senate Bill S6116

Amended

Relates to procedures for destitute children; repealer

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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

  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES
  • 09 / Jan / 2012
    • REPORTED AND COMMITTED TO RULES
  • 09 / Jan / 2012
    • ORDERED TO THIRD READING CAL.14
  • 10 / Jan / 2012
    • AMENDED ON THIRD READING 6116A
  • 18 / Jan / 2012
    • SUBSTITUTED BY A8694A

Summary

Relates to procedures for destitute children; relates to kinship guardian assistance payments; clarifies that the court may appoint an attorney for the child in article 10-B proceedings; provides a new definition of "destitute child" to include a child who is in a state of want or suffering, does not fit with the definition of an abused or neglected child under FCA article 10 and is without any parent or caretaker available to sufficiently care for such child due to certain conditions.

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Bill Details

See Assembly Version of this Bill:
A8694
Versions:
S6116
S6116A
Legislative Cycle:
2011-2012
Law Section:
Family Court Act
Laws Affected:
Amd §§249, 262, 1055, 1092, 1093, 1094 & 1095, add §1096, Fam Ct Act; amd §12, Chap of 2011 (as proposed in S.5694A and A.7836A); amd §3, Chap of 2011 (as proposed in S.5745 and A.8339); amd §§371, 384-b, 398 & 398-e, rpld §398 sub 6 ¶(i), Soc Serv L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S6116

TITLE OF BILL:

An act
to amend the family court act, the social services law, a
chapter of the laws of 2011
amending the family court act and the social services law relating to
procedures for destitute children in
the family court, as proposed in legislative bills numbers A.7836-A
and S.5694-A and a chapter of the
laws of 2011 amending the social services law relating to kinship
guardian assistance payments, as
proposed in legislative bills numbers A.8339 and S.5745, in relation
to destitute children; and to
repeal paragraph (i) of subdivision 6 of section 398 of the social
services law relating thereto

PURPOSE OF BILL:

This bill would amend two chapters of the laws of 2011 relating to
destitute children.

SUMMARY OF PROVISIONS:

Section 1 of the bill would clarify that the court may appoint an
attorney for the child in proceedings under Article 10-b of the
Family Court Act ("FCA") for youth up to age twenty-one.

Sections 2 and 3 of the bill would remove references to appointment of
counsel under FCA Articles 10-b and 10-c of FCA § 262(a)(i) and (iv).

Section 4 of the bill would provide for the appointment of counsel for
any parent or caretaker and certain interested adults in proceedings
under Article 10-c if such person is financially eligible.

Section 5 of the bill would amend FCA § 1055 to remove a reference to
destitute children.

Section 6 of the bill would amend the definition of a "destitute
child." Under the new definition, a destitute child would include a
child who is in a state of want or suffering, does not fit within the
definition of an abused or neglected child under Article 10 of the
FCA, and is without any parent or caretaker available to sufficiently
care for him or her due to: the death, incapacity or debilitation of
a parent or caretaker, the inability of the local district to locate
any
parent or caretaker, or because the parent or caretaker is outside of
the state and the local district and been unable to return the child.

Section 7 of the bill would change the term "person legally
responsible" to "caretaker." The term "caretaker" would be defined
to include a person or persons, other than the child's parent, who
has a lawful order of custody or guardianship of the child.


Section 8 of the bill would add a definition of "interested adult."
This definition would include an adult who is not the child's parent
and who, at the relevant time, resided with and had responsibility
for the day-to-day care of the child.

Section 9 of the bill would provide that only a local social services
district may originate a destitute child proceeding. Section nine
would further provide that venue in Article 10-c proceedings is
proper where the child resides or is found, and that the court may
transfer the proceeding to another appropriate venue.

Section 10 of the bill would provide that destitute child petitions
shall contain certain allegations if the information is known by the
local social services district.

Section 11 of the bill would clarify that the court shall require
caretakers and interested adults identified in the petition, and any
person made a party to the action by the court, to be summoned and
served with a copy of the petition.

Sections 12 through 15 of the bill would require the court take the
following actions at the initial appearance on a destitute child
petition: appoint an attorney to represent any parent or caretaker,
or an interested adult who falls within the criteria specified in FCA
§ 262(a)(ix);
determine whether temporary care is necessary to avoid risk to the
child's life or health; and direct the local social services district
to investigate whether there are caretakers or interested adults not
named in the petition.

Section 16 of the bill would provide caretakers and interested adults
from whose care the child was removed with the right to a removal
hearing.

Section 17 of the bill would authorize the court to appoint a person
who has a significant connection to the child as a party to the
proceeding. Section 17 would further authorize the court to, if it
deems appropriate, appoint counsel to an interested adult or another
person made a party to the action if such person is financially
eligible.

Section 18 of the bill would provide that a fact-finding hearing
cannot commence unless all parties are present and have been served
with a copy of the petition; provided that if any party is not
present, the court may proceed if every reasonable effort has been
made to affect service on such person.

Section 19 of the bill would provide that at the conclusion of the
fact-finding hearing the court may amend the allegations to conform
to the proof if no parties object. Section 19 would further provide
that if the court sustains the petition, the disposition for the
destitute child would
be either placement with the local social services district, or the
granting of an order of custody or guardianship to a relative or
other suitable person.


Section 20 of the bill would add a new FCA § 1096 which would specify
the findings the court must make in order to grant an order of
custody or guardianship of a child who is the subject of a pending
destitute child proceeding.

Section 21 of the bill would amend Social Services Law (SSL) § 371(3)
in relation to the definition of "destitute child." This definition
would mirror the definition in FCA § 1092(a).

Section 22 would provide that termination of parental rights
proceedings can be filed against the parents of youth who are placed
into foster care pursuant to FCA Article ten-c.

Section 23 of the bill would specify the services local social
services districts are required to provide to destitute children.

Section 24 of the bill would clarify that local social services
districts are only required to place children who are in their care
and custody, or custody and guardianship in foster homes or other
residential settings.

Section 25 of the bill would repeal a defunct section of law which
restricts a local district's ability to place destitute children who
are not between the ages of sixteen or eighteen in foster care or
other residential settings.

Section 26 of the bill would provide that certain aliens are eligible
for foster care services.

Sections 27 and 28 of the bill would amend the effective dates of two
chapters of the laws of 2011, to provide that those acts shall only
take effect upon the approval by the United States Department of
Health and Human Services Administration for Children, Youth and
Families of a New York State title IV-E plan amendment to add
destitute children.

Section 29 of the bill would provide for the effective date of this act.

EXISTING LAW:

There are currently no procedures in place for the Family Courts to
place destitute children in the care and custody of social services
districts.

STATEMENT IN SUPPORT:

"Destitute children" are children who are in a state of want and
suffering and are without a person legally responsible for their
care. Examples of destitute children include, but are not limited to,
orphans, refugee children and children whose only known or available
parent, guardian or custodian suffers from dementia, or is in a coma.

Local social services districts are required under the Social Services
Law to provide services and/or care to destitute children. However,
there is currently no mechanism in the law through which local
districts can obtain a court order indicating that a destitute child
is in their care and custody. As a result, local social services


districts often face difficulties in obtaining necessary services for
destitute children, including medical, mental health, immigration or
educational services.

Importantly, lack of court involvement has also meant that local
social services districts cannot obtain federal title IV-e
reimbursement for the services provided to destitute children.

Finally, lack of court oversight deprives destitute children of legal
representation and other due process rights afforded to other foster
youth.

