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

                                  2000

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of A. PAULIN, WRIGHT, SCARBOROUGH, HEASTIE, PRETLOW,
  GUNTHER, ROSENTHAL, HOOPER, GALEF, CLARK, JAFFEE, SCHIMMINGER, ZEBROW-
  SKI, ABBATE, KAVANAGH, ROBINSON -- Multi-Sponsored  by  --  M.  of  A.
  BENEDETTO,  CAHILL, DINOWITZ, ENGLEBRIGHT, FARRELL, GOTTFRIED, HEVESI,
  LUPARDO, MAGEE,  MARKEY,  ORTIZ,  PERRY,  SCHIMEL  --  read  once  and
  referred to the Committee on Judiciary

AN  ACT  to  amend  the family court act and the social services law, in
  relation to abandoned infants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Paragraph (ii) of subdivision (f) and subdivision (j) of
section 1012 of the family court act, paragraph (ii) of subdivision  (f)
as  amended  by  chapter  666 of the laws of 1976 and subdivision (j) as
amended by section 3 of part B of chapter 3 of the  laws  of  2005,  are
amended and a new subdivision (l) is added to read as follows:
  (ii)  who  has  been  abandoned, in accordance with the definition and
other criteria set forth in subdivision five of  section  three  hundred
eighty-four-b of the social services law, by his parents or other person
legally  responsible  for  his  care, BUT SHALL NOT INCLUDE AN ABANDONED
INFANT AS DEFINED IN SUBDIVISION (L) OF THIS SECTION.
  (j) "Aggravated circumstances" means where a  child  has  been  either
severely  or  repeatedly  abused,  as  defined  in  subdivision eight of
section three hundred eighty-four-b of the social services law; 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 in each of the
foregoing proceedings was the same; or where the court  finds  by  clear
and  convincing  evidence  that the parent of a child in foster care has
refused and has failed completely, over a period of at least six  months

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05047-01-5
              

A. 2000                             2

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
admission 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 such necessary services and is unwilling to secure such  services
independently   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
schedule, such failure shall not constitute an aggravated  circumstance;
or where a court has determined a child [five] THIRTY days old or young-
er was abandoned 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.
  (L) "ABANDONED INFANT" MEANS A CHILD WHO HAS BEEN LEFT BY HIS  OR  HER
PARENT  WHEN  THIRTY DAYS OLD OR YOUNGER, IN A MANNER THAT INDICATED THE
PARENT'S INTENT TO WHOLLY ABANDON SUCH CHILD BY RELINQUISHING AND  FORE-
GOING  RESPONSIBILITY  FOR  AND  RIGHTS  TO THE CARE AND CUSTODY OF SUCH
CHILD WITH THE INTENT THAT THE CHILD BE SAFE FROM  PHYSICAL  INJURY  AND
CARED FOR IN AN APPROPRIATE MANNER.
  S 2. The family court act is amended by adding a new section 1031-a to
read as follows:
  S  1031-A.  ABANDONED INFANTS, PRELIMINARY PROCEDURE. (A) UPON RECEIPT
OF NOTICE THAT A CHILD WHO APPEARS TO BE AN ABANDONED  INFANT  HAS  BEEN
FOUND  IN  THE  JURISDICTION  OF THE LOCAL SOCIAL SERVICES DISTRICT, THE
LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL IMMEDIATELY TAKE  PROTECTIVE
CUSTODY  OF  THE  CHILD  PURSUANT TO SECTION ONE THOUSAND TWENTY-FOUR OF
THIS ARTICLE UNTIL FURTHER ORDER OF THE COURT.
  (B) A PROCEEDING TO DETERMINE WHETHER A CHILD IS AN  ABANDONED  INFANT
PURSUANT TO SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF THIS ARTI-
CLE  SHALL  BE COMMENCED BY SUCH LOCAL COMMISSIONER FORTHWITH. THE PETI-
TION FOR SUCH PROCEEDING SHALL:
  (I) ALLEGE THE LOCATION AND DATE OF AND THE CIRCUMSTANCES BY WHICH  IT
IS ALLEGED THAT THE CHILD WAS ABANDONED; AND
  (II)  ALLEGE  THAT  UPON INFORMATION AND BELIEF, THE CHILD IN QUESTION
WAS THIRTY DAYS OLD OR YOUNGER WHEN FOUND.
  (C) THE COURT UPON RECEIPT OF THE PETITION SHALL APPOINT  AN  ATTORNEY
FOR THE CHILD TO REPRESENT THE CHILD ALLEGED TO BE AN ABANDONED INFANT.
  (D)  IF THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, THE COURT
UPON RECEIPT OF THE PETITION SHALL HOLD A HEARING TO  DETERMINE  WHETHER
THE  CHILD  APPEARS  TO HAVE BEEN ABANDONED IN ACCORDANCE WITH THE DEFI-
NITION OF ABANDONED INFANT PROVIDED IN SUBDIVISION (1)  OF  SECTION  ONE
THOUSAND TWELVE OF THIS ARTICLE.
  (I) AT SUCH HEARING, IF THE COURT DETERMINES THAT THE CIRCUMSTANCES OF
THE  ABANDONMENT  MEET THE DEFINITION OF ABANDONED INFANT IN SUBDIVISION
(1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, THE COURT SHALL:
  (A) ORDER THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL NOT  BE
REQUIRED  TO  COMMENCE A DILIGENT SEARCH TO LOCATE THE PARENT OR PARENTS
OR OTHER RELATIVES OF THE CHILD; AND
  (B) REQUIRE THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CAUSE  NOTICE
OF  THE  PROCEEDING TO BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION (A) OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL PRACTICE  LAW

