Bill Text: NY A02433 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to procedures, petitions and special provisions regarding abandoned infants; defines abandoned infant; sets forth preliminary procedures; and provides for sustaining or dismissing a petition alleging a child is an abandoned infant.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2018-06-21 - enacting clause stricken [A02433 Detail]
Download: New_York-2017-A02433-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2433 2017-2018 Regular Sessions IN ASSEMBLY January 20, 2017 ___________ Introduced by M. of A. PAULIN, WRIGHT, PRETLOW, GUNTHER, ROSENTHAL, HOOPER, GALEF, JAFFEE, SCHIMMINGER, ZEBROWSKI, ABBATE, KAVANAGH -- Multi-Sponsored by -- M. of A. BENEDETTO, CAHILL, DINOWITZ, ENGLE- BRIGHT, FARRELL, GOTTFRIED, HEVESI, LUPARDO, MAGEE, ORTIZ, PERRY -- 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: 1 Section 1. Paragraph (ii) of subdivision (f) and subdivision (j) of 2 section 1012 of the family court act, paragraph (ii) of subdivision (f) 3 as amended by chapter 666 of the laws of 1976 and subdivision (j) as 4 amended by section 3 of part B of chapter 3 of the laws of 2005, are 5 amended and a new subdivision (l) is added to read as follows: 6 (ii) who has been abandoned, in accordance with the definition and 7 other criteria set forth in subdivision five of section three hundred 8 eighty-four-b of the social services law, by his parents or other person 9 legally responsible for his care, but shall not include an abandoned 10 infant as defined in subdivision (l) of this section. 11 (j) "Aggravated circumstances" means where a child has been either 12 severely or repeatedly abused, as defined in subdivision eight of 13 section three hundred eighty-four-b of the social services law; or where 14 a child has subsequently been found to be an abused child, as defined in 15 paragraph (i) or (iii) of subdivision (e) of this section, within five 16 years after return home following placement in foster care as a result 17 of being found to be a neglected child, as defined in subdivision (f) of 18 this section, provided that the respondent or respondents in each of the 19 foregoing proceedings was the same; or where the court finds by clear 20 and convincing evidence that the parent of a child in foster care has 21 refused and has failed completely, over a period of at least six months 22 from the date of removal, to engage in services necessary to eliminate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06294-01-7A. 2433 2 1 the risk of abuse or neglect if returned to the parent, and has failed 2 to secure services on his or her own or otherwise adequately prepare for 3 the return home and, after being informed by the court that such an 4 admission could eliminate the requirement that the local department of 5 social services provide reunification services to the parent, the parent 6 has stated in court under oath that he or she intends to continue to 7 refuse such necessary services and is unwilling to secure such services 8 independently or otherwise prepare for the child's return home; 9 provided, however, that if the court finds that adequate justification 10 exists for the failure to engage in or secure such services, including 11 but not limited to a lack of child care, a lack of transportation, and 12 an inability to attend services that conflict with the parent's work 13 schedule, such failure shall not constitute an aggravated circumstance; 14 or where a court has determined a child [five] thirty days old or young- 15 er was abandoned by a parent with an intent to wholly abandon such child 16 and with the intent that the child be safe from physical injury and 17 cared for in an appropriate manner. 18 (l) "Abandoned infant" means a child who has been left by his or her 19 parent when thirty days old or younger, in a manner that indicated the 20 parent's intent to wholly abandon such child by relinquishing and fore- 21 going responsibility for and rights to the care and custody of such 22 child with the intent that the child be safe from physical injury and 23 cared for in an appropriate manner. 24 § 2. The family court act is amended by adding a new section 1031-a to 25 read as follows: 26 § 1031-a. Abandoned infants, preliminary procedure. (a) Upon receipt 27 of notice that a child who appears to be an abandoned infant has been 28 found in the jurisdiction of the local social services district, the 29 local commissioner of social services shall immediately take protective 30 custody of the child pursuant to section one thousand twenty-four of 31 this article until further order of the court. 32 (b) A proceeding to determine whether a child is an abandoned infant 33 pursuant to subdivision (l) of section one thousand twelve of this arti- 34 cle shall be commenced by such local commissioner forthwith. The peti- 35 tion for such proceeding shall: 36 (i) allege the location and date of and the circumstances by which it 37 is alleged that the child was abandoned; and 38 (ii) allege that upon information and belief, the child in question 39 was thirty days old or younger when found. 40 (c) The court upon receipt of the petition shall appoint an attorney 41 for the child to represent the child alleged to be an abandoned infant. 42 (d) If the identity of the parents of the child is unknown, the court 43 upon receipt of the petition shall hold a hearing to determine whether 44 the child appears to have been abandoned in accordance with the defi- 45 nition of abandoned infant provided in subdivision (1) of section one 46 thousand twelve of this article. 