BUDGET IMPLICATIONS:

There would be no state or local cost associated with this bill.
However, this bill would have a positive fiscal impact on counties as
it would allow social services districts to receive federal
reimbursement for approximately fifty percent of the costs of care
for eligible destitute children.

EFFECTIVE DATE:

This act would take effect immediately, provided however that sections
one through twenty-six would take effect upon the approval by the
United States Department of Health and Human Services Administration
for Children, Youth and Families of a New York State title IV-E plan
amendment to add destitute children.

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

                                  6116

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, the social services law, a chapter
  of the laws of 2011 amending the  family  court  act  and  the  social
  services  law  relating  to  procedures  for destitute children in the
  family court, as proposed in legislative bills  numbers  A.7836-A  and
  S.5694-A  and  a  chapter  of  the  laws  of  2011 amending the social
  services law relating to  kinship  guardian  assistance  payments,  as
  proposed  in  legislative bills numbers A.8339 and S.5745, in relation
  to destitute children; and to repeal paragraph (i) of subdivision 6 of
  section 398 of the social services law relating thereto

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

  Section  1. Subdivision (a) of section 249 of the family court act, as
amended by a chapter of the laws of 2011 amending the family  court  act
and  the  social services law relating to procedures for destitute chil-
dren in the family court,  as  proposed  in  legislative  bills  numbers
A.7836-A and S.5694-A, is amended to read as follows:
  (a) In a proceeding under article three, seven, ten, ten-A[, ten-B] or
ten-C  of  this  act  or  where  a  revocation of an adoption consent is
opposed under section one hundred fifteen-b of  the  domestic  relations
law  or  in  any  proceeding  under section three hundred fifty-eight-a,
three hundred eighty-three-c, three hundred eighty-four or three hundred
eighty-four-b of the social services law or when a minor is sought to be
placed in protective custody under section one  hundred  fifty-eight  of
this  act  or  in  any  proceeding  where  a  minor is detained under or
governed by the interstate compact for juveniles established pursuant to
section five hundred one-e of the executive law, the family court  shall
appoint  an  attorney  to  represent  a  minor who is the subject of the
proceeding or who is sought to be placed in protective custody, if inde-
pendent legal representation is not available  to  such  minor.  In  any
proceeding  to extend or continue the placement of a juvenile delinquent
or person in need of  supervision  pursuant  to  section  seven  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13121-07-2

S. 6116                             2

fifty-six or 353.3 of this act or any proceeding to extend or continue a
commitment  to  the  custody of the commissioner of mental health or the
commissioner of  people  with  developmental  disabilities  pursuant  to
section  322.2 of this act, the court shall not permit the respondent to
waive the right to be represented by counsel chosen by  the  respondent,
respondent's  parent,  or  other  person  legally  responsible  for  the
respondent's care, or by assigned counsel.    IN  ANY  PROCEEDING  UNDER
ARTICLE TEN-B OF THIS ACT, THE FAMILY COURT SHALL APPOINT AN ATTORNEY TO
REPRESENT  A  YOUTH,  UNDER THE AGE OF TWENTY-ONE, WHO IS THE SUBJECT OF
THE PROCEEDING, IF INDEPENDENT LEGAL REPRESENTATION IS NOT AVAILABLE  TO
SUCH YOUTH. In any other proceeding in which the court has jurisdiction,
the  court  may appoint an attorney to represent the child, when, in the
opinion of the family court judge, such representation  will  serve  the
purposes  of  this act, if independent legal counsel is not available to
the child. The family court on its own motion may make such appointment.
  S 2. Paragraph (i) of subdivision (a) of section  262  of  the  family
court  act,  as  amended  by  a chapter of the laws of 2011 amending the
family court act and the social services law relating to procedures  for
destitute children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
  (i)  the  respondent in any proceeding under article ten[, article] OR
ten-A [or article ten-C] of this act and the petitioner in any  proceed-
ing under part eight of article ten of this act;
  S  3.  Paragraph  (iv) of subdivision (a) of section 262 of the family
court act, as amended by a chapter of the  laws  of  2011  amending  the
family  court act and the social services law relating to procedures for
destitute children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
  (iv) the parent or [other] person legally responsible, foster  parent,
or  other  person  having  physical or legal custody of the child in any
proceeding under article ten[,] OR ten-A[, ten-B or ten-C] of  this  act
or  section  three  hundred  fifty-eight-a, three hundred eighty-four or
three hundred eighty-four-b of the social services law, and a non-custo-
dial parent or grandparent served with notice pursuant to paragraph  (e)
of  subdivision two of section three hundred eighty-four-a of the social
services law;
  S 4. Subdivision (a) of section 262 of the family court act is amended
by adding a new paragraph (ix) to read as follows:
  (IX) IN A PROCEEDING UNDER ARTICLE TEN-C OF THIS ACT:
  (1) A PARENT OR CARETAKER AS SUCH TERMS ARE  DEFINED  IN  SECTION  ONE
THOUSAND NINETY-TWO OF THIS ACT;
  (2)  AN  INTERESTED ADULT AS SUCH TERM IS DEFINED IN SECTION ONE THOU-
SAND NINETY-TWO OF THIS ACT PROVIDED THAT:
  (A) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD  PURSUANT
TO  ARTICLE  TEN-C  OF THIS ACT WAS REMOVED FROM THE CARE OF SUCH INTER-
ESTED ADULT;
  (B) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD  PURSUANT
TO ARTICLE TEN-C OF THIS ACT RESIDES WITH THE INTERESTED ADULT; OR
  (C)  THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
TO ARTICLE TEN-C OF THIS ACT RESIDED WITH SUCH  INTERESTED  ADULT  IMME-
DIATELY  PRIOR TO THE FILING OF THE PETITION UNDER ARTICLE TEN-C OF THIS
ACT;
  (3) ANY INTERESTED ADULT AS SUCH TERM IS DEFINED IN SECTION ONE  THOU-
SAND  NINETY-TWO  OF  THIS ACT OR ANY PERSON MADE A PARTY TO THE ARTICLE
TEN-C PROCEEDING PURSUANT TO SUBDIVISION (C)  OF  SECTION  ONE  THOUSAND
NINETY-FOUR  OF  THIS  ACT  FOR  WHOM THE COURT ORDERS COUNSEL APPOINTED