A. 2000                             3

AND  RULES IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND, AT LEAST ONCE IN
EACH OF THREE SUCCESSIVE WEEKS. SERVICE BY PUBLICATION  IS  COMPLETE  ON
THE TWENTY-FIRST DAY AFTER THE DAY OF THE FIRST PUBLICATION.  THE NOTICE
SHALL STATE:
  (1) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
  (2) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND;
  (3)  A  DESCRIPTION  OF  THE  INFANT INCLUDING ITS APPROXIMATE DATE OF
BIRTH;
  (4) THAT UPON FAILURE OF THE PARENT TO APPEAR, THE CHILD MAY BE DEEMED
AN ABANDONED INFANT PURSUANT TO SUBDIVISION (L) OF SECTION ONE  THOUSAND
TWELVE  OF  THIS  ARTICLE  AND  PLACED  INTO THE CARE AND CUSTODY OF THE
COMMISSIONER OF THE LOCAL  SOCIAL  SERVICES  DISTRICT  IN  THE  PARENT'S
ABSENCE; AND
  (5)  THE  NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR  INFORMATION
REGARDING SUCH CHILD.
  (II)  IN  DETERMINING  WHETHER  REMOVAL OR CONTINUING THE REMOVAL OF A
CHILD IS NECESSARY TO AVOID IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH,
THE COURT SHALL CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION
IN THE CHILD'S HOME WOULD BE CONTRARY TO THE BEST INTERESTS OF THE CHILD
AND WHERE APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE
DATE OF THE HEARING HELD UNDER THIS SUBDIVISION TO PREVENT OR  ELIMINATE
THE  NEED  FOR  REMOVAL OF THE CHILD FROM THE HOME AND, IF THE CHILD WAS
REMOVED FROM HIS OR HER HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER
THIS SUBDIVISION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS  WERE  MADE
TO  MAKE  IT POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME.  IF THE COURT
DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR ELIMINATE THE NEED  FOR
REMOVAL  OF  THE  CHILD FROM THE HOME WERE NOT MADE BUT THAT THE LACK OF
SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUMSTANCES,  THE  COURT  ORDER
SHALL INCLUDE SUCH A FINDING.
  (E)  IF  A PERSON CLAIMING TO BE A PARENT OF THE CHILD IN QUESTION WHO
IS ALLEGED TO BE AN ABANDONED INFANT, COMES FORWARD, THE  LOCAL  COMMIS-
SIONER OF SOCIAL SERVICES SHALL:
  (I) PROVIDE WRITTEN NOTIFICATION TO THE COURT AND THE ATTORNEY FOR THE
CHILD FORTHWITH; AND
  (II) CAUSE A TEST TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY OF
THE  PERSONS  CLAIMING  TO BE THE MOTHER OR FATHER OF THE CHILD IN QUES-
TION; AND IF MATERNITY OR PATERNITY IS CONFIRMED, NOTIFY THE COURT WHICH
SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE OF SECTION  ONE
THOUSAND  THIRTY-FOUR OF THIS PART. THE EXISTING ORDER OF CUSTODY OF THE
CHILD TO THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL CONTINUE  PEND-
ING THE RESULT OF THE INVESTIGATION.
  (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
ONE  THOUSAND  TWELVE  OF  THIS  ARTICLE TO FILE A PETITION TO DETERMINE
ABUSE OR NEGLECT PURSUANT TO SECTION ONE  THOUSAND  THIRTY-ONE  OF  THIS
PART, THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE SUCH PETITION
WITHIN  THREE  COURT  DAYS  OF  THE COMPLETION OF THE INVESTIGATION. THE
PARENT OR PARENTS SHALL BE INFORMED OF THE DATE AND THE  TIME  THAT  THE
PETITION  SHALL  BE  FILED,  THE ADDRESS OF THE COURT WHERE THE PETITION
SHALL BE FILED, OF THE RIGHT OF THE PARENT TO BE PRESENT AT ANY  HEARING
HELD  THEREON  AND  OF THE RIGHT TO BE REPRESENTED BY COUNSEL, INCLUDING
PROCEDURES FOR OBTAINING COUNSEL IF INDIGENT. UPON SUCH FILING, A  HEAR-
ING  PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN OF THIS ARTICLE SHALL
BE HELD FORTHWITH.
  (B) IF NO SUCH GROUNDS EXIST, THE COURT SHALL DISMISS THE PETITION AND
ORDER THAT THE CHILD BE RETURNED TO HIS OR HER PARENT OR PARENTS.

A. 2000                             4

  S 3. Subdivision (a) of section 1039-b of the  family  court  act,  as
added by chapter 7 of the laws of 1999, is amended to read as follows:
  (a) In conjunction with, or at any time subsequent to, the filing of a
petition  under  section  [ten  hundred] ONE THOUSAND thirty-one of this
[chapter] PART, the social services official  may  file  a  motion  upon
notice  requesting a finding that reasonable efforts to return the child
to his or her home are no longer required.
  S 4. Subdivision (a) of section 1041  of  the  family  court  act,  as
amended  by  chapter  1015  of  the  laws of 1972, is amended to read as
follows:
  (a) that the parent  or  other  person  legally  responsible  for  the
child's  care  is present at the hearing and has been served with a copy
of the petition, UNLESS THE CHILD IS ALLEGED TO BE AN  ABANDONED  INFANT
PURSUANT  TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE, IN WHICH
EVENT, THE PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH (I)  OF  SUBDIVI-
SION  (D)  OF  SECTION  ONE  THOUSAND THIRTY-ONE-A OF THIS ARTICLE SHALL
APPLY; or
  S 5. Section 1044 of the family court act, as added by chapter 962  of
the laws of 1970, is amended to read as follows:
  S  1044. Definition of "fact-finding hearing". When used in this arti-
cle, "fact-finding hearing" means a hearing  to  determine  whether  the
child  is an abused or neglected child OR AN ABANDONED INFANT as defined
by this article.
  S 6. The family court act is amended by adding a new section 1051-a to
read as follows:
  S 1051-A. SUSTAINING OR DISMISSING A PETITION ALLEGING A CHILD  IS  AN
ABANDONED  INFANT. (A) AT THE FACT-FINDING HEARING SCHEDULED PURSUANT TO
SECTION ONE THOUSAND THIRTY-ONE-A  OF  THIS  ARTICLE,  THE  COURT  SHALL
DETERMINE THAT THE CHILD IS AN ABANDONED INFANT AND SUSTAIN THE PETITION
FILED  UNDER  SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ARTICLE IF FACTS
SUFFICIENT TO CONSTITUTE CLEAR AND CONVINCING EVIDENCE  ARE  ESTABLISHED
TO FIND THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND
THAT  THE  CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER PARENT'S
INTENT TO WHOLLY ABANDON  SUCH  CHILD  BY  RELINQUISHING  AND  FOREGOING
RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH
THE  INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN
AN APPROPRIATE MANNER. FOR PURPOSES OF FINDING THAT THE CHILD WAS THIRTY
DAYS OLD OR YOUNGER WHEN  ABANDONED,  AN  AFFIDAVIT  OR  OTHER  OFFICIAL
RECORD  OF  A  DETERMINATION  OF  A  QUALIFIED HEALTH CARE PRACTITIONER,
LICENSED OR CERTIFIED UNDER TITLE EIGHT OF  THE  EDUCATION  LAW,  ACTING
WITHIN  HIS  OR HER LAWFUL SCOPE OF PRACTICE WHO EXAMINED THE CHILD THAT
SUCH CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE DATE OF
BIRTH OF THE CHILD, TO A REASONABLE  DEGREE  OF  MEDICAL  CERTAINTY;  AN
AFFIDAVIT  OR  OFFICIAL  RECORD,  INCLUDING A POLICE REPORT OR TESTIMONY
REGARDING THE MANNER OF THE ABANDONMENT OF THE CHILD; AND  AN  AFFIDAVIT
OR  OFFICIAL  RECORD OF THE RESULT OF THE INQUIRIES MADE TO THE PUTATIVE
FATHER REGISTRY AND TO LOCAL LAW ENFORCEMENT OFFICIALS REGARDING A MISS-
ING PERSON REPORT, SHALL BE SUFFICIENT EVIDENCE OF THE CHILD'S  AGE  AND
DATE OF BIRTH AND THE INTENT TO WHOLLY ABANDON THE CHILD.
  (B)  IF THE COURT SUSTAINS THE PETITION AND FINDS THAT THE CHILD IS AN
ABANDONED INFANT, THE COURT SHALL DETERMINE AND FIND AND SHALL STATE  IN
ITS ORDER:
  (I)  THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED TO A
REASONABLE DEGREE OF MEDICAL CERTAINTY;
  (II) THE DATE THE CHILD WAS BORN, TO A REASONABLE  DEGREE  OF  MEDICAL
CERTAINTY;