47 (i) At such hearing, if the court determines that the circumstances of 48 the abandonment meet the definition of abandoned infant in subdivision 49 (1) of section one thousand twelve of this article, the court shall: 50 (A) order that the local commissioner of social services shall not be 51 required to commence a diligent search to locate the parent or parents 52 or other relatives of the child; and 53 (B) require the local commissioner of social services to cause notice 54 of the proceeding to be published in accordance with the provisions of 55 subdivision (a) of rule three hundred sixteen of the civil practice law 56 and rules in the county in which such child was found, at least once inA. 2433 3 1 each of three successive weeks. Service by publication is complete on 2 the twenty-first day after the day of the first publication. The notice 3 shall state: 4 (1) the date, time and purpose of the proceeding; 5 (2) the date, time and place that the abandoned infant was found; 6 (3) a description of the infant including its approximate date of 7 birth; 8 (4) that upon failure of the parent to appear, the child may be deemed 9 an abandoned infant pursuant to subdivision (l) of section one thousand 10 twelve of this article and placed into the care and custody of the 11 commissioner of the local social services district in the parent's 12 absence; and 13 (5) the name, address, and telephone number of the person designated 14 by the local commissioner of social services to contact for information 15 regarding such child. 16 (ii) In determining whether removal or continuing the removal of a 17 child is necessary to avoid imminent risk to the child's life or health, 18 the court shall consider and determine in its order whether continuation 19 in the child's home would be contrary to the best interests of the child 20 and where appropriate, whether reasonable efforts were made prior to the 21 date of the hearing held under this subdivision to prevent or eliminate 22 the need for removal of the child from the home and, if the child was 23 removed from his or her home prior to the date of the hearing held under 24 this subdivision, where appropriate, that reasonable efforts were made 25 to make it possible for the child to safely return home. If the court 26 determines that reasonable efforts to prevent or eliminate the need for 27 removal of the child from the home were not made but that the lack of 28 such efforts was appropriate under the circumstances, the court order 29 shall include such a finding. 30 (e) If a person claiming to be a parent of the child in question who 31 is alleged to be an abandoned infant, comes forward, the local commis- 32 sioner of social services shall: 33 (i) provide written notification to the court and the attorney for the 34 child forthwith; and 35 (ii) cause a test to be conducted to confirm maternity or paternity of 36 the persons claiming to be the mother or father of the child in ques- 37 tion; and if maternity or paternity is confirmed, notify the court which 38 shall order an investigation pursuant to subdivision one of section one 39 thousand thirty-four of this part. The existing order of custody of the 40 child to the local commissioner of social services shall continue pend- 41 ing the result of the investigation. 42 (A) If there are grounds pursuant to subdivision (e) or (f) of section 43 one thousand twelve of this article to file a petition to determine 44 abuse or neglect pursuant to section one thousand thirty-one of this 45 part, the local commissioner of social services shall file such petition 46 within three court days of the completion of the investigation. The 47 parent or parents shall be informed of the date and the time that the 48 petition shall be filed, the address of the court where the petition 49 shall be filed, of the right of the parent to be present at any hearing 50 held thereon and of the right to be represented by counsel, including 51 procedures for obtaining counsel if indigent. Upon such filing, a hear- 52 ing pursuant to section one thousand twenty-seven of this article shall 53 be held forthwith. 54 (B) If no such grounds exist, the court shall dismiss the petition and 55 order that the child be returned to his or her parent or parents.A. 2433 4 1 § 3. Subdivision (a) of section 1039-b of the family court act, as 2 added by chapter 7 of the laws of 1999, is amended to read as follows: 3 (a) In conjunction with, or at any time subsequent to, the filing of a 4 petition under section [ten hundred] one thousand thirty-one of this 5 [chapter] part, the social services official may file a motion upon 6 notice requesting a finding that reasonable efforts to return the child 7 to his or her home are no longer required. 8 § 4. Subdivision (a) of section 1041 of the family court act, as 9 amended by chapter 1015 of the laws of 1972, is amended to read as 10 follows: 11 (a) that the parent or other person legally responsible for the 12 child's care is present at the hearing and has been served with a copy 13 of the petition, unless the child is alleged to be an abandoned infant 14 pursuant to section one thousand thirty-one-a of this article, in which 15 event, the provisions of subparagraph (B) of paragraph (i) of subdivi- 16 sion (d) of section one thousand thirty-one-a of this article shall 17 apply; or 18 § 5. Section 1044 of the family court act, as added by chapter 962 of 19 the laws of 1970, is amended to read as follows: 20 § 1044. Definition of "fact-finding hearing". When used in this arti- 21 cle, "fact-finding hearing" means a hearing to determine whether the 22 child is an abused or neglected child or an abandoned infant as defined 23 by this article. 