Provides for the awarding of custody and guardianship of infants who were abandoned when they were 30 days old or younger

Summary of provisions

Section one amends subdivision (j) of section 1012 of the family court act by amending the definition of "aggravated circumstances" to include where a court has determined a child thirty days or younger was abandoned by a parent with an intent to wholly abandon such child and with the intent that the child be safe from physical injury and cared for in an appropriate manner.

Section two amends subdivision (a) of section 1039-b of the family court act, as added by chapter 7 of the laws of 1999, regarding the filing by the social services official of a motion requesting a finding that reasonable efforts to return an abandoned infant to his or her home are no longer required.

Section three amends the article heading of Article 10-C of the family court act, as added by chapter 605 of the laws of 2011 by including "and abandoned infant proceedings."

Section four amends the opening paragraph of subdivision (a) of section 1092 of the family court act, as amended by chapter 3 of the laws of 2013 to include within the definition of "destitute child" an infant determined to be thirty days of age or younger who has been abandoned by his or her parent with the intent to wholly abandon such infant, and with the intent that the infant be safe from physical injury and cared for in an appropriate manner.

Section five amends subdivisions (f) and (g) of section 1095 of the family court act, as amended by chapter 3 of the laws of 2012 to make applicable the exception of the filing requirements by the social services official of a motion requesting a finding that reasonable efforts to return an abandoned infant to his or her home stated in section 1039-b of the family court act.

Section six amends paragraph (e) as amended by section 56 of part A of chapter 3 of the laws of 2005, and adds a new paragraph (f) that provides that guardianship and custody of such child shall be granted when a parent or parents abandoned a child thirty days old or younger in a manner that indicated the intent of the parent or parents to wholly abandon such child, and where the intent that the child be safe from physical injury and cared for in an appropriate manner, and has

and has remained in foster care for a period of at least 60 days, and continues to be abandoned by his or her parents.

Justification

Currently, all fifty states have laws, often termed Safe Haven or Baby Moses legislation, to protect infants who are safely abandoned. In 2000, New York enacted the Abandoned Infant Protection Act (the Act) in order to allow a person to safely abandon an infant not more than five days old with an appropriate person or in a suitable location without the fear of criminal prosecution. Enacted to prevent infanticides throughout the state, the 2000 Act amended the social services law to require the Office of Children and Family Services (OCFS) to develop and implement a public information program to inform the general public of the new law.

The Act, however, made no changes to the family court act or to the social services law. Therefore, under current law, a local social services district is still required to search for the parents of the abandoned infant and bring them before the court in an abandonment proceeding. This leads to the unintended consequences of parents who fear being identified abandoning their babies in an unsafe manner, leading to injury to, and sometimes the death of, the infants. In addition, while attempts are made to identify the infant's parents, abandoned infants languish in foster care while the filing of a petition to terminate parental rights and to free the infant for adoption is delayed.

This legislation seeks to amend the relevant provisions in social services law and the family court act to provide for the safe and anonymous abandonment of an infant thirty days or younger, increased from five days or younger. In addition, the bill will amend the Destitute Child Proceedings provision of the family court act to incorporate the definition of an abandoned infant into that section. Furthermore, this bill will provide that the local commissioner of social services shall not be required to determine the identity of the person who abandons an infant as provided and to set forth the process that must be taken by local social services districts to proceed with termination of parental rights proceedings and permanency hearings.

It should be noted, however, since the Act was passed, we have learned that attempts at reunification of the parent with the abandoned infant is most often not in the best interest of that infant. Without amending current law, local social services districts will continue to search for the parent who abandons his or her child, causing parents to fear being identified. That fear serves only to discourage a woman from safely abandoning her infant. Additionally, by increasing the age of an infant who is abandoned from five days or younger to thirty days or younger, the legislation provides a parent more time to consider whether to abandon his or her child and also to come forward to establish parental rights should he or she have second thoughts after abandoning the child.

By clarifying that social services districts need not, after procedural safeguards have been met, search for a parent who safely abandons his or her child or reunite the abandoned infant with his or her parent before proceeding with a permanency plan for that infant,

we will better achieve the goal of protecting the safety and welfare of such infants. Moreover, we will encourage women to give birth safely, thereby ensuring the health and safety of the mothers. The Act was enacted to save the lives of unwanted, newborn infants. This legislation furthers the intent of the Act and facilitates its implementation by removing unintended barriers to its use, as well as enables the earlier placement of abandoned infants in a permanent home.

Legislative history

New Bill. Similar to S.5144 of 2014

Fiscal implications

Positive impact on both the state and local social services districts.

Effective date

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