Establishes procedures for the termination of parental rights upon the application of a parent or guardian

BILL NUMBER:S2213

Title of bill

An act to amend the family court act, in relation to establishing procedures for the termination of parental rights upon the application of a parent or guardian

Summary of specific provisions

Section 1 amends the family court act by adding a new article 6A to lay out the procedures for a parent or guardian to terminate parental rights if it is found that the respondent-parent permanently neglected the child.

Section 2 amends the family court act to include the termination of parental rights because of permanent neglect as set forth in article 6-A.

Justification

Single-parent households are becoming the norm in the United States, with 12.2 million as of 2012. In New York State, 34% of households are single parent, and in New York County that figure jumps to 45%. Many single parents struggle to make ends meet, with no help from the absent parent. In essence, absent parents neglect their children and place all of the burden on the single parent.

Raising a child without the support and involvement of the other parent affects many facets of the child's, and the single parent's, life. It may even hinder certain legal processes, like applying for a child's passport, which requires the consent of both parents.

Social service agencies currently have the authority to terminate the legal rights of neglectful parents. Unfortunately, the only legal remedy for the unmarried custodial parent to terminate the rights of the absent parent is to marry or remarry and have the new spouse adopt the child. This approach is antiquated and unacceptable. It is inappropriate to require a responsible single parent to remarry so that he or she can legally prohibit interference from a parent who refuses to maintain involvement in their child's life or to support their child. either financially or emotionally.

This bill is based on the same procedures that social service agencies use to terminate parental rights by extending the same rights to the responsible parent. By applying the same process, this bill provides a mechanism for the custodial parent to legally prevent the irresponsible, absent parent from having decision-making authority. This way, it considers the best interest of the child by granting the decision making to the parent who has been continually responsible for the child. Given the many challenges that single parents face, it is logical that they have the ability to eliminate the nonparticipatory, and potentially harmful, parent from the child's life.

Fiscal impact to the state

Minimal.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.