Provides for transfer of guardianship and custody of infants abandoned pursuant to the abandoned infant protection act

Summary of provisions

Section One - Section 1012 of the Family Court Act is amended by adding a new subdivision (f-1) to define the term "abandoned infant".

Section Two - Paragraph (ii) of subdivision (f) of section 1012 of the Family Court Act, as amended by Chapter 666 of the Laws of 1976, is amended to not include an "abandoned infant" as defined in subdivision (f-1) of this section.

Section Three - Subdivision (j) of section 1012 of the Family Court Act is amended by declaring that a child that has been declared an abandoned infant pursuant to section ten hundred fifty-one-a of this article falls under the definition of "aggravated circumstances."

Section Four - Section 1042 of the Family Court Act, as amended by section 4 of part B of Chapter 3 of the Laws of 2005, is amended to add unless the child has been declared an abandoned infant pursuant to section one thousand fifty-one-a of this article and the parents have failed to assert a claim of custody within the time period set forth in such section.

Section Five - 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 provide that an abandoned infant, as defined in paragraph (f-1) of section one thousand twelve of this article, shall not be subject to the requirements of subparagraph (a) of this paragraph.

Section Six - The Family Court Act is amended by adding a new section 1031-a to set up procedures to determine whether a child is an abandoned infant within six business days and specifies certain facts surrounding the history and current custody of the child which must he contained in such petition. Appoints a law guardian to represent the interests of any child named in a petition and sets up guidelines which must be followed for proceedings to continue under this section.

Section Seven - The Family Court Act is amended by adding a new section 1051-a to establish guidelines for the court to follow once a petition is either sustained or dismissed. This includes for an established

petition that such child shall be freed for adoption in 50 days, provided no action pursuant to section one thousand sixty-one-a of this article has been commenced. For a petition that is not established, the court must state the grounds for dismissal and refer the matter to the appropriate parties. This section deems that abandonment in the manner prescribed by section 260.03 of the Penal Law shall be presumptive evidence of intent to surrender and relinquish all responsibility for the care of such child.

Section Eight - The Family Court Act is amended by adding a new section 1051-a to set up procedures whereby a custody claim by a parent of an abandoned infant may be initiated at any time prior to the child being freed for adoption. Failure of a parent to assert a claim for custody under this section within the specified time period shall irrevocably free the child for adoption and any alleged parent will lose all rights at the end of the ninety day period without further notice.

Section Nine - Paragraph (e) of subdivision 2 of section III of the Domestic Relations Law, as amended by Chapter 375 of the Laws of 1997, is amended to add a new paragraph (f) is added to provide where such child is determined to be an abandoned infant pursuant to section one thousand thirty-one-a of the Family Court Act.

Section Ten - Effective date shall be 50 days after it has become a law.

Justification

The Abandoned Infant Protection Act of 2000 created a procedure whereby individuals would be protected from prosecution if they place their infant in a "Safe Haven". While the state should be applauded for this effort, it is important that we go another step to make sure these children are placed in permanent, loving, adoptive homes at the earliest convenience rather than lingering in the State's foster care system.

This legislation will give direction to the local social service agencies and the judicial system to process the transfer of guardianship and custody of infants abandoned pursuant to the Abandoned Infant Protection Act forthwith and to allow these babies to be freed for adoption.

Any financial savings to the state due to expedited placement of these children in adoptive homes, stands a distant second to the benefits to society and the child who will reap the blessings of status and permanency in a sound loving environment in the most expedient manner.

Legislative history

2009/2010 - S.1338 - Referred to Children & Families 2007/2008 - S.3828/A.75 - Passed Senate/Assembly, Children & Families 2005/2006 - S.488-A/A.574-A - Passed Senate/Assembly Children & Families 2003/2004 - S.1015 - Passed Senate/Assembly Codes 2001/2002 - S.2683-C - Passed Senate/Assembly Children &

Families/Assembly Rules

Fiscal implications

To be determined.

Effective date

This act shall take effect 60 days after it has becomea law.