24 § 6. The family court act is amended by adding a new section 1051-a to 25 read as follows: 26 § 1051-a. Sustaining or dismissing a petition alleging a child is an 27 abandoned infant. (a) At the fact-finding hearing scheduled pursuant to 28 section one thousand thirty-one-a of this article, the court shall 29 determine that the child is an abandoned infant and sustain the petition 30 filed under section one thousand thirty-one-a of this article if facts 31 sufficient to constitute clear and convincing evidence are established 32 to find that the child was thirty days old or younger when abandoned and 33 that the child was left in a manner that indicated his or her parent's 34 intent to wholly abandon such child by relinquishing and foregoing 35 responsibility for and rights to the care and custody of such child with 36 the intent that the child be safe from physical injury and cared for in 37 an appropriate manner. For purposes of finding that the child was thirty 38 days old or younger when abandoned, an affidavit or other official 39 record of a determination of a qualified health care practitioner, 40 licensed or certified under title eight of the education law, acting 41 within his or her lawful scope of practice who examined the child that 42 such child was thirty days old or younger when abandoned and the date of 43 birth of the child, to a reasonable degree of medical certainty; an 44 affidavit or official record, including a police report or testimony 45 regarding the manner of the abandonment of the child; and an affidavit 46 or official record of the result of the inquiries made to the putative 47 father registry and to local law enforcement officials regarding a miss- 48 ing person report, shall be sufficient evidence of the child's age and 49 date of birth and the intent to wholly abandon the child. 50 (b) If the court sustains the petition and finds that the child is an 51 abandoned infant, the court shall determine and find and shall state in 52 its order: 53 (i) that the child was thirty days old or younger when abandoned to a 54 reasonable degree of medical certainty; 55 (ii) the date the child was born, to a reasonable degree of medical 56 certainty;A. 2433 5 1 (iii) that the child was left in a manner that indicated his or her 2 parent's intent to wholly abandon the child by relinquishing and forego- 3 ing responsibility for and rights to the care and custody of such child 4 with the intent that the child be safe from physical injury and cared 5 for in an appropriate manner; 6 (iv) that based upon the findings of paragraphs (i) and (iii) of this 7 subdivision, aggravated circumstances within the meaning of subdivision 8 (j) of section one thousand twelve of this article exist; and 9 (v) that based upon such finding of aggravated circumstances, reason- 10 able efforts to return the child to his or her home are not required. 11 (c) If facts sufficient to sustain the petition are not established 12 due to a determination that either the child was older than thirty days 13 at the time of abandonment or the child is not otherwise an abandoned 14 infant as provided in this section, the court shall convert the petition 15 to a proceeding to determine abuse or neglect pursuant to section one 16 thousand thirty-one of this article and shall state on the record the 17 grounds for the conversion. 18 (i) The court shall determine whether temporary custody of the child 19 to the local commissioner of social services shall continue until 20 further order of the court. In determining whether removal or continuing 21 the removal of a child is necessary to avoid imminent risk to the 22 child's life or health, the court shall consider and determine in its 23 order whether continuation in the child's home would be contrary to the 24 best interests of the child and where appropriate, whether reasonable 25 efforts were made prior to the date of the hearing held under subdivi- 26 sion (a) of this section to prevent or eliminate the need for removal of 27 the child from the home and, if the child was removed from his or her 28 home prior to the date of the hearing held under subdivision (a) of this 29 section, where appropriate, that reasonable efforts were made to make it 30 possible for the child to safely return home. 31 (ii) If the court determines that reasonable efforts to prevent or 32 eliminate the need for removal of the child from the home were not made 33 but that the lack of such efforts was appropriate under the circum- 34 stances, the court order shall include such a finding. 