senate Bill S2094A

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

See Assembly Version of this Bill:
A7189A
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, A10218A, S1749C
2009-2010: S2033, S2033

Sponsor Memo

BILL NUMBER:S2094A

TITLE OF BILL: An act to amend the domestic relations law, in
relation to the standing of certain relatives in custody and
guardianship proceedings

PURPOSE:

The purpose of this bill is to afford close relatives of children the
opportunity to petition the court for custody or guardianship of a
minor child when extraordinary circumstances exist.

SUMMARY OF PROVISIONS:

Section one of the bill amends Domestic Relations Law section 72(2)(a)
to provide certain relatives to a parent of a minor child with the
same right as the child's grandparents, which is to petition the court
for custody or guardianship when an extraordinary circumstance exists.
These relatives must reside within the state and be within the second
degree of consanguinity, through marriage or adoption, to one of the
minor child's parents. This bill also amends Domestic Relations Law
section 72(2)(b) to provide that when the parent proves by a
Preponderance of the evidence that acts of domestic violence committed
against the parent contributed to the parent's relinquishment of care
and control of the minor child, the court shall find that no
extraordinary circumstances exist.

Section two of the bill provides that this act shall take effect
immediately.

EXISTING LAW:

Domestic Relations Law section 72(b) currently allows the grandparents
of a minor child to seek custody or guardianship of the child when
extraordinary circumstances exist.

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. This bill will help increase the options for placement in a
manner that allows families to remain intact.

LEGISLATIVE HISTORY:

2012: S.1479-C - Passed Senate
2011: S.1479 - Referred to Aging
2010: S.2033 - 3rd Reading
2009: S.2033 - Referred to Aging
2008: S.5968-A - Referred to Aging
2007: S.5968 - Referred to Rules

FISCAL IMPLICATIONS:

None

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--A
    Cal. No. 360

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sens.  GOLDEN,  AVELLA, GIPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- reported favorably from  said  committee,  ordered  to
  first  and  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  standing
  of certain relatives in custody and guardianship proceedings

  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 SECOND 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03868-03-3

S. 2094--A                          2

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
AND PROVIDED THAT WHERE  THE  PARENT  PROVES  BY  PREPONDERANCE  OF  THE
EVIDENCE  THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE
PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE  COURT
SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST.
  (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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