A. 2000                             5

  (III)  THAT  THE  CHILD WAS LEFT IN A MANNER THAT INDICATED HIS OR HER
PARENT'S INTENT TO WHOLLY ABANDON THE CHILD BY RELINQUISHING AND FOREGO-
ING RESPONSIBILITY FOR AND RIGHTS TO THE CARE AND CUSTODY OF SUCH  CHILD
WITH  THE  INTENT  THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED
FOR IN AN APPROPRIATE  MANNER;
  (IV)  THAT BASED UPON THE FINDINGS OF PARAGRAPHS (I) AND (III) OF THIS
SUBDIVISION, AGGRAVATED CIRCUMSTANCES WITHIN THE MEANING OF  SUBDIVISION
(J) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE EXIST; AND
  (V)  THAT BASED UPON SUCH FINDING OF AGGRAVATED CIRCUMSTANCES, REASON-
ABLE EFFORTS TO RETURN THE CHILD TO HIS OR HER HOME ARE NOT REQUIRED.
  (C) IF FACTS SUFFICIENT TO SUSTAIN THE PETITION  ARE  NOT  ESTABLISHED
DUE  TO A DETERMINATION THAT EITHER THE CHILD WAS OLDER THAN THIRTY DAYS
AT THE TIME OF ABANDONMENT OR THE CHILD IS NOT  OTHERWISE  AN  ABANDONED
INFANT AS PROVIDED IN THIS SECTION, THE COURT SHALL CONVERT THE PETITION
TO  A  PROCEEDING  TO DETERMINE ABUSE OR NEGLECT PURSUANT TO SECTION ONE
THOUSAND THIRTY-ONE OF THIS ARTICLE AND SHALL STATE ON  THE  RECORD  THE
GROUNDS FOR THE CONVERSION.
  (I)  THE  COURT SHALL DETERMINE WHETHER TEMPORARY CUSTODY OF THE CHILD
TO THE LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES  SHALL  CONTINUE  UNTIL
FURTHER ORDER OF THE COURT. IN DETERMINING WHETHER REMOVAL OR CONTINUING
THE  REMOVAL  OF  A  CHILD  IS  NECESSARY  TO AVOID IMMINENT RISK TO THE
CHILD'S LIFE OR HEALTH, THE COURT SHALL CONSIDER AND  DETERMINE  IN  ITS
ORDER  WHETHER CONTINUATION IN THE CHILD'S HOME WOULD BE CONTRARY TO THE
BEST INTERESTS OF THE CHILD AND WHERE  APPROPRIATE,  WHETHER  REASONABLE
EFFORTS  WERE  MADE PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVI-
SION (A) OF THIS SECTION TO PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF
THE CHILD FROM THE HOME AND, IF THE CHILD WAS REMOVED FROM  HIS  OR  HER
HOME PRIOR TO THE DATE OF THE HEARING HELD UNDER SUBDIVISION (A) OF THIS
SECTION, WHERE APPROPRIATE, THAT REASONABLE EFFORTS WERE MADE TO MAKE IT
POSSIBLE FOR THE CHILD TO SAFELY RETURN HOME.
  (II)  IF  THE  COURT  DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR
ELIMINATE THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT  MADE
BUT  THAT  THE  LACK  OF  SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUM-
STANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING.
  (D) AT THE CONCLUSION OF  THE  DISPOSITIONAL  HEARING  THAT  SHALL  BE
COMMENCED  IMMEDIATELY  UPON COMPLETION OF THE FACT-FINDING HEARING WHEN
THE PETITION HAS BEEN SUSTAINED, THE  COURT  SHALL  ENTER  AN  ORDER  OF
DISPOSITION:
  (I)  PLACING  THE  CHILD  IN  THE CUSTODY OF THE LOCAL COMMISSIONER OF
SOCIAL SERVICES, WHO SHALL MAKE REASONABLE EFFORTS TO  PLACE  THE  CHILD
INTO  A  PRE-ADOPTIVE HOME, IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ONE THOUSAND FIFTY-FIVE OF THIS PART, UPON A DETERMINATION THAT:
  (A) CONTINUATION IN THE CHILD'S HOME WOULD BE  CONTRARY  TO  THE  BEST
INTERESTS OF THE CHILD; AND
  (B)  WHERE  THE COURT HAS DETERMINED THAT THE PARENT OF SUCH CHILD HAS
SUBJECTED THE CHILD TO AGGRAVATED CIRCUMSTANCES, AS DEFINED IN  SUBDIVI-
SION  (J)  OF  SECTION  ONE  THOUSAND TWELVE OF THIS ARTICLE, REASONABLE
EFFORTS TO PREVENT OR ELIMINATE THE NEED FOR REMOVING THE CHILD FROM THE
HOME OF THE CHILD OR TO MAKE IT POSSIBLE FOR THE CHILD TO RETURN  SAFELY
TO HIS OR HER HOME ARE NOT REQUIRED;
  (II) REQUIRING THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO COMMENCE A
PROCEEDING  TO  COMMIT  THE GUARDIANSHIP AND CUSTODY OF SUCH CHILD TO AN
AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE
SOCIAL SERVICES LAW WITHIN SIXTY DAYS; AND

