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440.65 Notice to child protective agency of conviction for certain crimes against a child
What Can Child Protective Services Do?
Under applicable laws, child protective services remove the child from the home permanently. The child is processed in the social system and sent to a foster care facility and/or orphanage. The child becomes a ward of the state, and the state becomes legally responsible for the health and welfare of the child.
Can Another Parent Seek Custody of the Child?
If the other parent lived with the defendant, they cannot legally seek custody of the child. The laws prevent the child from returning to the household where they were abused, neglected, or sexually assaulted. If the parent lived with the defendant, the individual condoned the behavior and failed to take action to protect the child. A failure to protect the child from any form of abuse could also deem the other parent at fault as well.
Who Can Seek Custody of the Child?
The opposing biological parent could seek custody if they didn’t live in the same home as the defendant. They also have the right to seek sole custody of the child once the defendant is convicted.
Another biological family member or adult could seek child custody if they live in a separate household. However, state family laws require the individual to file a petition and undergo a home study and interview with a caseworker. The petitioner must provide evidence that shows he or she can support the child financially and provide a safe home for the child.
If custody is granted, additional provisions may apply to prevent access for the defendant to the child. The court can prevent all access to the child or require court-supervised visitation if the opposing parent allows it.
Are Parental Rights Terminated?
Yes, the state will terminate the parental rights to the child in some cases. The circumstances of the offense define whether or not the defendant could seek any rights to the child upon their release. In circumstances in which the child was neglected, the state may not terminate the rights if the parent had an existing addiction to drugs or alcohol and underwent a treatment program during incarceration.
However, if the parent was convicted of child sexual misconduct, sexual assault, or any sexually-based crime involving the child, the state terminates their rights to the child. Once the parental rights are terminated, the defendant cannot hire an attorney upon their release and overturn the ruling.
Registering as a Sex Offender
Defendants who were convicted of a child-related sex crime must register in their area as a sex offender. Under state laws, sex offenders are not allowed to live in areas that are within 500 feet of schools, daycares, parks, or other establishments where children are present frequently. The defendants cannot work in job positions that require them to work with children or to be left alone with a child at any time. Additionally, the laws prohibit any registered sex offender from becoming a foster parent or attempting to adopt a child in the future.
In New York, when a parent is convicted of any crime related to their own child, the state notifies child protective services immediately. Penal Code 440.65 provides child protective services with the notification and gives them the authority to take action to protect the child. To learn more about the law, you can review all New York state penal codes now.