35 (d) At the conclusion of the dispositional hearing that shall be 36 commenced immediately upon completion of the fact-finding hearing when 37 the petition has been sustained, the court shall enter an order of 38 disposition: 39 (i) placing the child in the custody of the local commissioner of 40 social services, who shall make reasonable efforts to place the child 41 into a pre-adoptive home, in accordance with the provisions of section 42 one thousand fifty-five of this part, upon a determination that: 43 (A) continuation in the child's home would be contrary to the best 44 interests of the child; and 45 (B) where the court has determined that the parent of such child has 46 subjected the child to aggravated circumstances, as defined in subdivi- 47 sion (j) of section one thousand twelve of this article, reasonable 48 efforts to prevent or eliminate the need for removing the child from the 49 home of the child or to make it possible for the child to return safely 50 to his or her home are not required; 51 (ii) requiring the local commissioner of social services to commence a 52 proceeding to commit the guardianship and custody of such child to an 53 authorized agency pursuant to section three hundred eighty-four-b of the 54 social services law within sixty days; andA. 2433 6 1 (iii) if the initial permanency hearing has not been held, setting a 2 date certain for an initial permanency hearing pursuant to paragraph one 3 of subdivision (b) of section one thousand eighty-nine of this act. 4 § 7. Paragraph (i) of subdivision (a) of section 1055 of the family 5 court act, as amended by section 12 of part G of chapter 58 of the laws 6 of 2010, is amended to read as follows: 7 (i) For purposes of section one thousand fifty-two of this part the 8 court may place the child in the custody of a relative or other suitable 9 person pursuant to this article, or of the local commissioner of social 10 services or of such other officer, board or department as may be author- 11 ized to receive children as public charges, or a duly authorized associ- 12 ation, agency, society or in an institution suitable for the placement 13 of a child. The court may also place a child who it finds to be a sexu- 14 ally exploited child as defined in subdivision one of section four 15 hundred forty-seven-a of the social services law with the local commis- 16 sioner of social services for placement in an available long-term safe 17 house. The court may also place the child in the custody of the local 18 commissioner of social services and may direct such commissioner to have 19 the child reside with a relative or other suitable person who has indi- 20 cated a desire to become a foster parent for the child and further 21 direct such commissioner, pursuant to regulations of the office of chil- 22 dren and family services, to commence an investigation of the home of 23 such relative or other suitable person within twenty-four hours and 24 thereafter expedite approval or certification of such relative or other 25 suitable person, if qualified, as a foster parent. If such home is found 26 to be unqualified for approval or certification, the local commissioner 27 shall report such fact to the court forthwith so that the court may make 28 a placement determination that is in the best interests of the child. 29 For purposes of section one thousand fifty-one-a of this part, the court 30 may place the child in the custody of the local commissioner of social 31 services or of such other officer, board or department as may be author- 32 ized to receive children as public charges, or a duly authorized associ- 33 ation, agency, society or in an institution suitable for the placement 34 of a child. 35 § 8. Paragraph (ii) of subdivision (b) of section 1055 of the family 36 court act, as amended by section 18 of part A of chapter 3 of the laws 37 of 2005, is amended to read as follows: 38 (ii) (A) Upon placing a child under the age of one, who has been aban- 39 doned as defined in paragraph (ii) of subdivision (f) of section one 40 thousand twelve of this article, with a local commissioner of social 41 services, the court shall, where either of the parents do not appear 42 after due notice, include in its order of disposition pursuant to 43 section one thousand fifty-two of this part, a direction that such 44 commissioner shall promptly commence a diligent search to locate the 45 child's non-appearing parent or parents or other known relatives who are 46 legally responsible for the child, and to commence a proceeding to 47 commit the guardianship and custody of such child to an authorized agen- 48 cy pursuant to section three hundred eighty-four-b of the social 49 services law, six months from the date that care and custody of the 50 child was transferred to the local commissioner, unless there has been 51 communication and visitation between such child and such parent or 52 parents or other known relatives or persons legally responsible for the 53 child. In addition to such diligent search, the local commissioner of 54 social services shall provide written notice to the child's parent or 55 parents or other known relatives or persons legally responsible as 56 provided for in this paragraph. Such notice shall be served upon suchA. 2433 7 1 parent or parents or other known relatives or persons legally responsi- 2 ble in the manner required for service of process pursuant to section 3 six hundred seventeen of this act. Information regarding such diligent 4 search, including, but not limited to, the name, last known address, 5 social security number, employer's address and any other identifying 6 information to the extent known regarding the non-appearing parent, 7 shall be recorded in the uniform case record maintained pursuant to 8 section four hundred nine-f of the social services law. 9 (B) The requirements of this paragraph shall not apply to an abandoned 10 infant, as defined in subdivision (l) of section one thousand twelve of 11 this article. 