senate Bill S5203

Amended

Relates to the treatment of non-respondent parents in child protective, destitute child and permanancy proceedings in family court

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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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  • 14 / May / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 30 / May / 2013
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 30 / May / 2013
    • PRINT NUMBER 5203A
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Relates to the treatment of non-respondent parents in child protective, destitute child and permanency proceedings in family court.

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Bill Details

Versions:
S5203
S5203A
Legislative Cycle:
2013-2014
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally

Sponsor Memo

BILL NUMBER:S5203

TITLE OF BILL: An act to amend the family court act, in relation to
non-respondent parents in child protective, destitute child and
permanency proceedings in family court

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Recent years have witnessed a sea-change in attitudes and policies
concerning the role of non-respondent parents in child abuse and
neglect proceedings under Article 10 of the Family Court Act: viz.,
recognition that the other parents -- those not charged in child
protective proceedings - may, along with their extended families,
provide vital resources for their children. While child protective
officials once ignored or discouraged non-respondent parents from
participating in child protective proceedings concerning their
children, those officials, inspired by substantial statutory changes
during the past decade, now reach out to such parents to engage them
in planning for their children's care. While in the past, this
category was often an absent parent who had little relationship with
the children, more recently, in light of cases, such as Nicholson v.
Scoppetta, 3 N.Y.3d 357 (2004), non-respondent parents frequently
include custodial and other parents, who are involved in their
children's lives but are not deemed culpable in their neglect or
abuse.

As a statute initially drafted before these changes in attitude and
policy, Article 10 of the Family Court Act, not surprisingly, contains
a number of gaps and anomalies with respect to the treatment of
non-respondent parents. This measure seeks to rectify some of the more
obvious shortcomings in Article 10 with respect to non-respondent
parents and to explicitly encourage their greater participation in
abuse or neglect proceedings concerning their children. it also
expands the options available to Family Court judges to enable them to
craft appropriate orders that respect the rights of non-respondent
parents while assuring the safety and well being of the children who
are the subjects of the proceedings.

First, this measure would add definitions of "parent," "relative" and
"suitable person" to Family Court Act § 1012. The definition of
"parent," those legally recognized in New York, clarifies the range of
persons who may assert a parent's superior rights to care and custody
of a child under State and Federal law. See, e.g., Bennett v.
Jeffreys, 40 N.Y.2d 543 (1976)(state may not deprive parent of custody
of child absent extraordinary circumstances); Prince v.
Massachusetts, 321 11.S.158 (1944) ("It is cardinal with us that the
custody, care and nurture of the child reside first in the
parents...").

Second, Family Court Act § 1017 would be amended to clarify that
certain additional individuals should be identified, located and
notified of the pendency of child protective proceedings, although
they do not have the rights of legal parents under State law.
Analogous to the definition of "notice" fathers in Domestic Relations
Law §§ 111-a(2)(f), (g) and (h), this category would include persons


who are listed on the putative father registry, have a pending
paternity petition, were married to the child's parent within six
months after the child's birth or have been identified by the child's
parent in a written sworn statement. To ensure uniformity in the
information provided to those persons entitled to notice, this measure
provides that the content of the notice will be set by court rule.

Inclusion of these clarifications would establish a structure in
Article 10 consistent with the framework applicable to adoption
proceedings under the Domestic Relations Law, but expanded to be
gender-neutral. A "parent" under this measure would be analogous to a
"consent" father, whose consent is required for an adoption, and an
additional individual identified would be analogous to a "notice"
father, who merely has a right to be heard as to the child's best
interests. See Domestic Relations Law §§ 111, 111-a. By doing so, it
also would expand the scope of potential resources for children who
have been removed from their homes, and encourage non-respondent,
non-adjudicated birth fathers to establish their paternity and plan
for their children.

The measure further defines "relative" as a person who is related to
the child by blood, marriage or adoption, but who is not a parent of
the child. This distinction between parents" and "relatives" is
significant as the rights of each to the care and custody of children
are not identical under Article 10 of the Family Court Act. Likewise,
the measure includes "suitable person" in the definition section,
since such an individual has rights distinct from those of parents,
relatives and possible, but not adjudicated, parents.