S. 6116                             3

PURSUANT TO SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-FOUR OF  THIS
ACT.
  S  5.  Subdivision  (f)  of  section  1055 of the family court act, as
amended by section 18 of part A of chapter 3 of the laws of 2005 and  as
relettered  by  chapter  437  of the laws of 2006, is amended to read as
follows:
  (f) If a child is placed in the custody of the local  commissioner  of
social  services  or  other  officer,  board or department authorized to
receive children as public charges, such person shall provide  for  such
child  as  [in the case of a destitute child or as otherwise] authorized
by law, INCLUDING, BUT NOT LIMITED TO SECTION THREE HUNDRED NINETY-EIGHT
OF THE SOCIAL SERVICES LAW.
  S 6. Subdivision (a) of section 1092 of the family court act, as added
by a chapter of the laws of 2011 amending the family court act  and  the
social services law relating to procedures for destitute children in the
family  court,  as  proposed  in  legislative bills numbers A.7836-A and
S.5694-A, is amended to read as follows:
  (a) "destitute child" shall mean a child UNDER THE AGE OF EIGHTEEN who
is [not subject to article ten of this  act,  is  without  a  parent  or
person legally responsible to sufficiently care for him or her, and  is]
in  a  state of want or suffering due to lack of sufficient food, cloth-
ing, shelter, or medical or surgical care AND:
  (1) DOES NOT FIT WITHIN THE DEFINITION  OF  AN  "ABUSED  CHILD"  OR  A
"NEGLECTED  CHILD"  AS  SUCH  TERMS  ARE DEFINED IN SECTION ONE THOUSAND
TWELVE OF THIS ACT; AND
  (2) IS WITHOUT ANY PARENT OR CARETAKER AVAILABLE TO SUFFICIENTLY  CARE
FOR HIM OR HER, DUE TO:
  (I) THE DEATH OF A PARENT OR CARETAKER; OR
  (II)  THE  INCAPACITY  OR DEBILITATION OF A PARENT OR CARETAKER, WHERE
SUCH INCAPACITY OR DEBILITATION WOULD PREVENT SUCH PARENT  OR  CARETAKER
FROM BEING ABLE TO KNOWINGLY AND VOLUNTARILY ENTER INTO A WRITTEN AGREE-
MENT  TO TRANSFER THE CARE AND CUSTODY OF SAID CHILD PURSUANT TO SECTION
THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW; OR
  (III) THE INABILITY OF THE COMMISSIONER OF SOCIAL SERVICES  TO  LOCATE
ANY PARENT OR CARETAKER, AFTER MAKING REASONABLE EFFORTS TO DO SO; OR
  (IV)  A  PARENT  OR  CARETAKER BEING PHYSICALLY LOCATED OUTSIDE OF THE
STATE OF NEW YORK AND THE COMMISSIONER OF SOCIAL SERVICES IS OR HAS BEEN
UNABLE TO RETURN THE CHILD TO SUCH PARENT OR CARETAKER  WHILE  OR  AFTER
MAKING  REASONABLE  EFFORTS TO DO SO, UNLESS THE LACK OF SUCH EFFORTS IS
OR WAS APPROPRIATE UNDER THE CIRCUMSTANCES.
  S 7. Subdivision (c) of section 1092 of the family court act, as added
by a chapter of the laws of 2011 amending the family court act  and  the
social services law relating to procedures for destitute children in the
family  court,  as  proposed  in  legislative bills numbers A.7836-A and
S.5694-A, is amended to read as follows:
  (c) "[person legally responsible] CARETAKER" shall mean [the custodian
or guardian of the destitute child or any other  adult  responsible  for
the  care of such child at the relevant time] A PERSON OR PERSONS, OTHER
THAN A PARENT OF A CHILD ALLEGED OR ADJUDICATED TO BE A DESTITUTE  CHILD
PURSUANT  TO  THIS  ARTICLE,  WHO POSSESSES A VALID, CURRENT COURT ORDER
PROVIDING HIM OR HER WITH TEMPORARY OR PERMANENT GUARDIANSHIP OR  TEMPO-
RARY OR PERMANENT CUSTODY OF SAID CHILD.
  S  8.  Section  1092 of the family court act, as added by a chapter of
the laws of 2011 amending the family court act and the  social  services
law  relating  to procedures for destitute children in the family court,

S. 6116                             4

as proposed in legislative  bills  numbers  A.7836-A  and  S.5694-A,  is
amended by adding a new subdivision (f) to read as follows:
  (F)  "INTERESTED ADULT" SHALL MEAN A PERSON OR PERSONS OVER THE AGE OF
EIGHTEEN, OTHER THAN A PARENT OR CARETAKER, WHO, AT  THE  RELEVANT  TIME
RESIDED  WITH  AND HAD RESPONSIBILITY FOR THE DAY-TO-DAY CARE OF A CHILD
ALLEGED OR ADJUDICATED TO BE DESTITUTE.
  S 9. Subdivisions (a) and (b) of section 1093 of the family court act,
as added by a chapter of the laws of 2011 amending the family court  act
and  the  social services law relating to procedures for destitute chil-
dren in the family court,  as  proposed  in  legislative  bills  numbers
A.7836-A and S.5694-A, are amended to read as follows:
  (a) Filing of the petition. [A] ONLY A commissioner of social services
may  originate a proceeding under this article.  A PROCEEDING UNDER THIS
ARTICLE MAY BE ORIGINATED by THE filing OF a petition alleging that  the
child is a destitute child as defined by section one thousand ninety-two
of this article. A commissioner of social services, who accepts the care
and  custody of a child appearing to be a destitute child, shall PROVIDE
FOR SUCH CHILD AS AUTHORIZED  BY  LAW,  INCLUDING  BUT  NOT  LIMITED  TO
SECTION THREE HUNDRED NINETY-EIGHT OF THE SOCIAL SERVICES LAW, AND SHALL
file  a  petition  pursuant  to  this  section within fourteen days upon
accepting the care and custody of such child.
  (b) Venue. A petition under this article shall be filed in the  family
court  located in the county where the child resides or is [domiciled or
where the department of social  services  is  located]  FOUND;  PROVIDED
HOWEVER,  THAT  UPON  THE  MOTION  OF  ANY PARTY OR THE ATTORNEY FOR THE
CHILD, THE COURT MAY TRANSFER A PETITION FILED UNDER THIS ARTICLE  TO  A
COUNTY  THE  COURT DEEMS TO BE MORE APPROPRIATE UNDER THE CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, A COUNTY LOCATED  WITHIN  A  JURISDICTION
WHERE THE CHILD IS DOMICILED OR HAS ANOTHER SIGNIFICANT NEXUS.
  S  10.  Paragraphs  1  and 2 of subdivision (c) of section 1093 of the
family court act, as added by a chapter of the laws of 2011 amending the
family court act and the social services law relating to procedures  for
destitute children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, are amended to read as follows:
  (1) The petition shall allege upon information and belief:
  (i)  the  manner,  date  and circumstance under which the child became
known to the petitioner;
  (ii) the child's date of birth, IF KNOWN;
  (iii) that the child is a destitute child as  defined  in  subdivision
(a) of section one thousand ninety-two of this article and the basis for
the allegation;
  (iv)  the  identity of the parent or parents of the child in question,
IF KNOWN;
  (v) whether the parent or parents of the child are living or deceased,
IF KNOWN;
  (vi) the whereabouts and last known address for the parent or parents,
IF KNOWN;
  (vii) THE IDENTITY OF A CARETAKER OR INTERESTED ADULT, IF KNOWN;
  (VIII) the efforts, if any, which were made prior to the filing of the
petition to prevent any removal of the child from the home and  if  such
efforts were not made, the reasons such efforts were not made; and
  [(viii) if the child had been removed from home prior to the filing of
the petition,]
  (IX)  the  efforts, if any, which were made prior to the filing of the
petition to allow the child to return OR REMAIN safely home, and if such
efforts were not made, the reasons such efforts were not made.

