senate Bill S2094

Amended

Relates to standing of certain relatives in custody and guardianship proceedings

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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

  • 10 / Jan / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 22 / Apr / 2013
    • 1ST REPORT CAL.360
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • AMENDED ON THIRD READING (T) 2094A
  • 04 / Jun / 2013
    • PASSED SENATE
  • 04 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Jun / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 17 / Mar / 2014
    • 1ST REPORT CAL.285
  • 18 / Mar / 2014
    • 2ND REPORT CAL.
  • 19 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 28 / Apr / 2014
    • AMENDED ON THIRD READING (T) 2094B
  • 05 / May / 2014
    • PASSED SENATE
  • 05 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / May / 2014
    • REFERRED TO JUDICIARY

Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

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Bill Details

Versions:
S2094
S2094A
S2094B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง72, Dom Rel L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1749C
2009-2010: S2033

Votes

5
0
5
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Children and Families committee vote details

Sponsor Memo

BILL NUMBER:S2094

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

PURPOSE: The purpose of this bill is to reduce the burden on the
foster care system and to increase the options for the placement of
foster children to stay within their family.

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.

EXISTING LAW:

Section 72 of the domestic relations law.

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 to stew care
system.

LEGISLATIVE HISTORY: S.5968 - 2007 - Referred to Rules S.5968A - 2008
- Referred to Aging S.2033 - 2010 - Referred to Aging, Third Reading
S.1479C of 2011 - Passed Senate 06/18/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2094

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

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

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03868-01-3

S. 2094                             2

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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