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NY S06389
Bill
Status
12/30/2022
Primary Sponsor
Jabari Brisport
Click for details
AI Summary
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Expands notice requirements in adoption and termination of parental rights proceedings to include unmarried fathers who have been adjudicated as the father, filed a paternity petition, executed an acknowledgment of parentage, or filed an unrevoked notice of intent to claim parentage prior to the filing of such proceedings.
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Modifies judicial surrender approval procedures by changing the requirement that notice "shall" be given to other persons to permitting judges or surrogates to "may" order notice at their discretion, while removing mandatory notice to persons identified in section 384-c for judicial and extra-judicial surrenders.
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Changes information collection requirements to reference persons who would be entitled to consent to adoption under section 111 of the Domestic Relations Law rather than those entitled to notice under section 384-c.
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Removes requirement that petitions set forth names and addresses of all persons entitled to notice and prove no other entitled persons exist in termination of parental rights and extra-judicial surrender proceedings.
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Repeals subdivision 12 of section 384-b of the Social Services Law and removes references to section 384-b (termination of parental rights) from notice requirements in section 384-c, effectively limiting the scope of that section to other proceedings.
Legislative Description
Relates to non-marital parents in adoption, surrender, and termination of parental rights proceedings in family and surrogate courts in order to ensure that unmarried fathers whose children have been removed by the state and placed into foster care do not lose their parental rights to those children without a full and fair opportunity to a hearing regarding their fitness to care for them.
Last Action
SIGNED CHAP.828
12/30/2022