S. 6116                             5

  (2) [Unless the parent or parents  are  deceased,  the]  THE  petition
shall  contain a notice in conspicuous print providing that if the child
remains in foster care for fifteen of the most recent twenty-two months,
the agency may be required by  law  to  file  a  petition  to  terminate
parental rights.
  S  11.  Subdivision  (d)  of  section 1093 of the family court act, as
added by a chapter of the laws of 2011 amending the family court act and
the social services law relating to procedures for destitute children in
the family court, as proposed in legislative bills numbers A.7836-A  and
S.5694-A, is amended to read as follows:
  (d)  Service  of summons. (1) Upon the filing of a petition under this
article, if a living parent  [or  person  legally  responsible  for  the
child], CARETAKER OR INTERESTED ADULT is identified in the petition, the
court  shall cause a copy of the petition and a summons to be issued the
same day the petition is filed, requiring such parent [or person legally
responsible for the child], CARETAKER OR INTERESTED ADULT to  appear  in
court  on  the  return date to answer the petition. IF THE COURT DEEMS A
PERSON A PARTY TO THE PROCEEDING PURSUANT TO SUBDIVISION (C) OF  SECTION
ONE  THOUSAND  NINETY-FOUR  OF  THIS  ARTICLE  AND IF SUCH PERSON IS NOT
BEFORE THE COURT, THE COURT SHALL CAUSE A COPY OF  THE  PETITION  AND  A
SUMMONS  REQUIRING  SUCH PERSON TO APPEAR IN COURT ON THE RETURN DATE BE
SERVED ON SUCH PERSON.
  (2) Service of a summons and petition under this article shall be made
by delivery of a true copy thereof to the person summoned at least twen-
ty-four hours before the time stated therein for appearance.
  (3) The court may send process without the state in  the  same  manner
and  with  the same effect as process sent within the state in the exer-
cise of personal jurisdiction over any person subject to  the  jurisdic-
tion  of  the court under section three hundred one or three hundred two
of the civil practice law and rules, notwithstanding that such person is
not a resident or domiciliary of the state.  Where service  is  effected
OUTSIDE  OF THE STATE OF NEW YORK on [an out-of-state respondent and the
respondent] A PARENT, CARETAKER, INTERESTED ADULT OR PERSON MADE A PARTY
TO THE PROCEEDING PURSUANT TO SUBDIVISION (C) OF  SECTION  ONE  THOUSAND
NINETY-FOUR  OF  THIS  ARTICLE  AND  SUCH  PERSON defaults by failing to
appear to answer the petition, the court may on its own motion, or  upon
application  of  any  party  or  the attorney for the child proceed to a
hearing pursuant to section one thousand ninety-five of this article.
  (4) If after reasonable effort, personal  service  is  not  made,  the
court  may  at  any stage in the proceedings make an order providing for
substituted service in the manner provided for  substituted  service  in
civil process in courts of record.
  S  12.  Paragraph  1  of subdivision (a) of section 1094 of the family
court act, as added by a chapter of the laws of 2011 amending the family
court act and the social services law relating to procedures for  desti-
tute  children  in  the  family  court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
  (1) appoint an attorney to represent  the  child  IN  ACCORDANCE  WITH
SECTION TWO HUNDRED FORTY-NINE OF THIS ACT, and[, if entering an appear-
ance  at  the initial appearance or thereafter, the parent or parents or
other person or persons legally responsible;]  APPOINT  AN  ATTORNEY  TO
REPRESENT  A  PARENT,  CARETAKER  OR INTERESTED ADULT IN ACCORDANCE WITH
PARAGRAPH (IX) OF SUBDIVISION (A) OF SECTION TWO  HUNDRED  SIXTY-TWO  OF
THIS ACT, IF HE OR SHE IS FINANCIALLY UNABLE TO OBTAIN COUNSEL;
  S  13. Subparagraphs (i) and (ii) of paragraph 2 of subdivision (a) of
section 1094 of the family court act, as added by a chapter of the  laws

S. 6116                             6

of 2011 amending the family court act and the social services law relat-
ing  to  procedures  for  destitute  children  in  the  family court, as
proposed in legislative bills numbers A.7836-A and S.5694-A, are amended
to read as follows:
  (i)  if  [a] ANY parent [or parents or other person or persons legally
responsible, CARETAKER OR INTERESTED ADULT enters an appearance,  deter-
mine  whether the child may safely remain in OR RETURN TO his or her [or
their] home and, if appropriate, order services  to  assist  the  family
toward that end; PROVIDED HOWEVER, THAT SUCH ORDER SHALL NOT INCLUDE THE
PROVISION OF ANY SERVICE OR ASSISTANCE TO THE CHILD AND HIS OR HER FAMI-
LY  WHICH IS NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT TO
THE COMPREHENSIVE ANNUAL SERVICES PROGRAM PLAN THEN IN EFFECT;
  (ii) determine whether [removal] TEMPORARY CARE is necessary to  avoid
[imminent]  risk  to  the child's life or health and whether it would be
contrary to the welfare of the child to continue in, OR RETURN TO his or
her own home, and, if so, whether the child  should  be  placed  in  the
temporary  care and custody of a relative or other suitable person or in
the temporary care and custody of the commissioner of social services;
  S 14. Clause (A) of subparagraph (iii) of paragraph 2  of  subdivision
(a)  of  section  1094 of the family court act, as added by a chapter of
the laws of 2011 amending the family court act and the  social  services
law  relating  to procedures for destitute children in the family court,
as proposed in legislative  bills  numbers  A.7836-A  and  S.5694-A,  is
amended to read as follows:
  (A) direct the petitioner to investigate whether there are any parents
[or  other persons legally responsible], CARETAKERS OR INTERESTED ADULTS
not named in the petition or  any  other  relatives  or  other  suitable
persons  with  whom  the  child may safely reside and, if so, direct the
child to reside temporarily in their care; and
  S 15. Paragraph 4 of subdivision (a) of section  1094  of  the  family
court act, as added by a chapter of the laws of 2011 amending the family
court  act and the social services law relating to procedures for desti-
tute children in the family court,  as  proposed  in  legislative  bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
  (4) determine whether reasonable efforts were made prior to the place-
ment  of the child into foster care to prevent or eliminate the need for
removal of the child from his or her home, and if such efforts were  not
made whether the lack of such efforts were appropriate under the circum-
stances;  determine,  where appropriate, if reasonable efforts were made
to make it possible for the child to REMAIN IN OR  return  safely  home;
and
  S  16.  Subdivision  (b)  of  section 1094 of the family court act, as
added by a chapter of the laws of 2011 amending the family court act and
the social services law relating to procedures for destitute children in
the family court, as proposed in legislative bills numbers A. 7836-A and
S.  5694-A, is amended to read as follows:
  (b) [Unless there has been a hearing under  subdivision  (a)  of  this
section  at  which  the parent or parents and child's attorney appeared,
the] (1) ANY parent [or parents of the child] OR  CARETAKER,  OR  INTER-
ESTED  ADULT  FROM WHOSE CARE THE CHILD HAS BEEN REMOVED, or the child's
attorney may request a hearing to determine whether a child who has been
removed from his or her home should be  returned  and,  if  so,  whether
services  should be ordered to facilitate such return; PROVIDED HOWEVER,
THAT SUCH ORDER SHALL NOT  INCLUDE  THE  PROVISION  OF  ANY  SERVICE  OR
ASSISTANCE TO THE CHILD AND HIS OR HER FAMILY WHICH IS NOT AUTHORIZED OR
REQUIRED  TO  BE  MADE  AVAILABLE  PURSUANT  TO THE COMPREHENSIVE ANNUAL