The measure also deletes the definition of "non-respondent parent"
currently contained in section 1017(1) in light of the proposed
addition of a definition of "parent" in section 1012. It clarifies the
language of that subdivision by referring specifically to
"non-respondent parent, relative or suitable person" as potential
resources a court may consider after determining that a child must be
removed from his or her home. Likewise, section 1017(2)(a)(i) would
specify that, pursuant to a custody petition filed under Article six
of the Family Court Act, a court may grant a temporary order of
custody or guardianship to a non-respondent parent, relative, or
suitable person prior to disposition, or may grant a final order of
custody or guardianship to such person pursuant to section 1055-b at
the dispositional stage.

The measure also would modify section 1017(2)(a)(ii), which currently
provides that upon a determination that the child may reside with a
non-respondent parent or other relative or suitable person, the court
may temporarily release the child directly to the custody of such
person pursuant to Article 10. The measure would clarify the
difference between an order of custody under Article 6 of the Family
Court Act as provided in section 1017(2)(a)(i) and an order of release
of the child under section 1017(2)(a)(ii).

Moreover, section 1017(3) would be amended to require that, where a
child is temporarily released to the custody of a non-respondent
parent, relative or suitable person, the caretaker must submit to the
court's jurisdiction with respect to cooperation in meeting the needs
of the child. An order of temporary release may require such persons,


inter alia, to make the child available for court-ordered visitation
with parents, siblings or others, as well as for appointments with the
child's attorney, child protective agency, social services official,
authorized agency, clinician or other individual or program providing
services to the child. Striking a proper balance between intervention
to ensure the child's well-being and respect for the non-respondent
parent's or other caretaker's interests in minimal interference in
their everyday child-rearing decisions, the measure requires the court
order of release or custody under Article 10 to specify the terms of
such cooperation, as well as to any actions, if any, that the social
services agency must take.*

Third, this measure contains several amendments to sections of Article
10 of the Family Court Act relating to preliminary orders. It would
amend section 1022-a to clarify that a non-respondent parent who
qualifies for assignment of counsel under section 262 is eligible for
such assignment, unless waived, at pre-petition hearings held pursuant
to section 1022. Section 1027(d) would be amended to provide that a
court may release a child to his or her parent or other person legally
responsible for his or her care pending a final order of disposition.
It further deletes the reference to section 1054 as the source of the
court's authority to do this, since that section only addresses
dispositional orders, and instead substitutes a reference to section
1017, which pertains as well to pre-dispositional orders.
Additionally, with the aim of facilitating and encouraging the
participation of non-respondent parents in proceedings regarding their
children, section 1035 would be modified to require that notices of
pendency of child protective proceedings that are sent to
non-respondent parents also must advise them that they have a right to
counsel, including assigned counsel, if they are indigent. See Matter
of Sasha S., 256 A.D.2d 468 (2nd Dept., 1998) (required notice to
non-respondent father of the right to counsel, including the right to
appointment of counsel if he is indigent).

Fourth, the measure reorganizes the dispositional options available
with respect to releases of children and supervision of respondent
parents. Sections 1052(a)(ii) and 1054 are revised to cover solely the
release of children to persons who are not respondents in the child
protective proceeding, including parents, legal custodians or
guardians. Such orders of release, in contrast to orders of custody
under Article six of the Family Court Act, are time-limited, that is,
up to one year, which may be extended for another year for good cause.
Unless otherwise ordered by the court, the agency would be required to
submit a report no later than 90 days after issuance of the order and
60 days prior to its expiration. The caretaker would be required to
submit to the jurisdiction of the court to the same limited extent as
in orders of temporary release under proposed section 1017. An order
releasing a child may, therefore, require the caretaker to cooperate
in making the child available, inter alia, for court-ordered
visitation with parents, siblings or others and for appointments with
his or her attorney, caseworker, clinician and service programs.

In conjunction with release of a child to a non-respondent, the Family
Court may order supervision of the respondent under a revised and
expanded section 1057. Since section 1015-a applies to any phase of a
child protective proceeding, the court also may order services to be
provided to the respondent. This measure would thus address the


situation where the child's interests would best be served by residing
with a non- respondent parent for a time-limited period while the
respondent parent receives services that would promote the child's
eventual return to that parent. If during the period of the
dispositional order, respondent parent successfully completes the
services or programs ordered, the court may, if appropriate, utilize
section 1061 to modify the order releasing the child to the
non-respondent parent to provide for an earlier release date.