A. 2000                             6

  (III) IF THE INITIAL PERMANENCY HEARING HAS NOT BEEN HELD,  SETTING  A
DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSUANT TO PARAGRAPH ONE
OF SUBDIVISION (B) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS ACT.
  S  7.  Paragraph  (i) of subdivision (a) of section 1055 of the family
court act, as amended by section 12 of part G of chapter 58 of the  laws
of 2010, is amended to read as follows:
  (i)  For  purposes  of section one thousand fifty-two of this part the
court may place the child in the custody of a relative or other suitable
person pursuant to this article, or of the local commissioner of  social
services or of such other officer, board or department as may be author-
ized to receive children as public charges, or a duly authorized associ-
ation,  agency,  society or in an institution suitable for the placement
of a child. The court may also place a child who it finds to be a  sexu-
ally  exploited  child  as  defined  in  subdivision one of section four
hundred forty-seven-a of the social services law with the local  commis-
sioner  of  social services for placement in an available long-term safe
house. The court may also place the child in the custody  of  the  local
commissioner of social services and may direct such commissioner to have
the  child reside with a relative or other suitable person who has indi-
cated a desire to become a foster  parent  for  the  child  and  further
direct such commissioner, pursuant to regulations of the office of chil-
dren  and  family  services, to commence an investigation of the home of
such relative or other suitable  person  within  twenty-four  hours  and
thereafter  expedite approval or certification of such relative or other
suitable person, if qualified, as a foster parent. If such home is found
to be unqualified for approval or certification, the local  commissioner
shall report such fact to the court forthwith so that the court may make
a  placement  determination  that is in the best interests of the child.
FOR PURPOSES OF SECTION ONE THOUSAND FIFTY-ONE-A OF THIS PART, THE COURT
MAY PLACE THE CHILD IN THE CUSTODY OF THE LOCAL COMMISSIONER  OF  SOCIAL
SERVICES OR OF SUCH OTHER OFFICER, BOARD OR DEPARTMENT AS MAY BE AUTHOR-
IZED TO RECEIVE CHILDREN AS PUBLIC CHARGES, OR A DULY AUTHORIZED ASSOCI-
ATION,  AGENCY,  SOCIETY OR IN AN INSTITUTION SUITABLE FOR THE PLACEMENT
OF A CHILD.
  S 8. Paragraph (ii) of subdivision (b) of section 1055 of  the  family
court  act,  as amended by section 18 of part A of chapter 3 of the laws
of 2005, is amended to read as follows:
  (ii) (A) Upon placing a child under the age of one, who has been aban-
doned AS DEFINED IN PARAGRAPH (II) OF SUBDIVISION  (F)  OF  SECTION  ONE
THOUSAND  TWELVE  OF  THIS  ARTICLE, with a local commissioner of social
services, the court shall, where either of the  parents  do  not  appear
after  due  notice,  include  in  its  order  of disposition pursuant to
section one thousand fifty-two of  this  part,  a  direction  that  such
commissioner  shall  promptly  commence  a diligent search to locate the
child's non-appearing parent or parents or other known relatives who are
legally responsible for the child,  and  to  commence  a  proceeding  to
commit the guardianship and custody of such child to an authorized agen-
cy  pursuant  to  section  three  hundred  eighty-four-b  of  the social
services law, six months from the date that  care  and  custody  of  the
child  was  transferred to the LOCAL commissioner, unless there has been
communication and visitation between  such  child  and  such  parent  or
parents  or other known relatives or persons legally responsible for the
child. In addition to such diligent search, the  local  commissioner  of
social  services  shall  provide written notice to the child's parent or
parents or other known  relatives  or  persons  legally  responsible  as
provided  for  in  this paragraph. Such notice shall be served upon such

A. 2000                             7

parent or parents or other known relatives or persons legally  responsi-
ble  in  the  manner required for service of process pursuant to section
six hundred seventeen of this act. Information regarding  such  diligent
search,  including,  but  not  limited to, the name, last known address,
social security number, employer's address  and  any  other  identifying
information  to  the  extent  known  regarding the non-appearing parent,
shall be recorded in the uniform  case  record  maintained  pursuant  to
section four hundred nine-f of the social services law.
  (B) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY TO AN ABANDONED
INFANT,  AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOUSAND TWELVE OF
THIS ARTICLE.
  S 9. Subparagraph (i) of paragraph 1 of  subdivision  (b)  of  section
1089  of  the family court act, as amended by chapter 437 of the laws of
2006, is amended to read as follows:
  (i) the child's parent, including any  non-respondent  parent,  unless
the  parental  rights of the parent have been terminated or surrendered,
OR UNLESS THE CHILD HAS BEEN ALLEGED OR FOUND TO BE AN ABANDONED  INFANT
PURSUANT  TO SECTION ONE THOUSAND THIRTY-ONE-A OF THIS ACT AND THE IDEN-
TITY OF THE PARENT OR PARENTS IS UNKNOWN, and any other  person  legally
responsible for the child's care at the most recent address or addresses
known  to  the  local social services district or agency, and the foster
parent in whose home the child currently resides, each of whom shall  be
a party to the proceeding; and
  S  10.  Subdivision  (b)  of  section  1089 of the family court act is
amended by adding two new paragraphs 3 and 4 to read as follows:
  (3) IN THE CASE OF A CHILD WHO IS NOT FREE FOR ADOPTION WHO  HAS  BEEN
ALLEGED OR FOUND TO BE AN ABANDONED INFANT PURSUANT TO SECTION ONE THOU-
SAND  THIRTY-ONE-A  OF  THIS  ACT  WHERE  THE  IDENTITY OF THE PARENT OR
PARENTS IS UNKNOWN, THE LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES  SHALL
CAUSE  NOTICE  OF  THE  PERMANENCY HEARING TO BE PUBLISHED IN ACCORDANCE
WITH THE PROVISIONS OF RULE THREE HUNDRED SIXTEEN OF THE CIVIL  PRACTICE
LAW  AND  RULES  IN THE COUNTY IN WHICH SUCH CHILD WAS FOUND. THE NOTICE
SHALL STATE:
  (I) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
  (II) THE DATE, TIME AND PLACE THAT THE ABANDONED INFANT WAS FOUND;
  (III) A DESCRIPTION OF THE INFANT INCLUDING ITS  APPROXIMATE  DATE  OF
BIRTH;
  (IV)  THAT UPON FAILURE OF THE PARENT TO APPEAR THE CHILD MAY CONTINUE
TO BE PLACED INTO THE CARE AND CUSTODY OF THE COMMISSIONER OF THE  LOCAL
SOCIAL SERVICES DISTRICT IN THE PARENT'S ABSENCE; AND
  (V)  THE  NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON DESIGNATED
BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONTACT FOR  INFORMATION
REGARDING SUCH CHILD.
  (4)  IN  THE  CASE  OF  A CHILD WHO HAS BEEN ALLEGED OR FOUND TO BE AN
ABANDONED INFANT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A  OF  THIS
ACT  BUT  NOT  LATER  THAN  SIX  MONTHS AFTER THE INITIAL PUBLICATION OF
NOTICE OF SUCH PROCEEDING, IF THE MATERNITY OR  PATERNITY  OF  A  PERSON
CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST
TO BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY,
  (I) THE COURT SHALL ORDER AN INVESTIGATION PURSUANT TO SUBDIVISION ONE
OF SECTION ONE THOUSAND THIRTY-FOUR OF THIS ACT AND
  (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
ONE THOUSAND TWELVE OF THIS ACT TO FILE A PETITION TO DETERMINE ABUSE OR
NEGLECT  PURSUANT  TO  SECTION  ONE THOUSAND THIRTY-ONE OF THIS ACT, THE
LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL FILE  SUCH  PETITION  WITHIN