12 § 9. Subparagraph (i) of paragraph 1 of subdivision (b) of section 13 1089 of the family court act, as amended by chapter 573 of the laws of 14 2015, is amended to read as follows: 15 (i) the child's parent, including any non-respondent parent, unless 16 the parental rights of the parent have been terminated or surrendered , 17 or unless the child has been alleged or found to be an abandoned infant 18 pursuant to section one thousand thirty-one-a of this act and the iden- 19 tity of the parent or parents is unknown, and any other person legally 20 responsible for the child's care at the most recent address or addresses 21 known to the local social services district or agency, and the foster 22 parent in whose home the child currently resides, each of whom shall be 23 a party to the proceeding; and 24 § 10. Subdivision (b) of section 1089 of the family court act is 25 amended by adding two new paragraphs 3 and 4 to read as follows: 26 (3) In the case of a child who is not free for adoption who has been 27 alleged or found to be an abandoned infant pursuant to section one thou- 28 sand thirty-one-a of this act where the identity of the parent or 29 parents is unknown, the local commissioner of social services shall 30 cause notice of the permanency hearing to be published in accordance 31 with the provisions of rule three hundred sixteen of the civil practice 32 law and rules in the county in which such child was found. The notice 33 shall state: 34 (i) the date, time and purpose of the proceeding; 35 (ii) the date, time and place that the abandoned infant was found; 36 (iii) a description of the infant including its approximate date of 37 birth; 38 (iv) that upon failure of the parent to appear the child may continue 39 to be placed into the care and custody of the commissioner of the local 40 social services district in the parent's absence; and 41 (v) the name, address, and telephone number of the person designated 42 by the local commissioner of social services to contact for information 43 regarding such child. 44 (4) In the case of a child who has been alleged or found to be an 45 abandoned infant pursuant to section one thousand thirty-one-a of this 46 act but not later than six months after the initial publication of 47 notice of such proceeding, if the maternity or paternity of a person 48 claiming to be the mother or father of the infant is confirmed by a test 49 to be conducted to confirm maternity or paternity, 50 (i) the court shall order an investigation pursuant to subdivision one 51 of section one thousand thirty-four of this act and 52 (A) if there are grounds pursuant to subdivision (e) or (f) of section 53 one thousand twelve of this act to file a petition to determine abuse or 54 neglect pursuant to section one thousand thirty-one of this act, the 55 local commissioner of social services shall file such petition withinA. 2433 8 1 three court days. Upon such filing, a hearing pursuant to section one 2 thousand twenty-seven of this act shall be held forthwith; or 3 (B) if there are no grounds to file a petition pursuant to section one 4 thousand thirty-one of this act, the court shall hold a best interests 5 hearing as to whether it is in the best interests of the child to return 6 the child to his or her home or to continue the custody of the child 7 with the local commissioner of social services. Except for good cause 8 shown such hearing shall commence within three court days. The custody 9 of the child with the local commissioner of social services shall 10 continue pending the result of the best interests hearing; 11 (ii) if the child is free for adoption, the court shall also vacate 12 the order committing guardianship and custody of the child. 13 § 11. Section 352 of the social services law is amended by adding a 14 new subdivision 4 to read as follows: 15 4. The provisions of this section shall not apply to the parents of an 16 abandoned infant as defined in subdivision (l) of section one thousand 17 twelve of the family court act and section three hundred ninety-two-a of 18 this chapter. 19 § 12. Subdivision 1 of section 352-a of the social services law is 20 amended by adding a new paragraph (g) to read as follows: 21 (g) the provisions of this section shall not apply to the parents of 22 an abandoned infant as defined in subdivision (l) of section one thou- 23 sand twelve of the family court act and section three hundred ninety- 24 two-a of this chapter. 25 § 13. Subdivision 2 of section 371 of the social services law, as 26 amended by chapter 666 of the laws of 1976, is amended and a new subdi- 27 vision 2-a is added to read as follows: 28 2. "Abandoned child" means a child under the age of eighteen years who 29 is abandoned by both parents, or by the parent having [its] his or her 30 custody, or by any other person or persons lawfully charged with [its] 31 his or her care or custody, in accordance with the definition and other 32 criteria set forth in subdivision five of section three hundred eighty- 33 four-b of this title; 34 2-a. "Abandoned infant" means a child as defined in subdivision (l) of 35 section one thousand twelve of the family court act and section three 36 hundred ninety-two-a of this title; 37 § 14. Paragraph (ii) of subdivision 4-a of section 371 of the social 38 services law, as added by chapter 782 of the laws of 1971, is amended to 39 read as follows: 40 (ii) who has been abandoned by his or her parents or other person 41 legally responsible for his or her care, including an abandoned child as 42 defined in subdivision two or an abandoned infant as defined in subdivi- 43 sion two-a of this section. 