New York S 9425: Enacts the family protection act; repealer

Bill Text

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S09425 Summary:

BILL NOS09425 

&nbsp

SAME ASSAME AS A09613-A

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SPONSORBRISPORT

&nbsp

COSPNSRSALAZAR

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MLTSPNSR

&nbsp

Rpld §1089 sub (d) ¶2 sub¶(ix) cl (F), amd Fam Ct Act, generally; amd §§358-a, 383 & 384-b, rpld §384-b sub 3
¶(i), Soc Serv L; amd §111, Dom Rel L

&nbsp

Relates to protecting family relationships to ensure that family ties are not severed unnecessarily or counter to children's best interests.

Go to top S09425 Actions:

BILL NOS09425 

&nbsp

03/11/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS09425 Committee&nbspVotes:

Go to topS09425 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09425 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9425

 IN SENATE

 March 11, 2026
 ___________

 Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and Families

 AN ACT to amend the family court act, the social services law and the
 domestic relations law, in relation to protecting family relationships
 to ensure that family ties are not severed unnecessarily or counter to
 children's best interests; and to repeal certain provisions of the
 family court act and the social services law, in relation thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "family protection act".
 3 § 2. Subparagraphs 4, 5 and 6 of paragraph (c) of subdivision 2 of
 4 section 352.2 of the family court act, as added by chapter 7 of the laws
 5 of 1999, are amended to read as follows:
 6 (4) the parent of such respondent has been convicted of assault in the
 7 second degree as defined in section 120.05, assault in the first degree
 8 as defined in section 120.10 or aggravated assault upon a person less
 9 than eleven years old as defined in section 120.12 of the penal law, and
 10 the commission of one of the foregoing crimes resulted in serious phys-
 11 ical injury to the respondent or another child of the parent; or
 12 (5) the parent of such respondent has been convicted in any other
 13 jurisdiction of an offense which includes all of the essential elements
 14 of any crime specified in subparagraph two, three or four of this para-
 15 graph, and the victim of such offense was the respondent or another
 16 child of the parent[; or
 17 (6) the parental rights of the parent to a sibling of such respondent
 18 have been involuntarily terminated; unless the court determines that
 19 providing reasonable efforts would be in the best interests of the
 20 child, not contrary to the health and safety of the child, and would
 21 likely result in the reunification of the parent and the child in the
 22 foreseeable future. The court shall state such findings in its order].
 23 § 3. The part heading of part 1 of article 6 of the family court act
 24 is amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14117-03-6

 S. 9425 2

 1 PERMANENT TERMINATION OF PARENTAL CUSTODY [BY REASON OF
 2 PERMANENT NEGLECT]
 3 § 4. Section 611 of the family court act, as amended by chapter 666 of
 4 the laws of 1976, is amended to read as follows:
 5 § 611. [Permanently neglected child; purpose] Purpose of part. The
 6 purpose of this part is to provide the procedures for proceedings initi-
 7 ated in family court, pursuant to section three hundred eighty-four-b of
 8 the social services law, for the commitment of the guardianship and
 9 custody of a child upon the ground that the child is an abandoned child
 10 or a permanently neglected child, or upon the ground that the parent is
 11 unable to presently and for the foreseeable future to provide proper and
 12 adequate care for a child by reason of a mental illness or intellectual
 13 disability. As used in this part, the terms "abandoned", "permanently
 14 neglected child", "mental illness", and "intellectual disability" shall
 15 [mean permanently neglected child] have the same meanings as defined in
 16 [subdivision seven of] section three hundred eighty-four-b of the social
 17 services law, and unless the