A. 2000                             8

THREE  COURT  DAYS.  UPON SUCH FILING, A HEARING PURSUANT TO SECTION ONE
THOUSAND TWENTY-SEVEN OF THIS ACT SHALL BE HELD FORTHWITH; OR
  (B) IF THERE ARE NO GROUNDS TO FILE A PETITION PURSUANT TO SECTION ONE
THOUSAND  THIRTY-ONE  OF THIS ACT, THE COURT SHALL HOLD A BEST INTERESTS
HEARING AS TO WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD TO RETURN
THE CHILD TO HIS OR HER HOME OR TO CONTINUE THE  CUSTODY  OF  THE  CHILD
WITH  THE  LOCAL  COMMISSIONER OF SOCIAL SERVICES. EXCEPT FOR GOOD CAUSE
SHOWN SUCH HEARING SHALL COMMENCE WITHIN THREE COURT DAYS.  THE  CUSTODY
OF  THE  CHILD  WITH  THE  LOCAL  COMMISSIONER  OF SOCIAL SERVICES SHALL
CONTINUE PENDING THE RESULT OF THE BEST INTERESTS HEARING;
  (II) IF THE CHILD IS FREE FOR ADOPTION, THE COURT  SHALL  ALSO  VACATE
THE ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD.
  S  11.  Section  352 of the social services law is amended by adding a
new subdivision 4 to read as follows:
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE PARENTS OF AN
ABANDONED INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION  ONE  THOUSAND
TWELVE OF THE FAMILY COURT ACT AND SECTION THREE HUNDRED NINETY-TWO-A OF
THIS CHAPTER.
  S  12.  Subdivision  1  of section 352-a of the social services law is
amended by adding a new paragraph (g) to read as follows:
  (G) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE  PARENTS  OF
AN  ABANDONED  INFANT AS DEFINED IN SUBDIVISION (L) OF SECTION ONE THOU-
SAND  TWELVE  OF  THE  FAMILY  COURT  ACT  AND  SECTION  THREE   HUNDRED
NINETY-TWO-A OF THIS CHAPTER.
  S  13.  Subdivision  2  of  section 371 of the social services law, as
amended by chapter 666 of the laws of 1976, is amended and a new  subdi-
vision 2-a is added to read as follows:
  2. "Abandoned child" means a child under the age of eighteen years who
is  abandoned  by both parents, or by the parent having [its] HIS OR HER
custody, or by any other person or persons lawfully charged  with  [its]
HIS  OR HER care or custody, in accordance with the definition and other
criteria set forth in subdivision five of section three hundred  eighty-
four-b OF THIS TITLE;
  2-A. "ABANDONED INFANT" MEANS A CHILD AS DEFINED IN SUBDIVISION (L) OF
SECTION  ONE  THOUSAND  TWELVE OF THE FAMILY COURT ACT AND SECTION THREE
HUNDRED NINETY-TWO-A OF THIS TITLE;
  S 14. Paragraph (ii) of subdivision 4-a of section 371 of  the  social
services law, as added by chapter 782 of the laws of 1971, is amended to
read as follows:
  (ii)  who  has  been  abandoned  by his OR HER parents or other person
legally responsible for his OR HER care, INCLUDING AN ABANDONED CHILD AS
DEFINED IN SUBDIVISION TWO OR AN ABANDONED INFANT AS DEFINED IN SUBDIVI-
SION TWO-A OF THIS SECTION.
  S 15. The opening paragraph and paragraphs (b), (c) and (d) of  subdi-
vision  1  of section 372 of the social services law are amended to read
as follows:
  Every court, and every public board, commission, institution, or offi-
cer having powers or charged with duties in relation to abandoned  CHIL-
DREN,  INCLUDING  ABANDONED INFANTS, delinquent, destitute, neglected or
dependent children who shall receive, accept or commit any  child  shall
provide and keep a record showing:
  (b)  his  OR HER sex and date and place of birth, if ascertainable, or
his OR HER apparent age AND IN  THE  CASE  OF  AN  ABANDONED  INFANT  AS
DEFINED  IN  SUBDIVISION  TWO-A  OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS TITLE, THE AFFIDAVIT OR OTHER OFFICIAL RECORD OF THE  DETERMINATION
OF  A  QUALIFIED  HEALTH  CARE PRACTITIONER, LICENSED OR CERTIFIED UNDER

