NY State Senate Bill 2015-S1988

Senate Bill S1988

2015-2016 Legislative Session

Eliminates the requirement for parental consent to an adoption when the parent has an order of protection against them for the protection of the other parent

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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
Jan 06, 2016	referred to children and families
Jan 21, 2015	referred to children and families

2015-S1988 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §111, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7355
2011-2012: S862
2013-2014: S3898
2017-2018: S552
2019-2020: S917

2015-S1988 (ACTIVE) - Summary

Eliminates the requirement for parental consent to an adoption when one parent has an order of protection against him or her for the protection of the other parent, a person in lawful custody of the child or the child.

2015-S1988 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1988

TITLE OF BILL:  An act to amend the domestic relations law, in
relation to eliminating the requirement of a parent to consent to the
adoption of his or her child when such parent has had an order of
protection issued against him or her for the protection of the other
parent, a person having lawful custody of such child or the child

PURPOSE OR GENERAL IDEA OF BILL:

This bill eliminates the requirement for parental consent to an
adoption when the parent has an order of protection against them for
the protection of the other parent.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends paragraph (e) of subdivision 2 of section 111 of the
Domestic Relations Law to add a new paragraph (f) that provides that
the consent shall not be required of a parent, whether that parent is
an adult or child, of a child conceived or born in wedlock, if such
parent has had an order of protection imposed on them by a judge
against the other parent or persons having lawful custody of the
child, or against the child.

Section two of the bill provides the effective date.

JUSTIFICATION:

This bill would correct a contradiction in state domestic relations
law which stipulates that if an adoption of a child is pending, a
parent's involvement, including direct contact is required. This
creates a problem when one of the parents has been deemed dangerous by
the court system and has subsequently had an order of protection
placed against them. The bill would also have the effect of protecting
the process of adoption of children from manipulation by abusers with
a history of domestic violence.

PRIOR LEGISLATIVE HISTORY:

2013,2014: S.3898  Referred to Children and Families
2011,2012: S.862   Referred to Children and Families
2009,2010: S.7355  Referred to Children and Families

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

One hundred and eighty days after it shall become law.

2015-S1988 (ACTIVE) - Bill Text download pdf

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

                                  1988

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law, in relation  to  eliminating
  the  requirement  of a parent to consent to the adoption of his or her
  child when such parent has had an order of protection  issued  against
  him  or  her  for  the protection of the other parent, a person having
  lawful custody of such child or the child

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

  Section 1. Paragraph (e) of subdivision 2 of section 111 of the domes-
tic  relations  law,  as  amended by chapter 375 of the laws of 1997, is
amended and a new paragraph (f) is added to read as follows:
  (e) who has executed an instrument, which shall be irrevocable,  deny-
ing  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[.]; OR
  (F) WHO, WHETHER AN ADULT OR CHILD:
  (I) IS THE PARENT OF THE CHILD; AND
  (II)  IS  THE SPOUSE OR FORMER SPOUSE OF THE OTHER PARENT OF THE CHILD
CONCEIVED OR BORN IN WEDLOCK; AND
  (III) HAS HAD AN ORDER OF PROTECTION ISSUED AGAINST HIM OR HER FOR THE
PROTECTION OF THE OTHER PARENT, A PERSON HAVING LAWFUL CUSTODY  OF  SUCH
CHILD  OR  THE CHILD, WHICH IS IN EFFECT AT THE TIME OF THE PLACEMENT OF
THE CHILD OR AT ANY TIME DURING THE  SIX  MONTH  PERIOD  PRECEDING  SUCH
PLACEMENT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06046-01-5

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