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

                                  4352

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of A. SCARBOROUGH, COLTON, COOK, DenDEKKER -- Multi-
  Sponsored by -- M. of A.  BOYLAND, WEISENBERG, WRIGHT -- read once and
  referred to the Committee on Children and Families

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  notification  of the court, the parties and the attorney
  for the child, when a child protective or foster care agency transfers
  a child from one foster home or other foster care placement to another

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

  Section  1.  The  family  court act is amended by adding a new section
1017-a to read as follows:
  S 1017-A. CHANGE OF PLACEMENT WITHOUT PRIOR COURT APPROVAL. 1.    WHEN
THE  COURT  HAS REMANDED OR PLACED THE CHILD WITH THE LOCAL COMMISSIONER
OF SOCIAL SERVICES IN A PROCEEDING UNDER THIS ARTICLE AND  HAS  DIRECTED
PURSUANT  TO  SUBPARAGRAPH  (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE  THOUSAND  SEVENTEEN  OF
THIS  PART,  OR PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SECTION
ONE THOUSAND FIFTY-FIVE OF THIS CHAPTER, OR PURSUANT TO  CLAUSE  (I)  OF
SUBPARAGRAPH  (VIII)  OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-NINE OF THIS CHAPTER, THAT THE COMMISSIONER  SHALL  HAVE
THE  CHILD  RESIDE  IN A SPECIFIC CERTIFIED OR APPROVED FOSTER HOME, THE
COMMISSIONER MAY NOT CHANGE THE CHILD'S FOSTER  CARE  PLACEMENT  WITHOUT
PRIOR  COURT  APPROVAL  EXCEPT IN THOSE CIRCUMSTANCES SET FORTH IN PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
  2. (A) WHEN THE COURT HAS REMANDED OR PLACED THE CHILD WITH THE  LOCAL
COMMISSIONER  OF  SOCIAL SERVICES IN A PROCEEDING UNDER THIS ARTICLE, OR
EXTENDED SUCH PLACEMENT UNDER ARTICLE TEN-A OF  THIS  CHAPTER,  WITH  NO
DIRECTION THAT THE COMMISSIONER SHALL HAVE THE CHILD RESIDE IN A SPECIF-
IC  CERTIFIED  OR  APPROVED FOSTER HOME, THE COMMISSIONER MAY CHANGE THE
CHILD'S FOSTER CARE PLACEMENT WITHOUT PRIOR COURT APPROVAL,  IN  ACCORD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02675-01-3

              

