senate Bill S2094B

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:
A7189B
Versions:
S2094
S2094A
S2094B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1749C, A10218A, S1749C
2009-2010: S2033, S2033

Sponsor Memo

BILL NUMBER:S2094B

TITLE OF BILL: An act to amend the domestic relations law and the
family court act, 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 when an extraordinary circumstance exists. These relatives
must reside within the state and be within the second degree of
consanguinity or affinity to one of the minor child's parents.

Section one also amends Domestic Relations Law section 72(2)(b) to
provide that when a parent proves by a preponderance of the evidence
that acts of domestic violence committed against that parent
contributed to his or her relinquishment of care and control of the
minor child, the court shall find that no extraordinary circumstances
exist.

Section two of the bill amends Family Court Act section 651(b) and (d)
to include petitions for custody of a minor child pursuant to Domestic
Relations Law section 72 made by relatives of the minor child who are
within the second degree of consanguinity or affinity to one of the
minor child's parents within the Family Court's jurisdiction and when
a relative's petition is for the custody of a minor child who has been
placed in care pursuant to Family Court Act Article 10, to require
service of the petition upon the social services official having care
and custody of such child, and the child's attorney.

Section three of the bill provides that 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 the foster
care even though there may be relatives whose homes are available for
placement. At this time, the Domestic Relations Law allows only the
grandparents of a child whose parents have failed to provide for his
or her care due to extraordinary circumstances to petition for custody
of the child. This bill will expand Domestic Relations Law section 72
to allow the close relatives of a child whose parents have failed to


provide care for his or her care due to extraordinary circumstances to
petition for custody.

Petitioning for custody of a child is an affirmative act that is
undertaken by those who care about the child's well-being. Providing a
child's relatives with the opportunity to petition for, and be
granted, custody of the child is in the best interest of the child. A
child who resides in the home of a relative will be afforded the
opportunity to feel safe and loved. The child will develop a sense of
permanence.

These children have a void in their lives from their parents' absence.
They deserve the chance to remain with and to experience life with
relatives who want to be part of their lives and care for them.

LEGISLATIVE HISTORY:

2013: S.2094-A - Passed Senate
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--B
    Cal. No. 285

                       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
  -- recommitted to the Committee on Children and Families in accordance
  with  Senate Rule 6, sec. 8 -- 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 and the family court act,  in
  relation to the standing of certain relatives in custody and guardian-
  ship 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  AFFINITY,  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 thereof, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03868-08-4

S. 2094--B                          2

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-
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. Subdivisions (b) and (d) of section 651 of the family court act,
subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
vision (d) as amended by chapter 41 of the laws of 2010, are amended  to
read as follows:
  (b) When initiated in the family court, the family court has jurisdic-
tion  to  determine,  in  accordance with subdivision one of section two
hundred forty of the domestic relations law and  with  the  same  powers
possessed  by  the  supreme  court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody  or  visitation  of  minors,
including  applications  by a grandparent or grandparents for visitation
or custody rights pursuant to section seventy-two or two  hundred  forty
of  the  domestic  relations  law , OR BY A RELATIVE WHO IS RELATED TO A
PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY  FOR
CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE DOMESTIC RELATIONS
LAW.
  (d)  With respect to applications by a grandparent or grandparents for
visitation or custody rights, made pursuant to  section  seventy-two  or
two hundred forty of the domestic relations law, OR BY A RELATIVE WHO IS
RELATED  TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR
AFFINITY FOR CUSTODY RIGHTS  PURSUANT  TO  SECTION  SEVENTY-TWO  OF  THE
DOMESTIC RELATIONS LAW, with a child remanded or placed in the care of a
person,  official,  agency  or institution pursuant to the provisions of
article ten of this act, the applicant, in  such  manner  as  the  court
shall  prescribe,  shall serve a copy of the application upon the social
services official having care and custody of such child, and the child's
attorney, who shall be afforded an opportunity to be heard thereon.
  S 3. This act shall take effect immediately.

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