 of the penal law shall establish that the child was an
 abused child for the purpose of a determination as required by  subpara-
 graph  (i) or (ii) of paragraph (b) of this subdivision. Such a determi-
 nation by the court in accordance with article ten of the  family  court
 act  based  upon a fair preponderance of evidence shall be admissible in
 any proceeding commenced in accordance with this section.
   (f) Upon a finding pursuant to paragraph (a) or (b) of  this  subdivi-
 sion that the child has been severely or repeatedly abused by his or her
 parent OR BY A PERSON LEGALLY RESPONSIBLE, AS DEFINED BY SUBDIVISION (G)
 OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT, FOR A CHILD, the
 court  shall  enter  an  order  of disposition either (i) committing the
 guardianship and custody of the child  OR  ANY  CHILD  OF  SUCH  PARENT,
 pursuant to this section, or (ii) suspending judgment in accordance with
 section six hundred thirty-three of the family court act, upon a further
 finding, based on clear and convincing, competent, material and relevant
 evidence  introduced in a dispositional hearing, that the best interests
 of the child require such commitment or suspension of judgment, OR (III)
 TERMINATING THE RIGHTS OF ONE PARENT WHERE THE  CHILD  WILL  BE  IN  THE
 CUSTODY  OF  ANOTHER  PARENT,  A  RELATIVE  OR THE LOCAL COMMISSIONER OF
 SOCIAL SERVICES. Where the disposition  ordered  is  the  commitment  of
 guardianship  and  custody  pursuant  to  this section, an initial freed
 child permanency hearing shall be  completed  pursuant  to  section  one
 thousand eighty-nine of the family court act.
   (G)  A  PETITION  FILED PURSUANT TO THIS SUBDIVISION MAY ALSO BE FILED
 WHERE A CHILD IS THE CHILD  OF  A  RESPONDENT  WHO  SEVERELY  ABUSED  OR
 REPEATEDLY  ABUSED  A  CHILD  FOR  WHOM  HE  OR SHE WAS A PERSON LEGALLY
 RESPONSIBLE, AS DEFINED IN  SUBDIVISION  (G)  OF  SECTION  ONE  THOUSAND
 TWELVE OF THE FAMILY COURT ACT.
   (H)  A  PETITION  MAY  BE  FILED PURSUANT TO THIS SUBDIVISION WHEN THE
 SEVERELY OR REPEATEDLY ABUSED CHILD IS NOT IN FOSTER  CARE  AND/OR  WHEN
 ONLY ONE OF SUCH CHILD'S PARENTS IS A RESPONDENT.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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