A. 4352                             2

ANCE  WITH  PARAGRAPHS  (B)  AND  (D) OF THIS SUBDIVISION AND THE SOCIAL
SERVICES LAW AND APPLICABLE REGULATIONS.
  (B)  THE  COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING
THAT A CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY,  BUT  IN  NO  EVENT
LATER  THAN  TEN  DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM HIS OR HER
PRESENT FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,  NOTIFY  THE  COURT,
THE COUNSEL FOR THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE  FOR  THE CARE OF THE CHILD, AND THE ATTORNEY FOR THE CHILD,
BY PHONE, E-MAIL OR FACSIMILE TRANSMISSION, OF THE CHANGE OF  PLACEMENT.
IN  SUCH  NOTICE,  THE COMMISSIONER SHALL PROVIDE THE DATE THE CHANGE OF
PLACEMENT WILL TAKE PLACE, THE REASONS FOR THE CHANGE, AND THE NAME  AND
THE  PHONE NUMBER OF A SOCIAL SERVICES OFFICIAL WHO MAY BE CONTACTED FOR
FURTHER INFORMATION.
  (C) IF TIMELY NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION  IS
NOT  PROVIDED, THE COMMISSIONER MAY NOT CHANGE THE FOSTER CARE PLACEMENT
UNTIL AT LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (D) WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD  BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR  WHEN  THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE CHILD FROM
THE FOSTER HOME, OR WHEN THE COMMISSIONER HAS OBTAINED  THE  CONSENT  OF
THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE CHILD
AND  THE  ATTORNEY  FOR THE CHILD, THE COMMISSIONER MAY REMOVE THE CHILD
WITHOUT COURT APPROVAL REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  AND
WITHOUT  PROVIDING NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
HOWEVER, SUCH NOTICE SHALL BE PROVIDED  AS  SOON  AS  PRACTICABLE  AFTER
REMOVAL.
  3.  WHEN  THE  COMMISSIONER  HAS MADE A DETERMINATION TO DISCHARGE THE
CHILD ON A TRIAL BASIS TO THE CUSTODY OF  THE  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE FOR THE CHILD'S CARE, TIMELY ADVANCE NOTICE MUST BE
PROVIDED TO THE COURT AND THE ATTORNEY FOR THE CHILD IN THE  MANNER  SET
FORTH IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  4. NOTICE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
NEED  NOT  BE PROVIDED WHEN THE COMMISSIONER HAS PREVIOUSLY PROVIDED, ON
THE RECORD DURING THE PROCEEDINGS IN FAMILY COURT, NOTICE OF A CHANGE OF
PLACEMENT, AND THE DATE AND REASONS FOR THE CHANGE.
  S 2. Subdivision 3 of section 358-a of  the  social  services  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  (I) THE ORDER GRANTING THE PETITION OF A SOCIAL SERVICES OFFICIAL
AND APPROVING AN INSTRUMENT EXECUTED PURSUANT TO SECTION  THREE  HUNDRED
EIGHTY-FOUR-A  OF  THIS  CHAPTER  MAY DIRECT THAT THE COMMISSIONER SHALL
HAVE THE CHILD RESIDE IN A SPECIFIC CERTIFIED OR APPROVED  FOSTER  HOME.
IN  THE  EVENT THE COURT SO DIRECTS, THE COMMISSIONER MAY NOT CHANGE THE
CHILD'S PLACEMENT WITHOUT PRIOR COURT APPROVAL EXCEPT IN  THOSE  CIRCUM-
STANCES SET FORTH IN SUBPARAGRAPH (V) OF THIS PARAGRAPH.
  (II)  WHEN  THE COURT HAS NOT SO DIRECTED, THE COMMISSIONER MAY CHANGE
THE CHILD'S PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN  ACCORDANCE  WITH
SUBPARAGRAPHS  (III)  AND  (V)  OF  THIS  PARAGRAPH AND THIS CHAPTER AND
APPLICABLE REGULATIONS.
  (III) THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING
THAT A CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY,  BUT  IN  NO  EVENT
LATER  THAN  TEN  DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM HIS OR HER
PRESENT FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,  NOTIFY  THE  COURT,
THE COUNSEL FOR THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE  FOR  THE  CHILD,  AND THE ATTORNEY FOR THE CHILD, BY PHONE,
E-MAIL OR FACSIMILE TRANSMISSION, OF THE CHANGE OF  PLACEMENT.  IN  SUCH

