senate Bill S1749

Amended

Relates to the notification of certain relatives prior to the placement of children

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2011
    • REFERRED TO AGING
  • 04 / Jan / 2012
    • REFERRED TO AGING
  • 14 / May / 2012
    • AMEND AND RECOMMIT TO AGING
  • 14 / May / 2012
    • PRINT NUMBER 1749A
  • 30 / May / 2012
    • 1ST REPORT CAL.917
  • 31 / May / 2012
    • AMENDED 1749B
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2012
    • AMENDED ON THIRD READING (T) 1749C
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO JUDICIARY

Summary

Relates to the notification of certain relatives prior to the placement of children.

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Bill Details

Versions:
S1749
S1749A
S1749B
S1749C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Judiciary
Law Section:
Elder Law
Laws Affected:
Amd §202, Eld L; amd §72, Dom Rel L
Versions Introduced in 2009-2010 Legislative Cycle:
S2033

Sponsor Memo

BILL NUMBER:S1749

TITLE OF BILL:
An act
to amend the elder law and the domestic relations
law, in relation to the notification of certain relatives prior to the
placement of children

SUMMARY OF PROVISIONS:

The bill makes the following amendments: Section 1- amends 202 of the
elder law to require the director to monitor kinship placements.
Section 2 - amends section 72 of the domestic relations law, to
include a relative within the third degree of consanguinity as
suitable for emergency placement of a child, if the court makes a
finding of extraordinary circumstances. Also extends the definition
of "extraordinary circumstances" to include a period of less than 245
months during which time the child resided for at least six months
continually with the parent, grandparent, or relative.

JUSTIFICATION:

Too often in our current system, children are placed in foster care
even though there may be relatives whose homes are available for
placement, and where the child can receive a safe and nurturing
environment. This bill will help increase the options for placement
in a manner that allows families to remain intact while reducing
further trauma for children placed in the foster care system.

PRIOR LEGISLATIVE HISTORY:

S.5968 - 2007 - Referred to Rules
S.5968A - 2008 - Referred to Aging
S.2033 - 2010 - Referred to Aging, Third Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1749

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Aging

AN  ACT  to  amend  the  elder  law  and  the domestic relations law, in
  relation to the notification of certain relatives prior to the  place-
  ment of children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 202 of the elder law is amended  by  adding  a  new
subdivision 15 to read as follows:
  15.  TO  MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION SEVENTY-TWO OF
THE DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE  GOVER-
NOR  ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT PROCE-
DURES.
  S 2. Subdivision 2 of section 72 of the  domestic  relations  law,  as
added by chapter 657 of the laws of 2003, is amended to read as follows:
  2.    (a)  Where  a  grandparent or the grandparents of a minor child,
residing within this state, OR THE RELATIVE OF  A  MINOR  CHILD  WHO  IS
RELATED  WITHIN  THE  THIRD  DEGREE OF CONSANGUINITY TO EITHER PARENT OF
SUCH CHILD AND WHO IS RESIDING IN THIS STATE,  can  demonstrate  to  the
satisfaction  of the court the existence of extraordinary circumstances,
such grandparent or grandparents OR RELATIVE of such child may apply  to
the  supreme  court  by commencing a special proceeding or for a writ of
habeas corpus to have such child brought before such court, or may apply
to family court pursuant to  subdivision  (b)  of  section  six  hundred
fifty-one of the family court act; and on the return thereof, the court,
by  order,  after  due notice to the parent or any other person or party
having the care, custody, and control of such child, to be given in such
manner as the court shall prescribe, may make  such  directions  as  the
best  interests  of  the  child may require, for custody rights for such
grandparent or grandparents OR RELATIVE in respect  to  such  child.  An

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-01-1

S. 1749                             2

extended disruption of custody, as such term is defined in this section,
shall constitute an extraordinary circumstance.
  (b)  For the purposes of this section "extended disruption of custody"
shall include, but not be limited to,  a  prolonged  separation  of  the
respondent  parent  and  the  child  for at least twenty-four continuous
months BEFORE THE COMMENCEMENT OF THE PROCEEDING, during which TIME  the
parent  voluntarily  relinquished  care and control of the child and the
child resided in the household of the petitioner grandparent  or  grand-
parents  OR  RELATIVE,  provided,  however, that the court may find that
extraordinary circumstances exist should the prolonged  separation  have
lasted  for  less  than  twenty-four months DURING WHICH TIME PETITIONER
GRANDPARENT OR GRANDPARENTS OR RELATIVE ACTED AS  PERSONS  ACTING  AS  A
PARENT  AS  DEFINED IN SUBDIVISION THIRTEEN OF SECTION SEVENTY-FIVE-A OF
THIS CHAPTER.
  (c) Nothing in this section shall limit  the  ability  of  parties  to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S 3. This act shall take effect immediately.

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