S T A T E   O F   N E W   Y O R K
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                                  6668

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Mental Health, Mental Retardation and Developmental Disa-
  bilities

AN ACT to amend the social services law, in relation  to  the  permanent
  termination  of parental rights for reason of mental illness or mental
  retardation; and to repeal subdivision  6  of  section  384-b  of  the
  social services law relating thereto

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

  Section 1. Subdivision 4 of section 384-b of the social services  law,
as  added  by chapter 666 of the laws of 1976, paragraphs (b) and (c) as
amended by chapter 284 of the laws of 1981, 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 3 of the laws of 2005, is amended to read as
follows:
  4. An order committing the guardianship and custody of a child  pursu-
ant  to  this  section  shall  be  granted  only upon one or more of the
following grounds:
  (a) Both parents of the child are dead, and no guardian of the  person
of such child has been lawfully appointed; or
  (b)  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, abandoned such child for the period of
six months immediately prior to the date on which the petition is  filed
in the court; or
  (c) [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, are presently and for the foreseeable
future unable, by reason of mental illness  or  mental  retardation,  to
provide proper and adequate care for a child who has been in the care of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09454-01-9

              

A. 6668                             2

an authorized agency for the period of one year immediately prior to the
date on which the petition is filed in the court; or
  (d)] The child is a permanently neglected child; or
  [(e)]  (D) The parent or parents, whose consent to the adoption of the
child would otherwise be required in accordance with section one hundred
eleven 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.
  S  2.  Subdivision  6  of  section 384-b of the social services law is
REPEALED.
  S 3. This act shall take effect immediately.