S. 6116                             7

SERVICES PROGRAM PLAN THEN IN EFFECT. Except for good cause  shown,  the
hearing  shall  be held within three court days of the request and shall
not be adjourned. The court shall grant the application  for  return  of
the  child  unless it finds that the return presents an imminent risk to
the child's life or health.  If imminent risk to the child is found, the
court may make orders in accordance with paragraph  two  of  subdivision
(a)  of  this  section,  including,  but  not limited to, directions for
investigations of relatives or other  suitable  persons  with  whom  the
child may safely reside.
  (2) IN DETERMINING WHETHER TEMPORARY REMOVAL OF THE CHILD IS NECESSARY
TO  AVOID  IMMINENT  RISK TO THE CHILD'S LIFE OR HEALTH, THE COURT SHALL
CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION IN THE  CHILD'S
HOME  WOULD  BE  CONTRARY  TO  THE BEST INTERESTS OF THE CHILD AND WHERE
APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE  DATE  OF
THE  HEARING  TO  PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF THE CHILD
FROM THE HOME AND WHERE APPROPRIATE,  WHETHER  REASONABLE  EFFORTS  WERE
MADE  AFTER  REMOVAL  OF  THE CHILD TO MAKE IT POSSIBLE FOR THE CHILD TO
SAFELY RETURN HOME.
  (3) IF THE COURT DETERMINES THAT  REASONABLE  EFFORTS  TO  PREVENT  OR
ELIMINATE  THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE
BUT THAT THE LACK OF SUCH EFFORTS  WAS  APPROPRIATE  UNDER  THE  CIRCUM-
STANCES,  THE COURT ORDER SHALL INCLUDE SUCH A FINDING AND THE BASIS FOR
SUCH FINDING.
  (4) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO ALLOW  A  CHILD
TO  SAFELY  RETURN  HOME  WERE NOT MADE SUBSEQUENT TO THE REMOVAL OF THE
CHILD BUT THAT THE LACK  OF  SUCH  EFFORTS  WAS  APPROPRIATE  UNDER  THE
CIRCUMSTANCES,  THE  COURT  ORDER  SHALL  INCLUDE SUCH A FINDING AND THE
BASIS FOR SUCH FINDING.
  S 17. Section 1094 of the family court act, as added by a  chapter  of
the  laws  of 2011 amending the family court act and the social services
law relating to procedures for destitute children in the  family  court,
as  proposed  in  legislative  bills  numbers  A.7836-A and S.5694-A, is
amended by adding two new subdivisions (c) and (d) to read as follows:
  (C) (1) THE COURT MAY UPON ITS OWN MOTION OR THE MOTION OF ANY PERSON,
DEEM A PERSON NOT NAMED IN THE PETITION WHO HAS A SIGNIFICANT CONNECTION
TO THE CHILD ALLEGED TO BE DESTITUTE, A PARTY TO THE PROCEEDING, IF SUCH
PERSON CONSENTS TO BEING ADDED AS A PARTY, AND SUCH ACTION IS  APPROPRI-
ATE UNDER THE CIRCUMSTANCES.
  (2)  IF  THE COURT DEEMS A PERSON A PARTY PURSUANT TO PARAGRAPH (I) OF
THIS SUBDIVISION AND SUCH PERSON IS NOT  BEFORE  THE  COURT,  THE  COURT
SHALL  CAUSE  A COPY OF THE PETITION AND A SUMMONS REQUIRING SUCH PERSON
TO APPEAR IN COURT ON THE RETURN  DATE  BE  SERVED  ON  SUCH  PERSON  IN
ACCORDANCE  WITH SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-THREE OF
THIS ARTICLE.
  (D) THE COURT MAY, IF IT DEEMS APPROPRIATE,  APPOINT  COUNSEL  FOR  AN
INTERESTED  ADULT  OR  ANOTHER PERSON NAMED AS A PARTY TO THE PROCEEDING
PURSUANT TO SUBDIVISION (C) OF THIS SECTION, IF SUCH ADULT OR PERSON  IS
FINANCIALLY UNABLE TO OBTAIN COUNSEL.
  S 18. Subdivision (a) of section 1095 of the family court act as added
by  a  chapter of the laws of 2011 amending the family court act and the
social services law relating to procedures for destitute children in the
family court, as proposed in  legislative  bills  numbers  A.7836-A  and
S.5694-A, is amended to read as follows:
  (a) No fact finding hearing may commence under this article unless the
court enters a finding[:

S. 6116                             8

  (1)]  that  [the  parent or parents or other person or persons legally
responsible for the child's care is or] ALL PARTIES are present  at  the
hearing and [has or] have been served with a copy of the petition[; or
  (2)], PROVIDED HOWEVER, THAT if [the parent or parents or other person
or  persons  legally responsible for the care of the child] ANY PARTY is
or are living but are not present, that THE COURT MAY PROCEED  IF  every
reasonable  effort has been made to effect service under subdivision (d)
of section one thousand ninety-three of this article.
  S 19. Subdivisions (b), (c), (d), (e), (f) and (g) of section 1095  of
the family court act, as added by a chapter of the laws of 2011 amending
the  family court act and the social services law relating to procedures
for destitute children in the family court, as proposed  in  legislative
bills numbers A.7836-A and S.5694-A, are amended to read as follows:
  (b)  The  court  shall  sustain the petition and make a finding that a
child is destitute if, based upon a preponderance of competent, material
and relevant evidence presented, the court finds that  the  child  meets
the  definition  of a destitute child as described in subdivision (a) of
section one thousand ninety-two of this article. IF THE PROOF  DOES  NOT
CONFORM TO THE SPECIFIC ALLEGATIONS OF THE PETITION, THE COURT MAY AMEND
THE  ALLEGATIONS  TO  CONFORM  TO  THE PROOF IF NO PARTY OBJECTS TO SUCH
CONFORMATION.
  (c) If the court finds that the child does not meet such definition of
a destitute child or that the aid of the  court  is  not  required,  the
court  shall dismiss the petition, AND IF APPLICABLE, RETURN A CHILD WHO
WAS PLACED IN THE TEMPORARY CARE OF THE COMMISSIONER OF SOCIAL  SERVICES
TO ANY PARENT, CARETAKER OR INTERESTED ADULT; provided, however, that if
the  court finds that the child may be in need of protection under arti-
cle ten of this act, the court may request the  commissioner  of  social
services  to conduct a child protective investigation in accordance with
subdivision one of section one thousand thirty-four  of  this  act.  The
court shall state the grounds for any finding under this subdivision.
  (d)  If the court sustains the petition pursuant to subdivision (b) of
this section, it may immediately convene a dispositional hearing or  may
adjourn  the proceeding for further inquiries to be made prior to dispo-
sition PROVIDED HOWEVER, THAT IF A PETITION PURSUANT TO ARTICLE  SIX  OF
THIS  ACT HAS BEEN FILED BY A PERSON OR PERSONS SEEKING CUSTODY OR GUAR-
DIANSHIP OF THE CHILD, OR IF A PETITION PURSUANT TO ARTICLE SEVENTEEN OF
THE SURROGATE'S COURT PROCEDURE ACT SEEKING GUARDIANSHIP  OF  THE  CHILD
HAS  BEEN  FILED,  THE COURT SHALL CONSOLIDATE THE DISPOSITIONAL HEARING
WITH A HEARING UNDER SECTION ONE THOUSAND NINETY-SIX  OF  THIS  ARTICLE,
UNLESS  CONSOLIDATION  WOULD NOT BE APPROPRIATE UNDER THE CIRCUMSTANCES.
IF THE COURT DOES NOT  CONSOLIDATE  SUCH  DISPOSITIONAL  PROCEEDINGS  IT
SHALL  HOLD  THE  DISPOSITIONAL  HEARING  UNDER THIS SECTION IN ABEYANCE
PENDING THE DISPOSITION OF THE PETITION FILED PURSUANT TO ARTICLE SIX OF
THIS ACT OR ARTICLE SEVENTEEN OF THE SURROGATE'S  COURT  PROCEDURE  ACT.
Based upon material and relevant evidence presented at the dispositional
hearing,  the  court  shall  enter  an  order of disposition stating the
grounds for its order and directing one of the following alternatives:
  (1) [releasing the child to his or her  parent  or  parents  or  other
person or persons legally responsible;
  (2)]  placing the child in the care and custody of the commissioner of
social services;
  [(3) placing the child in the care and custody of relatives  or  suit-
able persons;] or
  [(4)] (2) granting an order of custody or guardianship to relatives or
suitable persons pursuant to a petition under article six of this act OR