A. 4352                             3

NOTICE,  THE COMMISSIONER SHALL PROVIDE THE DATE THE CHANGE OF PLACEMENT
WILL TAKE PLACE, THE REASONS FOR THE CHANGE,  AND  THE  NAME  AND  PHONE
NUMBER  OF  A  SOCIAL SERVICES OFFICIAL WHO MAY BE CONTACTED FOR FURTHER
INFORMATION.
  (IV) IF TIMELY NOTICE PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH
IS  NOT PROVIDED, THE COMMISSIONER MAY NOT CHANGE THE PLACEMENT UNTIL AT
LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE  MANNER  SET  FORTH
ABOVE.
  (V)  WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE  CHILD  FROM
THE  FOSTER  HOME,  OR WHEN THE COMMISSIONER HAS OBTAINED THE CONSENT OF
THE PARENT OR OTHER PERSON LEGALLY  RESPONSIBLE  FOR  THE  CARE  OF  THE
CHILD,  AND  THE ATTORNEY FOR THE CHILD, THE COMMISSIONER MAY REMOVE THE
CHILD WITHOUT COURT APPROVAL REQUIRED BY SUBPARAGRAPH (I) OF THIS  PARA-
GRAPH  AND  WITHOUT  PROVIDING  NOTICE PURSUANT TO SUBPARAGRAPH (III) OF
THIS PARAGRAPH. HOWEVER, SUCH NOTICE SHALL BE PROVIDED AS SOON AS  PRAC-
TICABLE AFTER REMOVAL.
  (VI)  WHEN  THE COMMISSIONER HAS MADE A DETERMINATION TO DISCHARGE THE
CHILD ON A TRIAL BASIS TO THE CUSTODY OF  THE  PARENT  OR  OTHER  PERSON
LEGALLY  RESPONSIBLE FOR THE CHILD'S CARE, TIMELY ADVANCE NOTICE MUST BE
PROVIDED TO THE COURT AND THE ATTORNEY FOR THE CHILD IN THE  MANNER  SET
FORTH IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (VII) NOTICE PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH NEED NOT
BE PROVIDED WHEN THE COMMISSIONER HAS PREVIOUSLY PROVIDED, ON THE RECORD
DURING  PROCEEDINGS  IN FAMILY COURT, NOTICE OF A CONTEMPLATED CHANGE OF
PLACEMENT, AND THE DATE AND REASONS FOR THE CHANGE.
  S 3. Subparagraph (viii) of paragraph 2 of subdivision (d) of  section
1089  of  the  family court act is amended by adding a new clause (I) to
read as follows:
  (I) DIRECTING THAT THE COMMISSIONER SHALL HAVE THE CHILD RESIDE  IN  A
SPECIFIC CERTIFIED OR APPROVED FOSTER HOME.
  S 4. The family court act is amended by adding a new section 1090-a to
read as follows:
  S  1090-A.  CHANGE  OF  PLACEMENT  OF CHILDREN WHO HAVE BEEN FREED FOR
ADOPTION. 1. WHEN THE COURT HAS DIRECTED PURSUANT TO ITEM (I) OF  CLAUSE
(B)  OF  SUBPARAGRAPH  (VIII)  OF  PARAGRAPH  TWO  OF SUBDIVISION (D) OF
SECTION ONE THOUSAND EIGHTY-NINE OF  THIS  ARTICLE  THAT  THE  CHILD  BE
PLACED FOR ADOPTION IN THE FOSTER FAMILY HOME WHERE HE OR SHE RESIDES OR
HAS  RESIDED OR WITH ANY OTHER SUITABLE PERSON OR PERSONS, THE AGENCY TO
WHICH GUARDIANSHIP AND CUSTODY HAS BEEN COMMITTED MAY  NOT  CHANGE  SUCH
CHILD'S  FOSTER  CARE  PLACEMENT WITHOUT PRIOR COURT APPROVAL, EXCEPT IN
THOSE CIRCUMSTANCES SET FORTH IN PARAGRAPH (D)  OF  SUBDIVISION  TWO  OF
THIS SECTION.
  2.  (A)  WHEN  THE COURT HAS NOT DIRECTED THAT THE CHILD BE PLACED FOR
ADOPTION IN A SPECIFIC FOSTER HOME, THE AGENCY TO WHICH GUARDIANSHIP AND
CUSTODY HAS BEEN COMMITTED MAY CHANGE THE CHILD'S FOSTER HOME  OR  OTHER
FOSTER  CARE  PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN ACCORDANCE WITH
PARAGRAPHS (B) AND (D) OF THIS SUBDIVISION AND THE SOCIAL  SERVICES  LAW
AND APPLICABLE REGULATIONS.
  (B)  THE AGENCY SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING THAT A
CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY, BUT IN NO EVENT LATER THAN
TEN DAYS PRIOR TO THE REMOVAL OF THE  CHILD  FROM  HIS  OR  HER  PRESENT
FOSTER  HOME  OR  OTHER FOSTER CARE PLACEMENT, NOTIFY THE COURT, AND THE
ATTORNEY FOR THE CHILD, BY PHONE, E-MAIL OR FACSIMILE  TRANSMISSION,  OF
THE  CHANGE  OF  PLACEMENT. IN SUCH NOTICE, THE AGENCY SHALL PROVIDE THE

A. 4352                             4

DATE THE CHANGE OF PLACEMENT  WILL  TAKE  PLACE,  THE  REASONS  FOR  THE
CHANGE,  AND THE NAME AND PHONE NUMBER OF A SOCIAL SERVICES OFFICIAL WHO
MAY BE CONTACTED FOR FURTHER INFORMATION.
  (C)  IF TIMELY NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IS
NOT PROVIDED, THE AGENCY MAY NOT CHANGE THE FOSTER CARE PLACEMENT  UNTIL
AT LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE  CHILD  FROM
THE  FOSTER  HOME,  OR  WHEN  THE AGENCY HAS OBTAINED THE CONSENT OF THE
ATTORNEY FOR THE CHILD, THE AGENCY MAY REMOVE THE  CHILD  WITHOUT  COURT
APPROVAL REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND WITHOUT PROVID-
ING NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.  HOWEVER, SUCH
NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE AFTER REMOVAL.
  (E)  NOTICE  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION NEED NOT BE
PROVIDED WHEN THE AGENCY HAS PREVIOUSLY PROVIDED, ON THE  RECORD  DURING
PROCEEDINGS  IN  FAMILY  COURT, NOTICE OF A CHANGE OF PLACEMENT, AND THE
DATE AND REASONS FOR THE CHANGE.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, 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.