44 § 15. The opening paragraph and paragraphs (b), (c) and (d) of subdi- 45 vision 1 of section 372 of the social services law are amended to read 46 as follows: 47 Every court, and every public board, commission, institution, or offi- 48 cer having powers or charged with duties in relation to abandoned chil- 49 dren, including abandoned infants, delinquent, destitute, neglected or 50 dependent children who shall receive, accept or commit any child shall 51 provide and keep a record showing: 52 (b) his or her sex and date and place of birth, if ascertainable, or 53 his or her apparent age and in the case of an abandoned infant as 54 defined in subdivision two-a of section three hundred seventy-one of 55 this title, the affidavit or other official record of the determination 56 of a qualified health care practitioner, licensed or certified underA. 2433 9 1 title eight of the education law, acting within his or her lawful scope 2 of practice attesting that the child was thirty days old or younger at 3 the time of abandonment and the date of birth of the child, to a reason- 4 able degree of medical certainty, 5 (c) the full and true names and places of birth of his or her parents, 6 and their actual residence if living, or their latest known residence, 7 if deceased or whereabouts unknown and the name and actual residence of 8 any other person having custody of the child, as nearly as the same can 9 reasonably be ascertained, and in the case of an abandoned infant as 10 defined in subdivision two-a of section three hundred seventy-one of 11 this title, a certified copy of the court order determining that the 12 child was an abandoned infant pursuant to section one thousand fifty- 13 one-a of the family court act, 14 (d) the religious faith of the parents and of the child, if known, 15 § 16. Paragraph (e) of subdivision 3 of section 384-b of the social 16 services law, as amended by section 55 of part A of chapter 3 of the 17 laws of 2005, is amended to read as follows: 18 (e) (i) A proceeding under this section is originated by a petition on 19 notice served upon the child's parent or parents, the attorney for the 20 child's parent or parents and upon such other persons as the court may 21 in its discretion prescribe. Such notice shall inform the parents and 22 such other persons that the proceeding may result in an order freeing 23 the child for adoption without the consent of or notice to the parents 24 or such other persons. Such notice also shall inform the parents and 25 such other persons of their right to the assistance of counsel, includ- 26 ing any right they may have to have counsel assigned by the court in any 27 case where they are financially unable to obtain counsel. The petition 28 shall set forth the names and last known addresses of all persons 29 required to be given notice of the proceeding, pursuant to this section 30 and section three hundred eighty-four-c of this title, and there shall 31 be shown by the petition or by affidavit or other proof satisfactory to 32 the court that there are no persons other than those set forth in the 33 petition who are entitled to notice pursuant to the provisions of this 34 section or of section three hundred eighty-four-c of this title. When 35 the proceeding is initiated in family court service of the petition and 36 other process shall be made in accordance with the provisions of section 37 six hundred seventeen of the family court act, and when the proceeding 38 is initiated in surrogate's court, service shall be made in accordance 39 with the provisions of section three hundred seven of the surrogate's 40 court procedure act. When the proceeding is initiated on the grounds of 41 abandonment of a child less than one year of age at the time of the 42 transfer of the care and custody of such child to a local social 43 services official, the court shall take judicial notice of efforts to 44 locate the child's parents or other known relatives or other persons 45 legally responsible pursuant to paragraph (ii) of subdivision (b) of 46 section one thousand fifty-five of the family court act. The provisions 47 of this paragraph shall not apply to a child determined to be an aban- 48 doned infant as defined in subdivision two-a of section three hundred 49 seventy-one of this title. 50 (ii) If the identity of the parents of the child is unknown, and the 51 child has been found to be an abandoned infant pursuant to subdivision 52 (l) of section one thousand twelve or section one thousand thirty-one-a 53 of the family court act, the court upon receipt of the petition shall 54 require the local commissioner to cause notice to be published in 55 accordance with the provisions of rule three hundred sixteen of theA. 2433 10 1 civil practice law and rules in the county in which such child was 2 found, for a period of at least thirty days. The notice shall state: 3 (A) the date, time and purpose of the proceeding; 4 (B) the date, time and place that the abandoned newborn infant was 5 found; 6 (C) a description of the infant including its approximate date of 7 birth; 8 (D) that upon failure to appear, all parental rights of the parents of 9 such abandoned newborn infant may be terminated; 10 (E) that a parent's failure to appear shall constitute a denial of his 11 or her interest in the child, which denial may result, without further 12 notice, in the commitment of the custody and guardianship of the child 13 to the local commissioner of social services and in the child's 14 adoption; and 15 (F) the name, address, and telephone number of the person designated 16 by the local commissioner to contact for information regarding such 17 child. 