A. 2000                             9

TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL  SCOPE
OF  PRACTICE  ATTESTING THAT THE CHILD WAS THIRTY DAYS OLD OR YOUNGER AT
THE TIME OF ABANDONMENT AND THE DATE OF BIRTH OF THE CHILD, TO A REASON-
ABLE DEGREE OF MEDICAL CERTAINTY,
  (c) the full and true names and places of birth of his OR HER parents,
and  their  actual residence if living, or their latest known residence,
if deceased or whereabouts unknown and the name and actual residence  of
any  other person having custody of the child, as nearly as the same can
reasonably be ascertained, AND IN THE CASE OF  AN  ABANDONED  INFANT  AS
DEFINED  IN  SUBDIVISION  TWO-A  OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS TITLE, A CERTIFIED COPY OF THE COURT  ORDER  DETERMINING  THAT  THE
CHILD   WAS  AN  ABANDONED  INFANT  PURSUANT  TO  SECTION  ONE  THOUSAND
FIFTY-ONE-A OF THE FAMILY COURT ACT,
  (d) the religious faith of the parents and of the child, IF KNOWN,
  S 16. Paragraph (e) of subdivision 3 of section 384-b  of  the  social
services  law,  as  amended  by section 55 of part A of chapter 3 of the
laws of 2005, is amended to read as follows:
  (e) (I) A proceeding under this section is originated by a petition on
notice served upon the child's parent or parents, the attorney  for  the
child's  parent  or parents and upon such other persons as the court may
in its discretion prescribe. Such notice shall inform  the  parents  and
such  other  persons  that the proceeding may result in an order freeing
the child for adoption without the consent of or notice to  the  parents
or  such  other  persons.  Such notice also shall inform the parents and
such other persons of their right to the assistance of counsel,  includ-
ing 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  all  persons
required  to be given notice of the proceeding, pursuant to this section
and section three hundred eighty-four-c of this title, and  there  shall
be  shown by the petition or by affidavit or other proof satisfactory to
the court that there are no persons other than those set  forth  in  the
petition  who  are entitled to notice pursuant to the provisions of this
section or of section three hundred eighty-four-c of  this  title.  When
the  proceeding is initiated in family court service of the petition and
other process shall be made in accordance with the provisions of section
six hundred seventeen of the family court act, and when  the  proceeding
is  initiated  in surrogate's court, service shall be made in accordance
with the provisions of section three hundred seven  of  the  surrogate's
court  procedure act. When the proceeding is initiated on the grounds of
abandonment of a child less than one year of age  at  the  time  of  the
transfer  of  the  care  and  custody  of  such  child to a local social
services official, the court shall take judicial notice  of  efforts  to
locate  the  child's  parents  or other known relatives or other persons
legally responsible pursuant to paragraph (ii)  of  subdivision  (b)  of
section one thousand fifty-five of the family court act.  THE PROVISIONS
OF  THIS  PARAGRAPH SHALL NOT APPLY TO A CHILD DETERMINED TO BE AN ABAN-
DONED INFANT AS DEFINED IN SUBDIVISION TWO-A OF  SECTION  THREE  HUNDRED
SEVENTY-ONE OF THIS TITLE.
  (II)  IF  THE IDENTITY OF THE PARENTS OF THE CHILD IS UNKNOWN, AND THE
CHILD HAS BEEN FOUND TO BE AN ABANDONED INFANT PURSUANT  TO  SUBDIVISION
(L)  OF SECTION ONE THOUSAND TWELVE OR SECTION ONE THOUSAND THIRTY-ONE-A
OF THE FAMILY COURT ACT, THE COURT UPON RECEIPT OF  THE  PETITION  SHALL
REQUIRE  THE  LOCAL  COMMISSIONER  TO  CAUSE  NOTICE  TO BE PUBLISHED IN
ACCORDANCE WITH THE PROVISIONS OF RULE  THREE  HUNDRED  SIXTEEN  OF  THE

A. 2000                            10

CIVIL  PRACTICE  LAW  AND  RULES  IN  THE COUNTY IN WHICH SUCH CHILD WAS
FOUND, FOR A PERIOD OF AT LEAST THIRTY DAYS. THE NOTICE SHALL STATE:
  (A) THE DATE, TIME AND PURPOSE OF THE PROCEEDING;
  (B)  THE  DATE,  TIME  AND PLACE THAT THE ABANDONED NEWBORN INFANT WAS
FOUND;
  (C) A DESCRIPTION OF THE INFANT  INCLUDING  ITS  APPROXIMATE  DATE  OF
BIRTH;
  (D) THAT UPON FAILURE TO APPEAR, ALL PARENTAL RIGHTS OF THE PARENTS OF
SUCH ABANDONED NEWBORN INFANT MAY BE TERMINATED;
  (E) THAT A PARENT'S FAILURE TO APPEAR SHALL CONSTITUTE A DENIAL OF HIS
OR  HER  INTEREST IN THE CHILD, WHICH DENIAL MAY RESULT, WITHOUT FURTHER
NOTICE, IN THE COMMITMENT OF THE CUSTODY AND GUARDIANSHIP OF  THE  CHILD
TO  THE  LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES  AND  IN  THE CHILD'S
ADOPTION; AND
  (F) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE  PERSON  DESIGNATED
BY  THE  LOCAL  COMMISSIONER  TO  CONTACT FOR INFORMATION REGARDING SUCH
CHILD.
  (III) AT ANY TIME PRIOR TO OR SUBSEQUENT TO  THE  ENTRY  OF  AN  ORDER
COMMITTING  THE  GUARDIANSHIP  AND CUSTODY OF THE CHILD PURSUANT TO THIS
SECTION BUT NOT LATER THAN SIX MONTHS AFTER THE INITIAL  PUBLICATION  OF
NOTICE  OF  THE PROCEEDING PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE-A
OF THE FAMILY COURT ACT, IF THE  MATERNITY  OR  PATERNITY  OF  A  PERSON
CLAIMING TO BE THE MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST
TO  BE CONDUCTED TO CONFIRM MATERNITY OR PATERNITY, THE PROCEEDING SHALL
BE STAYED PENDING  AN  INVESTIGATION  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  ONE  THOUSAND THIRTY-FOUR OF THE FAMILY COURT ACT. WITHIN THREE
COURT DAYS OF THE COMPLETION OF THE INVESTIGATION,
  (A) IF THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF SECTION
ONE THOUSAND TWELVE OF THE FAMILY COURT ACT TO FILE A PETITION TO DETER-
MINE ABUSE OR NEGLECT PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE OF THE
FAMILY COURT ACT, THE LOCAL COMMISSIONER OF SOCIAL SERVICES  SHALL  FILE
SUCH PETITION, OR
  (B) IF THERE ARE NO SUCH GROUNDS, THE COURT SHALL HOLD A HEARING AS TO
THE BEST INTERESTS OF THE CHILD.
  (IV)  THE  CUSTODY  OF THE CHILD WITH THE LOCAL COMMISSIONER OF SOCIAL
SERVICES SHALL CONTINUE PENDING THE RESULT OF THE BEST  INTERESTS  HEAR-
ING.
  (V)  IF  THE  CHILD  IS  FREE FOR ADOPTION, THE COURT SHALL VACATE THE
ORDER COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD.
  S 17. Subparagraph (iii) of paragraph (l) of subdivision 3 of  section
384-b  of the social services law, as amended by chapter 145 of the laws
of 2000, is amended and a new subparagraph (vi)  is  added  to  read  as
follows:
  (iii)  For  the  purposes  of  this paragraph, the date of the child's
entry into foster care is the earlier of sixty days after  the  date  on
which  the  child  was  removed  from the home or the date the child was
found by a court to be an ABANDONED INFANT, OR AN  abused  or  neglected
child pursuant to article ten of the family court act.
  (VI) FOR THE PURPOSES OF THIS PARAGRAPH, A PETITION FOR TERMINATION OF
PARENTAL  RIGHTS SHALL BE FILED WITHIN SIXTY DAYS AFTER A COURT'S DETER-
MINATION THAT THE CHILD IS AN ABANDONED INFANT PURSUANT TO  SECTION  ONE
THOUSAND FIFTY-ONE-A OF THE FAMILY COURT ACT.
  S  18. Paragraphs (d) and (e) of subdivision 4 of section 384-b of the
social services law, paragraph (d) as amended by chapter 739 of the laws
of 1981 and paragraph (e) as amended by section 56 of part A of  chapter

