Bill Text: NY A10181 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the private permanent transfer of physical custody of or the delegation of power over adopted children including the advertisement of adoptive services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-20 - referred to judiciary [A10181 Detail]

Download: New_York-2013-A10181-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10181
                                 I N  A S S E M B L Y
                                    August 20, 2014
                                      ___________
       Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Clark) --
         read once and referred to the Committee on Judiciary
       AN ACT to amend the domestic relations law, in relation to  the  private
         permanent  transfer  of physical custody of or the delegation of power
         over adopted children
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  2  of  the domestic relations law, as amended by
    2  chapter 920 of the laws of 1974, is amended to read as follows:
    3    S 2. Definitions.  1. A "minor" or "infant", as used in this  chapter,
    4  is a person under the age of eighteen years.
    5    2.  A  "RELATIVE", AS USED IN THIS CHAPTER, SHALL MEAN A PARENT, STEP-
    6  PARENT,  BROTHER,   SISTER,   STEPBROTHER,   STEPSISTER,   HALF-BROTHER,
    7  HALF-SISTER, BROTHER-IN-LAW, SISTER-IN-LAW, FIRST COUSIN, SECOND COUSIN,
    8  NEPHEW,  NIECE,  UNCLE,  AUNT, STEP UNCLE, STEP AUNT, OR ANY PERSON OF A
    9  PRECEDING GENERATION AS DENOTED  BY  THE  PREFIX  OF  GRAND,  GREAT,  OR
   10  GREAT-GREAT,  WHETHER  BY  BLOOD,  MARRIAGE,  OR  LEGAL ADOPTION, OR THE
   11  SPOUSE OF ANY PERSON NAMED IN THIS SUBDIVISION, EVEN IF THE MARRIAGE  IS
   12  TERMINATED BY DEATH OR DIVORCE.
   13    S  2.  Subdivision  1  of section 115 of the domestic relations law is
   14  amended by adding a new paragraph (d) to read as follows:
   15    (D) NO PERSON SHALL ADVERTISE BY ANY  PUBLIC  MEDIUM  THAT  ORIGINATES
   16  WITHIN  THIS  STATE,  INCLUDING BY NEWSPAPER, PERIODICAL, TELEPHONE BOOK
   17  LISTINGS, OUTDOOR ADVERTISING SIGN, RADIO OR TELEVISION, THAT THE PERSON
   18  WILL FIND AN ADOPTIVE HOME OR ANY OTHER PERMANENT PHYSICAL PLACEMENT FOR
   19  A CHILD OR ARRANGE FOR OR ASSIST IN THE ADOPTION, ADOPTIVE PLACEMENT, OR
   20  ANY OTHER PERMANENT PHYSICAL PLACEMENT OF A CHILD.
   21    S 3. Section 115 of the domestic relations law is amended by adding  a
   22  new subdivision 14 to read as follows:
   23    14.   ANY   PERSON   NOT   AUTHORIZED   UNDER  SECTION  THREE  HUNDRED
   24  SEVENTY-FOUR-A OF THE SOCIAL SERVICES LAW OR  APPROVED  BY  A  COURT  OF
   25  COMPETENT  JURISDICTION,  WHO  SENDS AN ADOPTED CHILD OUT OF THIS STATE,
   26  BRINGS AN ADOPTED CHILD INTO THIS STATE, OR CAUSES AN ADOPTED  CHILD  TO
   27  BE  SENT OUT OF THIS STATE OR BROUGHT INTO THIS STATE FOR THE PURPOSE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15661-01-4
       A. 10181                            2
    1  PERMANENTLY TRANSFERRING PHYSICAL CUSTODY OR THE DELEGATION OF POWERS OF
    2  SUCH ADOPTED CHILD FOR MORE THAN A YEAR TO A PERSON WHO IS NOT  A  RELA-
    3  TIVE,  AS  DEFINED  IN  SUBDIVISION  TWO  OF SECTION TWO OF THE DOMESTIC
    4  RELATIONS  LAW,  SHALL  BE FOUND GUILTY OF CHILD ABANDONMENT AND CHARGED
    5  WITH A CLASS E FELONY UNDER SECTION 260.00 OF THE PENAL LAW.
    6    S 4. This act shall take effect immediately.