S. 6116                             9

GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE
SEVENTEEN  OF THE SURROGATE'S COURT PROCEDURE ACT and in accordance with
[the findings required by section one thousand fifty-five-b of this act]
SECTION ONE THOUSAND NINETY-SIX OF THIS ARTICLE.
  (e) If the child has been placed pursuant to [paragraphs two or three]
PARAGRAPH  ONE  of  subdivision  (d)  of  this  section, the court shall
include the following in its order:
  (1) a date certain for the permanency hearing in accordance with para-
graph two of subdivision (a) of section one thousand eighty-nine of this
[article] ACT;
  (2) [unless the child's parent or parents are deceased,] a description
of the plan for the child to visit with his or  her  parent  or  parents
unless contrary to the child's best interests;
  (3) a direction that the child be placed together with or, at minimum,
to  visit  and  have regular communication with, his or her siblings, if
any, unless contrary to the best  interests  of  the  child  and/or  the
siblings;
  (4)  [unless  the child's parent or parents are deceased,] a direction
that the child's parent or parents be notified of any  planning  confer-
ences  to  be held pursuant to subdivision three of section four hundred
nine-e of the social services law, of their right to attend such confer-
ences and to have counsel or another representative  or  companion  with
them;
  (5)  if  the  child is or will be fourteen or older by the date of the
permanency hearing, the services and assistance that may be necessary to
assist the child in learning independent living skills; and
  (6) [unless the child's parent or  parents  are  deceased,]  a  notice
that, if the child remains in foster care for fifteen of the most recent
twenty-two  months, the agency may be required by law to file a petition
to terminate parental rights.
  (f) If the child has been placed pursuant to paragraph [two or  three]
ONE  of subdivision (d) of this section, the provisions of part eight of
article ten of this act shall be applicable.
  (g) If the court makes an order pursuant to  paragraph  one[,  two  or
three]  of  subdivision  (d)  of  this  section, the court may include a
direction for the commissioner of social services to provide or  arrange
for  services  or assistance, LIMITED TO THOSE authorized OR REQUIRED to
be made available under the comprehensive annual services  program  plan
then  in  effect, to ameliorate the conditions that formed the basis for
the fact-finding under this section and, if the child has been  [removed
from  home] PLACED IN THE CARE AND CUSTODY OF THE COMMISSIONER OF SOCIAL
SERVICES, to facilitate [return of the  child]  THE  CHILD'S  PERMANENCY
PLAN.
  S  20. The family court act is amended by adding a new section 1096 to
read as follows:
  S 1096. CUSTODY OR GUARDIANSHIP WITH  RELATIVES  OR  SUITABLE  PERSONS
PURSUANT  TO  ARTICLE SIX OF THIS ACT OR ARTICLE SEVENTEEN OF THE SURRO-
GATE'S COURT PROCEDURE ACT. (A) AT THE  CONCLUSION  OF  A  HEARING  HELD
PURSUANT  TO SECTION ONE THOUSAND NINETY-FIVE OF THIS ARTICLE, THE COURT
MAY ENTER AN ORDER OF DISPOSITION GRANTING CUSTODY  OR  GUARDIANSHIP  OF
THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE SIX OF THIS ACT
OR  GUARDIANSHIP  OF  THE  CHILD  TO A RELATIVE OR SUITABLE PERSON UNDER
ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT IF:
  (1) THE RELATIVE OR SUITABLE PERSON HAS FILED A PETITION  FOR  CUSTODY
OR  GUARDIANSHIP  OF  THE  CHILD  PURSUANT TO ARTICLE SIX OF THIS ACT OR

S. 6116                            10

GUARDIANSHIP OF THE CHILD PURSUANT TO ARTICLE SEVENTEEN  OF  THE  SURRO-
GATE'S COURT PROCEDURE ACT; AND
  (2) THE COURT FINDS THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
TO  THE  RELATIVE  OR  SUITABLE  PERSON  IS IN THE BEST INTERESTS OF THE
CHILD; AND
  (3) THE COURT FINDS THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
TO THE RELATIVE OR SUITABLE PERSON UNDER ARTICLE  SIX  OF  THIS  ACT  OR
GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE
SEVENTEEN  OF THE SURROGATE'S COURT PROCEDURE ACT WILL PROVIDE THE CHILD
WITH A SAFE AND PERMANENT HOME; AND
  (4) ALL PARTIES TO THE  DESTITUTE  CHILD  PROCEEDING  CONSENT  TO  THE
GRANTING  OF  CUSTODY  OR  GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR
ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT; OR
  (5) AFTER A CONSOLIDATED FACT FINDING AND DISPOSITIONAL HEARING ON THE
DESTITUTE CHILD PETITION AND THE PETITION UNDER ARTICLE SIX OF THIS  ACT
OR ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT:
  (I)  IF A PARENT OR PARENTS FAIL TO CONSENT TO THE GRANTING OF CUSTODY
OR GUARDIANSHIP UNDER ARTICLE SIX OF  THIS  ACT  OR  GUARDIANSHIP  UNDER
ARTICLE  SEVENTEEN  OF  THE  SURROGATE'S  COURT PROCEDURE ACT, THE COURT
FINDS THAT EXTRAORDINARY CIRCUMSTANCES EXIST THAT  SUPPORT  GRANTING  AN
ORDER  OF CUSTODY OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR GUAR-
DIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT;
OR
  (II) IF THE PARENT OR PARENTS CONSENT AND A PARTY OTHER THAN A  PARENT
FAILS  TO CONSENT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP UNDER ARTI-
CLE SIX OF THIS ACT OR  GUARDIANSHIP  UNDER  ARTICLE  SEVENTEEN  OF  THE
SURROGATE'S  COURT  PROCEDURE ACT, THE COURT FINDS THAT GRANTING CUSTODY
OR GUARDIANSHIP OF THE CHILD TO THE RELATIVE OR SUITABLE  PERSON  IS  IN
THE BEST INTERESTS OF THE CHILD.
  (B)  AN  ORDER  MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
SHALL SET FORTH THE REQUIRED FINDINGS AS DESCRIBED IN SUBDIVISION (A) OF
THIS SECTION AND SHALL CONSTITUTE THE FINAL DISPOSITION OF THE DESTITUTE
CHILD PROCEEDING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  COURT
SHALL  NOT  ISSUE  AN ORDER OF SUPERVISION NOR MAY THE COURT REQUIRE THE
LOCAL DEPARTMENT OF SOCIAL SERVICES TO PROVIDE SERVICES TO  THE  PARENT,
PARENTS,  CARETAKER OR INTERESTED ADULT WHEN GRANTING CUSTODY OR GUARDI-
ANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT OR GUARDIANSHIP UNDER ARTICLE
SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT UNDER THIS SECTION.
  (C) AS PART OF THE ORDER GRANTING CUSTODY OR GUARDIANSHIP PURSUANT  TO
ARTICLE SIX OF THIS ACT OR GUARDIANSHIP PURSUANT TO ARTICLE SEVENTEEN OF
THE  SURROGATE'S  COURT  PROCEDURE  ACT,  THE COURT MAY REQUIRE THAT THE
LOCAL DEPARTMENT OF SOCIAL SERVICES  AND  THE  ATTORNEY  FOR  THE  CHILD
RECEIVE  NOTICE  OF  AND BE MADE PARTIES TO ANY SUBSEQUENT PROCEEDING TO
MODIFY SUCH ORDER OF CUSTODY OR GUARDIANSHIP.
  (D) AN ORDER ENTERED IN ACCORDANCE WITH THIS  SECTION  SHALL  CONCLUDE
THE COURT'S JURISDICTION OVER THE PROCEEDING HELD PURSUANT TO THIS ARTI-
CLE  AND  THE COURT SHALL NOT MAINTAIN JURISDICTION OVER THE PARTIES FOR
THE PURPOSES OF PERMANENCY HEARINGS HELD PURSUANT TO  ARTICLE  TEN-A  OF
THIS ACT.
  S  21.  Subdivision  3  of  section 371 of the social services law, as
amended by chapter 722 of the laws of 1978, paragraph (d) as amended and
paragraph (e) as added by chapter 342 of the laws of 2010, is amended to
read as follows:
  3. "Destitute child" means [a child who, through  no  neglect  on  the
part of its parent, guardian or custodian, is]:
  (a) [destitute or homeless, or

