senate Bill S1749A

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

Votes

11
0
11
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Aging committee vote details

Sponsor Memo

BILL NUMBER:S1749A

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, who resides within
the state, as suitable for emergency placement of a child, if the court
makes a finding of extraordinary circumstances. Also extends the defi-
nition 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 chil-
dren 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--A

                       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 --
  recommitted to the Committee on Aging in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 16 to read as follows:
  16. 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 THE PARENT OF A MINOR
CHILD WHO IS RELATED TO SUCH PARENT WITHIN THE THIRD DEGREE  OF  CONSAN-
GUINITY  OR  AFFINITY AND WHO IS RESIDING IN THIS STATE, can demonstrate
to the satisfaction of the court the existence of extraordinary  circum-
stances,  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  OR SECTION SIX HUNDRED SIXTY-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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-02-2

S. 1749--A                          2

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 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,  during  which TIME the parent voluntarily relinquished care and
control of the child and the child resided in the household of the peti-
tioner grandparent or grandparents 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.
  (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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