Sections 1052(a)(v) and 1057 would be amended to cover two
dispositional options, which may be ordered singly or together. A
child may be released to a respondent for a time-limited period of up
to one year, which may be extended for good cause for another year. A
report would be required no later than 90 days after issuance of the
order and 60 days prior to its expiration, unless dispensed with by
the Family Court. Additionally, in conjunction either with such a
release or with release of the child to a non-respondent, placement of
the child or issuance of an order of protection, the respondent may be
placed under the supervision of the child protective agency, social
services official or authorized agency. Such supervision also would be
time-limited - up to one year, with an extension for an additional
year for good cause - and, unless dispensed with, a report would be
required no later than 90 days after issuance of the order and 60 days
prior to its expiration.

Finally, the measure amends section 1055-b,to clarify the procedures
applicable when petitions for custody or guardianship are brought in
conjunction with a child protective proceeding. It would resolve a
serious inconsistency between sections 1055-b and 1017. Section
1017(2)(a)(i) currently provides that when a court determines that a
child may reside with a suitable non-respondent parent, it may "grant
an order of custody or guardianship to such non-respondent parent
pursuant to section one thousand fifty-five-b." However, as currently
drafted, section 1055-b only pertains to "(c)ustody or guardianship
with relatives or suitable persons pursuant to article six of (the
Family Court Act)" and does not mention non-respondent parents; nor
does it specify the standard by which to determine parents' requests
for custody in this context. The measure thus would insert "parents"
into the list of persons who may be granted Article 6 custody pursuant
to section 105S-b. It further makes clear that if a third party, Le.,
someone other than the child's parents, contests the custody petition,
the court must grant the order of custody to the parents in the
absence of a showing of extraordinary circumstances pursuant to
Bennett v. Jeffreys, supra, It also provides that, as in custody
proceedings generally, if the respondent parent contests the
non-respondent parent's request for custody, the standard by which to
determine the custody application is the best interests of the child.
Similar amendments are made to analogous provisions of the permanency
hearing and destitute child statutes (sections 1089-a and 1096,
respectively).

Questions regarding the rights of, and procedures applicable to,
non-respondent parents in child protective and related proceedings
have persisted in light of lingering ambiguities in the applicable
statutes. Enactment of this measure will provide a clear road-map that
will afford needed clarity to this increasingly important aspect of
child welfare cases.


This measure, which would have no fiscal impact upon the State, would
take effect 90 days after becoming a law.

Legislative History:

None. New proposal.

* This is consistent with the holding in Doe v, Mattingly, 2006 WI,
3498564 (E.D.N.Y., 2006)(Unpub.), which required a court order, absent
an emergency, as a prerequisite to a caseworker entering the home of a
non-respondent parent and conducting a body search of the baby in her
care.

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

                                  5203

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  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  non-respondent
  parents   in   child   protective,   destitute  child  and  permanency
  proceedings in family court

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

  Section  1.  Section 1012 of the family court act is amended by adding
three new subdivisions (l), (m) and (n) to read as follows:
  (L) "PARENT" MEANS A PERSON WHO IS RECOGNIZED UNDER THE  LAWS  OF  THE
STATE OF NEW YORK TO BE THE CHILD'S LEGAL PARENT.
  (M)  "RELATIVE" MEANS ANY PERSON WHO IS RELATED TO THE CHILD BY BLOOD,
MARRIAGE OR ADOPTION AND WHO IS NOT A PARENT, PUTATIVE PARENT  OR  RELA-
TIVE OF A PUTATIVE PARENT OF THE CHILD.
  (N)  "SUITABLE  PERSON"  MEANS  ANY  PERSON  WHO PLAYS OR HAS PLAYED A
SIGNIFICANT POSITIVE ROLE IN THE CHILD'S LIFE OR  IN  THE  LIFE  OF  THE
CHILD'S FAMILY.
  S  2.  Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
of section 1017 of the family court act, subdivision 1 and paragraph (a)
of subdivision 2 as amended by section 10 of part A of chapter 3 of  the
laws  of  2005,  the  opening  paragraph  of subdivision 1 as separately
amended by chapter 671 of the laws of 2005, subparagraphs (i)  and  (ii)
of paragraph a of subdivision 2 as amended and subdivision 3 as added by
chapter 519 of the laws of 2008, are amended to read as follows:
  1.  In  any  proceeding  under this article, when the court determines
that a child must be removed from his or her home, pursuant to part  two
of  this article, or placed, pursuant to section one thousand fifty-five
of this article[,]:
  (A) the court shall direct the local commissioner of  social  services
to  conduct  an  immediate  investigation  to  locate any non-respondent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09934-02-3