S. 6116                            11

  (b)]  A  CHILD  UNDER THE AGE OF EIGHTEEN WHO IS in a state of want or
suffering due to lack of sufficient food,  clothing,  [or]  shelter,  or
medical or surgical care[, or]; AND:
  (I)  DOES  NOT  FIT  WITHIN  THE  DEFINITION OF AN "ABUSED CHILD" OR A
"NEGLECTED CHILD" AS SUCH TERMS ARE  DEFINED  IN  SECTION  ONE  THOUSAND
TWELVE OF THE FAMILY COURT ACT; AND
  (II)  IS  WITHOUT  ANY  PARENT OR CARETAKER AS SUCH TERM IS DEFINED IN
SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT  ACT,  AVAILABLE  TO
SUFFICIENTLY CARE FOR HIM OR HER, DUE TO:
  (A) THE DEATH OF A PARENT OR CARETAKER; OR
  (B)  THE  INCAPACITY  OR  DEBILITATION OF A PARENT OR CARETAKER, WHERE
SUCH INCAPACITY OR DEBILITATION WOULD PREVENT SUCH PARENT  OR  CARETAKER
FROM BEING ABLE TO KNOWINGLY AND VOLUNTARILY ENTER INTO A WRITTEN AGREE-
MENT  TO TRANSFER THE CARE AND CUSTODY OF SAID CHILD PURSUANT TO SECTION
THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW; OR
  (C) THE INABILITY OF THE LOCAL SOCIAL SERVICES DISTRICT TO LOCATE  ANY
PARENT OR CARETAKER, AFTER MAKING REASONABLE EFFORTS TO DO SO; OR
  (D)  THE  PARENT  OR CARETAKER BEING PHYSICALLY LOCATED OUTSIDE OF THE
STATE OF NEW YORK AND THE LOCAL SOCIAL SERVICES DISTRICT IS OR HAS  BEEN
UNABLE  TO  RETURN SAID CHILD TO SUCH PARENT OR CARETAKER WHILE OR AFTER
MAKING REASONABLE EFFORTS TO DO SO, UNLESS THE LACK OF SUCH  EFFORTS  IS
OR WAS APPROPRIATE UNDER THE CIRCUMSTANCES;
  [(c)] (B) a [person] CHILD WHO IS under the age of eighteen years [who
is]  AND  absent  from his OR HER legal residence without the consent of
his OR HER parent, legal guardian or custodian[,]; or
  [(d)] (C) a [person] CHILD under the age of eighteen who is without  a
place  of shelter where supervision and care are available[,] WHO IS NOT
OTHERWISE COVERED UNDER PARAGRAPH (A) OF THIS SUBDIVISION; or
  [(e)] (D) A PERSON WHO IS a former foster care youth under the age  of
twenty-one  who was previously placed in the care and custody or custody
and guardianship of the local commissioner of social services  or  other
officer,  board  or  department authorized to receive children as public
charges, and who was discharged from foster care due  to  a  failure  to
consent  to  continuation  in placement, who has returned to foster care
pursuant to section one thousand ninety-one of the family court act.
  S 22. Paragraph (c) of subdivision 3 of section 384-b  of  the  social
services  law,  as amended by chapter 41 of the laws of 2010, is amended
to read as follows:
  (c) Where a child was placed or continued in foster care  pursuant  to
article  ten  [or],  ten-A  OR  TEN-C of the family court act or section
three hundred fifty-eight-a of this chapter,  a  proceeding  under  this
section  shall  be originated in the family court in the county in which
the proceeding pursuant to article ten [or], ten-A OR TEN-C of the fami-
ly court act or section three hundred fifty-eight-a of this chapter  was
last heard and shall be assigned, wherever practicable, to the judge who
last  heard  such  proceeding.  Where multiple proceedings are commenced
under this section concerning a child and one or more siblings or  half-
siblings of such child, placed or continued in foster care with the same
commissioner pursuant to section one thousand fifty-five [or], one thou-
sand  eighty-nine  OR  ONE THOUSAND NINETY-FIVE of the family court act,
all of such proceedings may be commenced jointly in the family court  in
any  county  which last heard a proceeding under article ten [or], ten-A
OR TEN-C of the family court act regarding any of the children  who  are
the  subjects  of the proceedings under this section. In such instances,
the case shall be assigned, wherever practicable, to the judge who  last

S. 6116                            12

presided  over  such  proceeding.  In any other case, a proceeding under
this section, including a proceeding brought in the  surrogate's  court,
shall  be  originated  in  the county where either of the parents of the
child reside at the time of the filing of the petition, if known, or, if
such residence is not known, in the county in which the authorized agen-
cy  has  an  office  for the regular conduct of business or in which the
child resides at the time of the initiation of the  proceeding.  To  the
extent  possible,  the  court shall, when appointing an attorney for the
child, appoint an attorney who has previously represented the child.
  S 23. Subdivision 1 of section 398 of  the  social  services  law,  as
amended  by  a chapter of the laws of 2011 amending the family court act
and the social services law relating to procedures for  destitute  chil-
dren  in  the  family  court,  as  proposed in legislative bills numbers
A.7836-A and S.5694-A, is amended to read as follows:
  1. As to destitute children: [Assume charge of and  provide  care  and
support  for any destitute child who cannot be properly cared for in his
or her home, and if it is necessary for the commissioner to take custody
of the child, file a petition pursuant to section one  thousand  ninety-
three of the family court act]
  (A)  OFFER PREVENTIVE SERVICES IN ACCORDANCE WITH SECTION FOUR HUNDRED
NINE-A OF  THIS  ARTICLE  WHEN  NECESSARY  TO  AVERT  AN  IMPAIRMENT  OR
DISRUPTION  OF A FAMILY WHICH COULD RESULT IN THE PLACEMENT OF THE CHILD
IN FOSTER CARE;
  (B) REPORT TO THE LOCAL CRIMINAL JUSTICE AGENCY AND TO  THE  STATEWIDE
CENTRAL  REGISTER  FOR  MISSING  CHILDREN  AS DESCRIBED IN SECTION EIGHT
HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW SUCH RELEVANT INFORMATION AS
REQUIRED ON A FORM PRESCRIBED BY THE COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES, IN APPROPRIATE INSTANCES; AND
  (C) ASSUME CHARGE OF AND PROVIDE CARE AND SUPPORT FOR ANY CHILD WHO IS
A  DESTITUTE  CHILD  PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE WHO CANNOT BE PROPERLY
CARED FOR IN HIS OR HER HOME, AND IF REQUIRED, PETITION THE FAMILY COURT
TO OBTAIN CUSTODY OF THE CHILD IN ACCORDANCE WITH ARTICLE TEN-C  OF  THE
FAMILY COURT ACT.
  S  24. Subparagraph 1 of paragraph (g) of subdivision 6 of section 398
of the social services law, as amended by chapter 169  of  the  laws  of
1994, is amended to read as follows:
  (1)  Place children IN ITS CARE AND CUSTODY OR ITS CUSTODY AND GUARDI-
ANSHIP, in suitable instances, in family homes,  agency  boarding  homes
[or],  group  homes or institutions under the proper safeguards[,]. SUCH
PLACEMENTS CAN BE MADE either directly, or through an authorized agency,
except that, direct placements in agency boarding homes or  group  homes
may  be  made  by  the  social  services [official] DISTRICT only if the
[department shall have] OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  HAS
authorized [him or her] THE DISTRICT to operate such homes in accordance
with  the  provisions  of  section  three hundred seventy-four-b of this
chapter and only if suitable care is not otherwise available through  an
authorized  agency  under  the  control of persons of the same religious
faith as the child. Where such [official] DISTRICT places a child in  an
agency  boarding  home,  group  home or institution, either directly, or
through an authorized agency, the [official] DISTRICT shall  certify  in
writing to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES, that
such placement was made because it offers the most appropriate and least
restrictive level of care FOR THE CHILD, and, is more appropriate than a
family  foster  home  placement,  or,  that  such placement is necessary
because there are no qualified foster families available [to] WITHIN the