18 (iii) At any time prior to or subsequent to the entry of an order 19 committing the guardianship and custody of the child pursuant to this 20 section but not later than six months after the initial publication of 21 notice of the proceeding pursuant to section one thousand thirty-one-a 22 of the family court act, if the maternity or paternity of a person 23 claiming to be the mother or father of the infant is confirmed by a test 24 to be conducted to confirm maternity or paternity, the proceeding shall 25 be stayed pending an investigation pursuant to subdivision one of 26 section one thousand thirty-four of the family court act. Within three 27 court days of the completion of the investigation, 28 (A) if there are grounds pursuant to subdivision (e) or (f) of section 29 one thousand twelve of the family court act to file a petition to deter- 30 mine abuse or neglect pursuant to section one thousand thirty-one of the 31 family court act, the local commissioner of social services shall file 32 such petition, or 33 (B) if there are no such grounds, the court shall hold a hearing as to 34 the best interests of the child. 35 (iv) The custody of the child with the local commissioner of social 36 services shall continue pending the result of the best interests hear- 37 ing. 38 (v) If the child is free for adoption, the court shall vacate the 39 order committing guardianship and custody of the child. 40 § 17. Subparagraph (iii) of paragraph (l) of subdivision 3 of section 41 384-b of the social services law, as amended by chapter 145 of the laws 42 of 2000, is amended and a new subparagraph (vi) is added to read as 43 follows: 44 (iii) For the purposes of this paragraph, the date of the child's 45 entry into foster care is the earlier of sixty days after the date on 46 which the child was removed from the home or the date the child was 47 found by a court to be an abandoned infant, or an abused or neglected 48 child pursuant to article ten of the family court act. 49 (vi) For the purposes of this paragraph, a petition for termination of 50 parental rights shall be filed within sixty days after a court's deter- 51 mination that the child is an abandoned infant pursuant to section one 52 thousand fifty-one-a of the family court act. 53 § 18. Paragraphs (d) and (e) of subdivision 4 of section 384-b of the 54 social services law, paragraph (d) as amended by chapter 739 of the laws 55 of 1981 and paragraph (e) as amended by section 56 of part A of chapterA. 2433 11 1 3 of the laws of 2005, are amended and a new paragraph (f) is added to 2 read as follows: 3 (d) The child is a permanently neglected child; [or] 4 (e) The parent or parents, whose consent to the adoption of the child 5 would otherwise be required in accordance with section one hundred elev- 6 en of the domestic relations law, severely or repeatedly abused such 7 child. Where a court has determined that reasonable efforts to reunite 8 the child with his or her parent are not required, pursuant to the fami- 9 ly court act or this chapter, a petition to terminate parental rights on 10 the ground of severe abuse as set forth in subparagraph (iii) of para- 11 graph (a) of subdivision eight of this section may be filed immediately 12 upon such determination[.]; or 13 (f) The parent or parents abandoned the child when the child was thir- 14 ty days old or younger in a manner that indicated the parent's or 15 parents' intent to wholly relinquish and forgo responsibility for and 16 rights to the care and custody of such child with the intent that the 17 child be safe from physical injury and cared for in an appropriate 18 manner, and such parent or parents, after a period of two months from 19 the date of abandonment, have not communicated with the child or agency 20 regarding the child. 21 § 19. Subdivision 5 of section 384-b of the social services law is 22 amended by adding a new paragraph (c) to read as follows: 23 (c) The provisions of this subdivision shall not apply to an abandoned 24 infant as defined in subdivision two-a of section three hundred seven- 25 ty-one of this title. 26 § 20. The social services law is amended by adding a new section 27 392-a to read as follows: 28 § 392-a. Abandoned infants; special provisions. 1. A child is an 29 "abandoned infant" where a court of competent jurisdiction has deter- 30 mined pursuant to section one thousand fifty-one-a of the family court 31 act that such child is an abandoned infant. 