A. 2000                            11

3  of  the laws of 2005, are amended and a new paragraph (f) is added to
read as follows:
  (d) The child is a permanently neglected child; [or]
  (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.  Where  a court has determined that reasonable efforts to reunite
the child with his or her parent are not required, pursuant to the fami-
ly court act or this chapter, a petition to terminate parental rights on
the ground of severe abuse as set forth in subparagraph (iii)  of  para-
graph  (a) of subdivision eight of this section may be filed immediately
upon such determination[.]; OR
  (F) THE PARENT OR PARENTS ABANDONED THE CHILD WHEN THE CHILD WAS THIR-
TY DAYS OLD OR YOUNGER IN  A  MANNER  THAT  INDICATED  THE  PARENT'S  OR
PARENTS'  INTENT  TO  WHOLLY RELINQUISH AND FORGO RESPONSIBILITY FOR AND
RIGHTS TO THE CARE AND CUSTODY OF SUCH CHILD WITH THE  INTENT  THAT  THE
CHILD  BE  SAFE  FROM  PHYSICAL  INJURY  AND CARED FOR IN AN APPROPRIATE
MANNER, AND SUCH PARENT OR PARENTS, AFTER A PERIOD OF  TWO  MONTHS  FROM
THE  DATE OF ABANDONMENT, HAVE NOT COMMUNICATED WITH THE CHILD OR AGENCY
REGARDING THE CHILD.
  S 19. Subdivision 5 of section 384-b of the  social  services  law  is
amended by adding a new paragraph (c) to read as follows:
  (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO AN ABANDONED
INFANT  AS  DEFINED IN SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVEN-
TY-ONE OF THIS TITLE.
  S 20. Title 1 of article 6 of the social services law  is  amended  by
adding a new section 392-a to read as follows:
  S  392-A.  ABANDONED  INFANTS;  SPECIAL  PROVISIONS.  1. A CHILD IS AN
"ABANDONED INFANT" WHERE A COURT OF COMPETENT  JURISDICTION  HAS  DETER-
MINED  PURSUANT  TO SECTION ONE THOUSAND FIFTY-ONE-A OF THE FAMILY COURT
ACT THAT SUCH CHILD IS AN ABANDONED INFANT.
  2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  UPON  NOTIFICATION
THAT AN ALLEGED ABANDONED INFANT IS FOUND WITHIN THE COUNTY OR JURISDIC-
TION, THE LOCAL COMMISSIONER SHALL:
  (I)  IMMEDIATELY  CAUSE  A  PHYSICAL  EXAMINATION  OF  THE CHILD TO BE
PERFORMED BY A QUALIFIED HEALTH CARE PRACTITIONER, LICENSED OR CERTIFIED
UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER  LAWFUL
SCOPE  OF  PRACTICE  TO DETERMINE THE HEALTH STATUS OF THE CHILD AND THE
AGE AND DATE OF BIRTH OF THE CHILD TO A  REASONABLE  DEGREE  OF  MEDICAL
CERTAINTY.   SUCH HEALTH CARE PRACTITIONER SHALL CERTIFY BY AFFIDAVIT OR
OTHER OFFICIAL RECORD HIS OR HER REASONABLE  MEDICAL  CONCLUSION  AS  TO
WHETHER  THE CHILD WAS THIRTY DAYS OLD OR YOUNGER WHEN ABANDONED AND THE
CHILD'S DATE OF BIRTH. THE AFFIDAVIT OR OTHER  OFFICIAL  RECORD  OF  THE
DETERMINATION  SHALL BE PLACED IN THE INFANT'S RECORDS IN PLACE OF THOSE
REQUIRED BY SUBDIVISION ONE OF SECTION THREE HUNDRED SEVENTY-TWO OF THIS
TITLE; AND
  (II) FORTHWITH COMMENCE A PROCEEDING PURSUANT TO SECTION ONE  THOUSAND
THIRTY-ONE-A OF THE FAMILY COURT ACT.
  (B)  UPON ASSUMPTION OF PROTECTIVE CUSTODY OF A CHILD ALLEGED TO BE AN
"ABANDONED INFANT" THE LOCAL COMMISSIONER SHALL:
  (I) PROVIDE NECESSARY SERVICES OR ASSISTANCE, INCLUDING AUTHORIZING  A
QUALIFIED  HEALTH  CARE  PRACTITIONER, LICENSED OR CERTIFIED UNDER TITLE
EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR  HER  LAWFUL  SCOPE  OF
PRACTICE  OR HOSPITAL TO PROVIDE EMERGENCY MEDICAL TREATMENT OR SURGICAL
PROCEDURES NECESSARY TO SAFEGUARD THE LIFE OR HEALTH OF THE CHILD;

