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

                                 1173--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families 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  family  court  act, in relation to establishing
  kinship guardianship

  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
1059 to read as follows:
  S 1059. KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS.  WHEN  USED  IN  THIS
SECTION:
  A.  "KINSHIP  FOSTER  CHILD"  SHALL  MEAN A CHILD PLACED WITH A SOCIAL
SERVICES OFFICIAL PURSUANT TO SECTION ONE THOUSAND  FIFTY-FIVE  OF  THIS
PART  WHO  IS  PLACED  EITHER  (I) AS A KINSHIP FOSTER CHILD PURSUANT TO
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II)  AS  A
FOSTER  CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL OR
OTHER AUTHORIZED AGENCY IN THE HOME  OF  A  RELATIVE  WITHIN  THE  THIRD
DEGREE;
  B.  "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS APPROVED
OR CERTIFIED PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
SOCIAL  SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED WITHIN
THE THIRD DEGREE.
  2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
SECTION ONE THOUSAND FIFTY-FIVE OF THIS PART TO HAVE THE KINSHIP  FOSTER
PARENT  APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION SHALL
ALLEGE THAT THE CHILD WAS PLACED, THAT MORE  THAN  FIFTEEN  MONTHS  HAVE
PASSED  SINCE  THE DATE OF THE ORDER PLACING THE CHILD, THAT THE PARENTS

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

                                                           LBD05003-02-4

S. 1173--A                          2

OF THE CHILD ARE PRESENTLY AND FOR  THE  FORESEEABLE  FUTURE  UNABLE  TO
PROVIDE  PROPER  AND  ADEQUATE  CARE  FOR THE CHILD, NOTWITHSTANDING THE
AUTHORIZED AGENCY'S DILIGENT EFFORTS TO  ENCOURAGE  AND  STRENGTHEN  THE
PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO
THE  APPOINTMENT  AND THAT THE CHILD HAS RESIDED WITH THEM FOR MORE THAN
EIGHTEEN MONTHS, AND THAT IT WOULD BE IN THE BEST INTERESTS OF THE CHILD
FOR THE PETITION TO BE GRANTED.
  3. NOTICE.  NOTICE OF THE PETITION AND A COPY OF THE PETITION SHALL BE
SERVED UPON THE SOCIAL SERVICES OFFICIAL WITH WHOM THE CHILD IS  PLACED,
THE  PARENTS  OF THE CHILD, THE KINSHIP FOSTER PARENTS OF THE CHILD, AND
THE LAW GUARDIAN OF THE CHILD, EACH OF WHOM  SHALL  BE  PARTIES  TO  THE
PROCEEDING.
  4.  HEARING AND DETERMINATION. IF THE COURT FINDS THAT THE ELEMENTS OF
THE PETITION HAVE BEEN PROVEN BY A FAIR PREPONDERANCE OF  THE  EVIDENCE,
OR UPON THE CONSENT OF ALL PARTIES, THE COURT SHALL GRANT THE PETITION.
  5.  ORDERS.  AN  ORDER APPOINTING A PERSON AS A KINSHIP GUARDIAN SHALL
AWARD CUSTODY OF THE CHILD TO THE KINSHIP GUARDIAN.  A KINSHIP  GUARDIAN
SHALL  HAVE  THE  SAME  AUTHORITY  AS A PARENT TO CONSENT ON BEHALF OF A
CHILD, EXCEPT THAT A KINSHIP GUARDIAN SHALL NOT CONSENT TO THE  ADOPTION
OR SURRENDER OF A CHILD.
  6.  MAINTENANCE  SUBSIDY.   THE SOCIAL SERVICES OFFICIAL WITH WHOM THE
CHILD WAS PLACED SHALL MAKE MONTHLY PAYMENTS TO THE KINSHIP GUARDIAN  AS
IF THE CHILD HAD BEEN PLACED UNDER SECTIONS FOUR HUNDRED FIFTY-THREE AND
FOUR  HUNDRED  FIFTY-FOUR OF THE SOCIAL SERVICES LAW, AND SUBJECT TO THE
PROCEDURES, LIMITATIONS, AND MINIMUM PAYMENTS OF SUCH SECTIONS.
  7. RIGHTS OF THE PARENTS.  THE APPOINTMENT OF A KINSHIP GUARDIAN SHALL
NOT AFFECT OR IMPAIR THE VISITATION RIGHTS OF A PARENT.
  8. VACATING ORDERS.   A PARENT MAY APPLY FOR  AN  ORDER  VACATING  THE
APPOINTMENT  OF  THE  KINSHIP  GUARDIAN.    THE  COURT  SHALL VACATE THE
APPOINTMENT AND AWARD CUSTODY OF THE CHILD TO THE PARENT UPON A  SHOWING
THAT  THE  PARENT  IS  ABLE  TO PROVIDE PROPER AND ADEQUATE CARE FOR THE
CHILD AND ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
  A. THE KINSHIP GUARDIAN IS UNFIT;
  B. THE KINSHIP GUARDIAN HAS NEGLECTED HIS OR HER DUTIES;
  C. THE KINSHIP  GUARDIAN  IS  UNWILLING  OR  UNABLE  TO  CONTINUE  THE
APPOINTMENT; OR
  D.  THE  RELATIONSHIP BETWEEN THE KINSHIP GUARDIAN AND THE CHILD IS NO
LONGER IN THE BEST INTEREST OF THE CHILD.
  S 2. This act shall take effect April 1, 2015.