S. 5203                             2

parent of the child and any relatives of the child, including all of the
child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden-
tified by any respondent parent or any  non-respondent  parent  and  any
relative  OR  SUITABLE PERSON identified by a child over the age of five
as a [relative] PERSON who plays or has played  a  significant  positive
role  in  his  or her life[, and].   THE LOCAL COMMISSIONER SHALL inform
them of the pendency of  the  proceeding  and  of  the  opportunity  for
[becoming  foster parents or for seeking custody or care] NON-RESPONDENT
PARENTS TO SEEK TEMPORARY RELEASE of the child[, and that the child  may
be adopted by foster parents if attempts at reunification with the birth
parent  are  not  required  or  are unsuccessful] UNDER THIS ARTICLE  OR
CUSTODY UNDER ARTICLE SIX OF THIS  ACT  OR  FOR  RELATIVES  OR  SUITABLE
PERSONS  TO  SEEK TO BECOME FOSTER PARENTS OR TO PROVIDE FREE CARE UNDER
THIS ARTICLE OR CUSTODY UNDER ARTICLE SIX OF THIS ACT.  RULES  OF  COURT
SHALL  SPECIFY  THE  CONTENTS  OF  THE NOTICE. The local commissioner of
social services shall record the results of such investigation,  includ-
ing,  but  not limited to, the name, last known address, social security
number, employer's address and any other identifying information to  the
extent  known  regarding  any non-respondent parent, in the uniform case
record maintained pursuant to section four hundred nine-f of the  social
services  law. [For the purpose of this section, "non-respondent parent"
shall include a person  entitled  to  notice  of  the  pendency  of  the
proceeding and of the right to intervene as an interested party pursuant
to  subdivision (d) of section one thousand thirty-five of this article,
and a non-custodial parent entitled to notice and the right  to  enforce
visitation  rights  pursuant  to subdivision (e) of section one thousand
thirty-five of this article.]
  (B) THE COURT SHALL ALSO  DIRECT  THE  LOCAL  COMMISSIONER  OF  SOCIAL
SERVICES  TO  CONDUCT  AN  INVESTIGATION TO LOCATE ANY PERSON WHO IS NOT
RECOGNIZED TO BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE  THE  RIGHTS
OF  A  LEGAL PARENT UNDER THE LAWS OF THE STATE OF NEW YORK BUT WHO  (I)
HAS FILED WITH A PUTATIVE FATHER REGISTRY, OR (II) HAS A PENDING  PATER-
NITY  PETITION,  OR   (III) WAS MARRIED TO THE CHILD'S PARENT WITHIN SIX
MONTHS AFTER THE CHILD'S BIRTH, OR  (IV)  HAS  BEEN  IDENTIFIED  BY  THE
CHILD'S  PARENT  IN A WRITTEN SWORN STATEMENT. THE LOCAL COMMISSIONER OF
SOCIAL SERVICES SHALL RECORD THE RESULTS OF SUCH INVESTIGATION,  INCLUD-
ING,  BUT  NOT LIMITED TO, THE NAME, LAST KNOWN ADDRESS, SOCIAL SECURITY
NUMBER, EMPLOYER'S ADDRESS AND ANY OTHER IDENTIFYING INFORMATION TO  THE
EXTENT  KNOWN  REGARDING  ANY PERSON IDENTIFIED IN THE INVESTIGATION, IN
THE UNIFORM CASE RECORD MAINTAINED  PURSUANT  TO  SECTION  FOUR  HUNDRED
NINE-F OF THE SOCIAL SERVICES LAW.
  (C) The court shall determine:
  [(a)]  (I)  whether  there  is  a [suitable] non-respondent parent [or
other person related to the child], RELATIVE  OR  SUITABLE  PERSON  with
whom such child may appropriately reside; and
  [(b)]  (II) in the case of a relative OR SUITABLE PERSON, whether such
[relative] INDIVIDUAL seeks approval as a foster parent pursuant to  the
social  services  law for the purposes of providing care for such child,
or wishes to provide free care [and custody] for the  child  during  the
pendency of any orders pursuant to this article.
  (a) where the court determines that the child may APPROPRIATELY reside
with  a  [suitable]  non-respondent  parent or other relative or [other]
suitable person, either:
  (i) grant [an] A TEMPORARY order of custody or  guardianship  to  such
non-respondent  parent,  [other]  relative  or  [other]  suitable person
pursuant to A PETITION FILED UNDER  ARTICLE  SIX  OF  THIS  ACT  PENDING