S. 6116                            13

district WHO CAN CARE FOR THE CHILD. If [the number  of]  placements  in
agency  boarding  homes,  group  homes or institutions [because] ARE THE
RESULT of a lack of foster parents [so warrants in any] WITHIN A PARTIC-
ULAR  district,  the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
shall assist such district to recruit and train foster parents.   Place-
ments  shall  be  made only in institutions [located in this state or in
such institutions located in an adjoining state as are maintained  by  a
corporation  organized under the laws of this state and having authority
to maintain an institution for the care of children. However, all place-
ments shall be made in institutions] visited, inspected  and  supervised
in  accordance  with  title  three  of article seven of this chapter and
conducted in conformity with the applicable regulations of the supervis-
ing state agency in accordance with title three of article seven of this
chapter. With the approval of the [department] OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES,  a  social  services district may place a child in its
care and custody or its custody and guardianship in a  federally  funded
job  corps  program and may receive reimbursement for the approved costs
of appropriate program administration and supervision pursuant to a plan
developed by the department and approved by the director of the budget.
  S 25. Paragraph (i) of subdivision 6 of  section  398  of  the  social
services law is REPEALED.
  S  26. Section 398-e of the social services law, as amended by chapter
584 of the laws of 2008, is amended to read as follows:
  S 398-e. Eligibility for protective services,  FOSTER  CARE  SERVICES,
and  residential  services  for  victims of domestic violence. An alien,
including a non-qualified alien, as  determined  by  applicable  federal
statute  and  regulation, is eligible for protective services for adults
and children, FOSTER CARE SERVICES, and residential services for victims
of domestic violence, to the extent such person  is  otherwise  eligible
pursuant  to  this chapter and the regulations of the office of children
and family services and the office of temporary and  disability  assist-
ance.
  S  27. Section 12 of a chapter of the laws of 2011 amending the family
court act and the social services law relating to procedures for  desti-
tute  children  in  the  family  court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
  S 12. This act shall take effect immediately; provided, however,  that
[local  commissioners of social services shall file petitions under this
act within ninety days of such effective date for any destitute child in
their care and custody on such effective date; and]:
  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS  ACT  SHALL  TAKE
EFFECT  UPON  THE APPROVAL BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, ADMINISTRATION FOR CHILDREN, YOUTH  AND  FAMILIES  OF  A
TITLE  IV-E STATE PLAN AMENDMENT TO ADD DESTITUTE CHILDREN, SUBMITTED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (B) PROVIDED THAT THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL
NOTIFY  THE  LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF
THE SUBMISSION AND APPROVAL SET FORTH IN THIS SECTION IN ORDER THAT  THE
COMMISSION  MAY  MAINTAIN  AN ACCURATE AND TIMELY EFFECTIVE DATA BASE OF
THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF
EFFECTUATING THE PROVISIONS OF SECTION 44 OF  THE  LEGISLATIVE  LAW  AND
SECTION 70-B OF THE PUBLIC OFFICERS LAW;
  (C)  provided  further,  that  the  amendments  to  subdivision (a) of
section 249 of the family court act made by  section  two  of  this  act
shall  survive  the  expiration  and  reversion  of  such subdivision as
provided in section 8 of chapter 29 of the laws of 2011, as amended.

S. 6116                            14

  S 28. Section 3 of a chapter of the laws of 2011 amending  the  social
services  law  relating  to  kinship  guardian  assistance  payments  as
proposed in legislative bills numbers A.8339 and S.5745, is  amended  to
read as follows:
  S  3.  This act shall take effect immediately[; provided that sections
one and two of this act shall take effect on the same date  and  in  the
same  manner as a chapter of the laws of 2011, amending the family court
act and the social services law relating  to  procedures  for  destitute
children  in  the  family  court  as proposed in legislative bill number
A.7836A takes effect; provided however if section 4 of part F of chapter
58 of the laws of 2010 shall not have taken effect on or before legisla-
tive bill number A.7836A takes effect, then sections one and two of this
act shall take effect on the same date and in the same  manner  as  such
chapter of the laws of 2010 takes effect; and]:
  (A) PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SECTIONS
ONE  AND  TWO  OF  THIS  ACT  SHALL TAKE EFFECT UPON THE APPROVAL BY THE
UNITED STATES DEPARTMENT OF HEALTH AND  HUMAN  SERVICES,  ADMINISTRATION
FOR CHILDREN, YOUTH AND FAMILIES OF A TITLE IV-E STATE PLAN AMENDMENT TO
ADD  DESTITUTE  CHILDREN, SUBMITTED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES;
  (B) PROVIDED THAT THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL
NOTIFY  THE  LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF
THE SUBMISSION AND APPROVAL SET FORTH IN THIS  SECTION  AND  WHETHER  IN
ORDER  THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE
DATE BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW  YORK  IN
FURTHERANCE OF EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLA-
TIVE LAW AND SECTION 70-B OF THE PUBLIC OFFICERS LAW;
  (C)  provided[,]  further,  that  effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act  on  its effective date are authorized and
directed to be made and completed on or before such effective date.
  S 29. This act shall take effect immediately provided that:
  (a) notwithstanding any provision of law to the contrary sections  one
through  twenty-six  of  this act shall take effect upon the approval by
the United States Department of  Health  and  Human  Services,  Adminis-
tration  for  Children,  Youth  and  Families of a title IV-E state plan
amendment to add destitute children, submitted by the office of children
and family services, the office of children and  family  services  shall
notify  the  legislative bill drafting commission upon the occurrence of
the submission and approval set forth in this section in order that  the
commission  may  maintain  an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of  the  legislative  law  and
section 70-b of the public officers law;
  (b)  effective  immediately,  the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this  act  on
its  effective date are authorized and directed to be made and completed
on or before such effective date; and
  (c) the amendments to subdivision (a) of section  249  of  the  family
court  act  made by section one of this act shall survive the expiration
and reversion of such subdivision as provided in section 8 of chapter 29
of the laws of 2011, as amended.

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