2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
384-C - Notice in certain proceedings to fathers of children born out-of-wedlock.

 
    §  384-c.    Notice in certain proceedings to fathers of children born
  out-of-wedlock.  1.  Notwithstanding any inconsistent provision of  this
  or  any other law, and in addition to the notice requirements of any law
  pertaining to persons other than those specified in subdivision  two  of
  this  section,  notice  as provided herein shall be given to the persons
  specified in subdivision two of this section of any proceeding initiated
  pursuant  to  sections  three  hundred  fifty-eight-a,   three   hundred
  eighty-four,  and three hundred eighty-four-b of this chapter, involving
  a child born out-of-wedlock.  Persons specified in  subdivision  two  of
  this section shall not include any person who has been convicted of rape
  in the first degree involving forcible compulsion, under subdivision one
  of section 130.35 of the penal law, when the child who is the subject of
  the proceeding was conceived as a result of such rape.
    2.    Persons  entitled to notice, pursuant to subdivision one of this
  section, shall include:
    (a) any person adjudicated by a court in this state to be  the  father
  of the child;
    (b) any person adjudicated by a court of another state or territory of
  the  United  States to be the father of the child, when a certified copy
  of the court order has been filed with  the  putative  father  registry,
  pursuant to section three hundred seventy-two-c of this chapter;
    (c)  any  person who has timely filed an unrevoked notice of intent to
  claim  paternity  of  the  child,  pursuant  to  section  three  hundred
  seventy-two-c of this chapter;
    (d) any person who is recorded on the child's birth certificate as the
  child's father;
    (e)  any  person  who  is openly living with the child and the child's
  mother at the time the proceeding is initiated or at the time the  child
  was  placed  in  the  care  of  an authorized agency, and who is holding
  himself out to be the child's father;
    (f)  any person who has been identified as the child's father  by  the
  mother in written, sworn statement;
    (g)    any  person  who  was  married to the child's mother within six
  months subsequent to the birth of the child and prior to  the  execution
  of  a surrender instrument or the initiation of a proceeding pursuant to
  section three hundred eighty-four-b; and
    (h)  any person who has filed with the  putative  father  registry  an
  instrument  acknowledging  paternity  of  the child, pursuant to section
  4-1.2 of the estates, powers and trusts law.
    3. The provisions of this section shall not apply to persons  entitled
  to  notice  pursuant  to  section  one  hundred  eleven  of the domestic
  relations law.  The sole purpose of notice under this section  shall  be
  to  enable  the  person  served  pursuant  to subdivision two to present
  evidence to the court relevant to the best interests of the child.    In
  any  proceeding  brought  upon  the ground specified in paragraph (d) of
  subdivision four of section three hundred eighty-four-b, a person served
  pursuant to this section may appear and present  evidence  only  in  the
  dispositional hearing.
    4.    Notice  under  this  section shall be given at least twenty days
  prior to the proceeding by delivery of a copy of the petition and notice
  to the person.  Upon a showing to the court, by affidavit or  otherwise,
  on  or  before the date of the proceeding or within such further time as
  the court may allow, that personal service cannot  be  effected  at  the
  person's last known address with reasonable effort, notice may be given,
  without  prior  court  order therefor, at least twenty days prior to the
  proceeding by registered or certified mail directed to the person's last
  known address or, where the person has filed a notice of intent to claim
  paternity pursuant  to  section  three  hundred  seventy-two-c,  to  the

  address  last  entered  therein.    Notice  by  publication shall not be
  required to be given to a person entitled  to  notice  pursuant  to  the
  provisions of this section.
    5.    A  person  may  waive  his right to notice under this section by
  written instrument subscribed by him and acknowledged or proved  in  the
  manner  required for the execution of a surrender instrument pursuant to
  section three hundred eighty-four of this chapter.
    6.  The notice given to persons pursuant to this section shall  inform
  them  of  the  time, date, place and purpose of the proceeding and shall
  also apprise such persons that their failure to appear shall  constitute
  a denial of their interest in the child which denial may result, without
  further  notice,  in  the  transfer  or  commitment of the child's care,
  custody or guardianship or in  the  child's  adoption  in  this  or  any
  subsequent  proceeding  in  which  such care, custody or guardianship or
  adoption may be at issue.
    7.  No order of the court in any proceeding pursuant to section  three
  hundred  fifty-eight-a,  three  hundred  eighty-four  or  three  hundred
  eighty-four-b of this chapter or in any subsequent proceeding  involving
  the child's custody, guardianship or adoption shall be vacated, annulled
  or  reversed  upon the application of any person who was properly served
  with notice in accordance with this section but failed to appear, or who
  waived notice pursuant to subdivision five.  Nor shall any order of  the
  court  in  any proceeding involving the child's custody, guardianship or
  adoption be vacated, annulled or reversed upon the  application  of  any
  person  who  was  properly  served  with  notice in accordance with this
  section in any previous proceeding in which the  court  determined  that
  the  transfer or commitment of the child's care, custody or guardianship
  to an authorized agency was in the child's best interests.