senate Bill S3896

Authorizes visitation by the parent or custodian of a child in a proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Feb / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Authorizes visitation by the parent or custodian of child in a proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect.

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Bill Details

Versions:
S3896
Legislative Cycle:
2013-2014
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง634, Fam Ct Act

Sponsor Memo

BILL NUMBER:S3896

TITLE OF BILL: An act to amend the family court act, in relation to
visitation by the parent or custodian of a child in a proceeding for
the commitment of the guardianship and custody of a child on the
ground of permanent neglect

PURPOSE: This bill would authorize visitation by the parent or
custodian for the commitment of the guardianship and custody of a
child on the ground of permanent neglect.

SUMMARY OF PROVISIONS:

Section 1 - Amends Section 634 of the family court act, as amended by
chapter 666 of the laws of 1976.

Section 2 - Effective Date

JUSTIFICATION: In June of 2012 a Court of Appeals case Matter of
Hailey ZZ 19 NY3d 422 was decided. In this decision the Court
eliminated from consideration in termination of parental rights the
possibility of post termination visitation between the biological
parents and the child in the absence of consent by the adoptive
parents. It further stated that "it is the legislature that more
appropriately should be called upon to balance the critical social
policy choices and the delicate issues of family relations involved."

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law.

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

                                  3896

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

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

AN ACT to amend the family court act, in relation to visitation  by  the
  parent  or  custodian of a child in a proceeding for the commitment of
  the guardianship and custody of a child on  the  ground  of  permanent
  neglect

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

  Section 1. Section 634 of the family court act, as amended by  chapter
666 of the laws of 1976, is amended to read as follows:
  S 634. Commitment of guardianship and custody; further orders.  1. The
court may enter an order under section six hundred thirty-one committing
the  guardianship  and  custody  of  the child to the petitioner on such
conditions, if any, as it deems proper.
  2. SUCH ORDER MAY INCLUDE THE GRANTING  OF  REASONABLE  AND  REGULARLY
SCHEDULED  VISITATION TO THE PARENT OR CUSTODIAN OF THE CHILD OR VISITA-
TION UNDER THE SUPERVISION OF AN EMPLOYEE OF  A  LOCAL  SOCIAL  SERVICES
DEPARTMENT. THE GRANTING OF VISITATION OR SUPERVISED VISITATION PURSUANT
TO THIS SUBDIVISION SHALL BE BASED SOLELY ON A FINDING THAT SUCH VISITA-
TION  OR  SUPERVISED  VISITATION  IS  IN THE BEST INTEREST OF THE CHILD.
NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE  THE
COURT  TO  GRANT  VISITATION  OR  SUPERVISED VISITATION TO THE PARENT OR
CUSTODIAN.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09307-01-3

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