32 2. (a) Notwithstanding any other provision of law, upon notification 33 that an alleged abandoned infant is found within the county or jurisdic- 34 tion, the local commissioner shall: 35 (i) immediately cause a physical examination of the child to be 36 performed by a qualified health care practitioner, licensed or certified 37 under title eight of the education law, acting within his or her lawful 38 scope of practice to determine the health status of the child and the 39 age and date of birth of the child to a reasonable degree of medical 40 certainty. Such health care practitioner shall certify by affidavit or 41 other official record his or her reasonable medical conclusion as to 42 whether the child was thirty days old or younger when abandoned and the 43 child's date of birth. The affidavit or other official record of the 44 determination shall be placed in the infant's records in place of those 45 required by subdivision one of section three hundred seventy-two of this 46 title; and 47 (ii) forthwith commence a proceeding pursuant to section one thousand 48 thirty-one-a of the family court act. 49 (b) Upon assumption of protective custody of a child alleged to be an 50 "abandoned infant" the local commissioner shall: 51 (i) provide necessary services or assistance, including authorizing a 52 qualified health care practitioner, licensed or certified under title 53 eight of the education law, acting within his or her lawful scope of 54 practice or hospital to provide emergency medical treatment or surgical 55 procedures necessary to safeguard the life or health of the child;A. 2433 12 1 (ii) at the time of assumption of custody of the child, at the time of 2 the fact-finding hearing and at the time of the dispositional hearing 3 regarding the petition to commit guardianship and custody of the child 4 to an authorized agency pursuant to section three hundred eighty-four-b 5 of this title, make inquiry of the putative father registry regarding 6 the existence of a notice of intent filed with the registry that may 7 pertain to the child and of local law enforcement officials regarding 8 the existence of a missing person report that may pertain to the child. 9 Notwithstanding any other provision of law, the local commissioner shall 10 not be required to pursue any other efforts to locate the parents or 11 relatives of such child; 12 (iii) publicize: (A) notwithstanding any other provision of law, in an 13 effort to allow a parent or other relative of the child to come forward, 14 the abandonment of the child through local media outlets and specif- 15 ically in the community where the abandonment occurred with the informa- 16 tion regarding the child to be provided at the discretion of the local 17 commissioner, including, but not limited to photos of the child; and (B) 18 the availability of (1) prevention services, personal counseling and 19 support services as contemplated under titles four and four-B of this 20 article; (2) information and referral services, advocacy, counseling and 21 hotline services to victims of domestic violence as contemplated under 22 section four hundred fifty-nine-c of this chapter; and (3) safe place- 23 ment alternatives for newborn infants as provided under this section and 24 section one thousand thirty-one-a of the family court act, including 25 information regarding termination of parental rights and adoption proce- 26 dures and that an abandoned infant is not a neglected child under this 27 chapter or the family court act; and 28 (iv) if the maternity or paternity of a person claiming to be the 29 mother or father of the infant is confirmed by a test to be conducted to 30 confirm maternity or paternity, conduct an investigation pursuant to 31 subdivision one of section one thousand thirty-four of the family court 32 act and if there are no grounds pursuant to subdivision (e) or (f) of 33 section one thousand twelve of the family court act, withdraw the peti- 34 tion to determine whether a child is an abandoned infant pursuant to 35 subdivision (1) of section one thousand twelve of the family court act. 36 If there are grounds pursuant to subdivision (e) and (f) of section one 37 thousand twelve of the family court act, the local commissioner of 38 social services shall file a petition to determine abuse or neglect 39 pursuant to section one thousand thirty-one of the family court act 40 within three court days of the completion of the investigation. 41 § 21. Section 372-g of the social services law, as added by chapter 42 156 of the laws of 2000, is amended to read as follows: 43 § 372-g. Abandoned infant protection program. 1. The office of chil- 44 dren and family services shall develop and implement a public informa- 45 tion program to inform the general public of the provisions of the aban- 46 doned infant protection act and the availability of safe placement 47 alternatives for newborn infants as provided under section three hundred 48 ninety-two-a of this title and section one thousand thirty-one-a of the 49 family court act, including information regarding termination of 50 parental rights and adoption procedures and that an abandoned infant is 51 not a neglected child under this chapter or the family court act. Such 52 public information program shall also inform the general public of the 53 availability of prevention services, personal counseling and support 54 services as contemplated under titles four and four-B of this article, 55 and information and referral services, advocacy, counseling and hotline 56 services to victims of domestic violence as contemplated under sectionA. 2433 13 1 four hundred fifty-nine-c of this chapter. The program may include but 2 not be limited to the following elements: 3 [1.] (a) educational and informational materials in print, audio, 4 video, electronic, or other media; 5 [2.] (b) public service announcements and advertisements; and 6 [3.] (c) establishment of toll-free telephone hotlines to provide 7 information. 8 2. The office of children and family services shall develop and imple- 9 ment the public information program within amounts appropriated or 10 available by the state. 11 § 22. This act shall take effect on the one hundred eightieth day 12 after it shall have become a law.