A. 2000                            12

  (II) AT THE TIME OF ASSUMPTION OF CUSTODY OF THE CHILD, AT THE TIME OF
THE FACT-FINDING HEARING AND AT THE TIME OF  THE  DISPOSITIONAL  HEARING
REGARDING  THE  PETITION TO COMMIT GUARDIANSHIP AND CUSTODY OF THE CHILD
TO AN AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED  EIGHTY-FOUR-B
OF  THIS  TITLE,  MAKE INQUIRY OF THE PUTATIVE FATHER REGISTRY REGARDING
THE EXISTENCE OF A NOTICE OF INTENT FILED WITH  THE  REGISTRY  THAT  MAY
PERTAIN  TO  THE  CHILD AND OF LOCAL LAW ENFORCEMENT OFFICIALS REGARDING
THE EXISTENCE OF A MISSING PERSON REPORT THAT MAY PERTAIN TO THE  CHILD.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LOCAL COMMISSIONER SHALL
NOT  BE  REQUIRED  TO  PURSUE ANY OTHER EFFORTS TO LOCATE THE PARENTS OR
RELATIVES OF SUCH CHILD;
  (III) PUBLICIZE: (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN AN
EFFORT TO ALLOW A PARENT OR OTHER RELATIVE OF THE CHILD TO COME FORWARD,
THE ABANDONMENT OF THE CHILD THROUGH LOCAL  MEDIA  OUTLETS  AND  SPECIF-
ICALLY IN THE COMMUNITY WHERE THE ABANDONMENT OCCURRED WITH THE INFORMA-
TION  REGARDING  THE CHILD TO BE PROVIDED AT THE DISCRETION OF THE LOCAL
COMMISSIONER, INCLUDING, BUT NOT LIMITED TO PHOTOS OF THE CHILD; AND (B)
THE AVAILABILITY OF (1) PREVENTION  SERVICES,  PERSONAL  COUNSELING  AND
SUPPORT  SERVICES  AS  CONTEMPLATED UNDER TITLES FOUR AND FOUR-B OF THIS
ARTICLE; (2) INFORMATION AND REFERRAL SERVICES, ADVOCACY, COUNSELING AND
HOTLINE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE AS  CONTEMPLATED  UNDER
SECTION  FOUR  HUNDRED FIFTY-NINE-C OF THIS CHAPTER; AND (3) SAFE PLACE-
MENT ALTERNATIVES FOR NEWBORN INFANTS AS PROVIDED UNDER THIS SECTION AND
SECTION ONE THOUSAND THIRTY-ONE-A OF THE  FAMILY  COURT  ACT,  INCLUDING
INFORMATION REGARDING TERMINATION OF PARENTAL RIGHTS AND ADOPTION PROCE-
DURES  AND  THAT AN ABANDONED INFANT IS NOT A NEGLECTED CHILD UNDER THIS
CHAPTER OR THE FAMILY COURT ACT; AND
  (IV) IF THE MATERNITY OR PATERNITY OF A  PERSON  CLAIMING  TO  BE  THE
MOTHER OR FATHER OF THE INFANT IS CONFIRMED BY A TEST TO BE CONDUCTED TO
CONFIRM  MATERNITY  OR  PATERNITY,  CONDUCT AN INVESTIGATION PURSUANT TO
SUBDIVISION ONE OF SECTION ONE THOUSAND THIRTY-FOUR OF THE FAMILY  COURT
ACT  AND  IF  THERE ARE NO GROUNDS PURSUANT TO SUBDIVISION (E) OR (F) OF
SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT, WITHDRAW THE  PETI-
TION  TO  DETERMINE  WHETHER  A CHILD IS AN ABANDONED INFANT PURSUANT TO
SUBDIVISION (1) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT  ACT.
IF  THERE ARE GROUNDS PURSUANT TO SUBDIVISION (E) AND (F) OF SECTION ONE
THOUSAND TWELVE OF THE FAMILY  COURT  ACT,  THE  LOCAL  COMMISSIONER  OF
SOCIAL  SERVICES  SHALL  FILE  A  PETITION TO DETERMINE ABUSE OR NEGLECT
PURSUANT TO SECTION ONE THOUSAND THIRTY-ONE  OF  THE  FAMILY  COURT  ACT
WITHIN THREE COURT DAYS OF THE COMPLETION OF THE INVESTIGATION.
  S  21.  Section  372-g of the social services law, as added by chapter
156 of the laws of 2000, is amended to read as follows:
  S 372-g. Abandoned infant protection program.  1. The office of  chil-
dren  and  family services shall develop and implement a public informa-
tion program to inform the general public of the provisions of the aban-
doned infant protection act  AND  THE  AVAILABILITY  OF  SAFE  PLACEMENT
ALTERNATIVES FOR NEWBORN INFANTS AS PROVIDED UNDER SECTION THREE HUNDRED
NINETY-TWO-A  OF THIS TITLE AND SECTION ONE THOUSAND THIRTY-ONE-A OF THE
FAMILY  COURT  ACT,  INCLUDING  INFORMATION  REGARDING  TERMINATION   OF
PARENTAL  RIGHTS AND ADOPTION PROCEDURES AND THAT AN ABANDONED INFANT IS
NOT A NEGLECTED CHILD UNDER THIS CHAPTER OR THE FAMILY COURT  ACT.  SUCH
PUBLIC  INFORMATION  PROGRAM SHALL ALSO INFORM THE GENERAL PUBLIC OF THE
AVAILABILITY OF PREVENTION SERVICES,  PERSONAL  COUNSELING  AND  SUPPORT
SERVICES  AS  CONTEMPLATED UNDER TITLES FOUR AND FOUR-B OF THIS ARTICLE,
AND INFORMATION AND REFERRAL SERVICES, ADVOCACY, COUNSELING AND  HOTLINE
SERVICES  TO  VICTIMS OF DOMESTIC VIOLENCE AS CONTEMPLATED UNDER SECTION

A. 2000                            13

FOUR HUNDRED FIFTY-NINE-C OF THIS CHAPTER.  The program may include  but
not be limited to the following elements:
  [1.]  (A)  educational  and  informational  materials in print, audio,
video, electronic, or other media;
  [2.] (B) public service announcements and advertisements; and
  [3.] (C) establishment of  toll-free  telephone  hotlines  to  provide
information.
  2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DEVELOP AND IMPLE-
MENT  THE  PUBLIC  INFORMATION  PROGRAM  WITHIN  AMOUNTS APPROPRIATED OR
AVAILABLE BY THE STATE.
  S 22. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.