senate Bill S1749C

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

See Assembly Version of this Bill:
A10218A
Versions:
S1749
S1749A
S1749B
S1749C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง72, Dom Rel L
Versions Introduced in 2009-2010 Legislative Cycle:
S2033, S2033

Sponsor Memo

BILL NUMBER:S1749C

TITLE OF BILL:

An act
to amend the domestic relations
law, in relation to the notification of certain relatives prior to the
placement of children

SUMMARY OF PROVISIONS:

Section 1 - 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.

Section 2 - Effective date.

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--C
    Cal. No. 917

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, AVELLA, DeFRANCISCO, HASSELL-THOMPSON, PARK-
  ER -- read twice and ordered printed, 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 commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report -- ordered to a third reading, amended and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the domestic relations law, in relation to the notifica-
  tion of certain relatives prior to the placement of children

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

  Section 1.  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 RELATIVE WHO IS RELATED TO A PARENT WITH-
IN THE THIRD DEGREE OF CONSANGUINITY OR THROUGH  MARRIAGE  OR  ADOPTION,
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 OR SECTION
SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there-
of,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-10-2

S. 1749--C                          2

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 2. This act shall take effect immediately.

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