S. 5203                             3

FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A
FINAL  ORDER  OF  CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT,
RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE  SIX  OF  THIS  ACT  AND
section one thousand fifty-five-b of this article; or
  (ii) [place] TEMPORARILY RELEASE the child directly [in] TO the custo-
dy of such non-respondent parent[, other] OR TEMPORARILY PLACE THE CHILD
IN THE CUSTODY OF A relative or [other] suitable person pursuant to this
article  during the pendency of the proceeding or until further order of
the court, whichever is earlier  and  conduct  such  other  and  further
investigations  as  the  court deems necessary. THE COURT MAY DIRECT THE
COMMISSIONER OF SOCIAL SERVICES, PURSUANT TO REGULATIONS OF  THE  OFFICE
OF  CHILDREN  AND  FAMILY  SERVICES, TO COMMENCE AN INVESTIGATION OF THE
HOME OF SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE  PERSON  WITHIN
TWENTY-FOUR  HOURS  AND,  IN  THE CASE OF A RELATIVE OR SUITABLE PERSON,
THEREAFTER APPROVE SUCH RELATIVE OR SUITABLE PERSON, IF QUALIFIED, AS  A
FOSTER PARENT. IF SUCH PERSON IS QUALIFIED AS A FOSTER PARENT, THE COURT
MAY  MAKE  AN ORDER PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH. IF
SUCH PERSON IS FOUND TO BE UNQUALIFIED  AS  A  FOSTER  PARENT  OR  IF  A
NON-RESPONDENT  PARENT IS FOUND UNQUALIFIED AS A RESOURCE FOR THE TEMPO-
RARY RELEASE OF THE CHILD UNDER THIS  ARTICLE,  THE  LOCAL  COMMISSIONER
SHALL REPORT SUCH FACT TO THE COURT FORTHWITH; or
  (iii) remand or place the child, as applicable, with the local commis-
sioner of social services and direct such commissioner to have the child
reside with such relative or [other] suitable person [and further direct
such  commissioner pursuant to regulations of the office of children and
family services, to commence an investigation of the home of such  rela-
tive  or  other  suitable person within twenty-four hours and thereafter
approve such relative or other suitable  person,  if  qualified,]  as  a
foster  parent.  [If  such home is found to be unqualified for approval,
the local commissioner shall report such fact to the court forthwith.]
  3. An order [placing] TEMPORARILY RELEASING  a  child  [with]  TO  THE
CUSTODY  OF A NON-RESPONDENT PARENT OR PARENTS, OR TEMPORARILY PLACING A
CHILD IN THE CUSTODY OF a relative or RELATIVES OR other suitable person
OR PERSONS pursuant to SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF this section OR REMANDING OR PLACING A CHILD WITH A LOCAL COMMIS-
SIONER OF SOCIAL SERVICES TO RESIDE WITH  A  RELATIVE  OR  RELATIVES  OR
SUITABLE  PERSON  OR  PERSONS AS FOSTER PARENTS PURSUANT TO SUBPARAGRAPH
(III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS  SECTION  may  not  be
granted  unless  the  [relative  or other suitable] person [consents] OR
PERSONS TO WHOM THE CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the
jurisdiction of the court WITH RESPECT TO THE CHILD.  The [court]  ORDER
SHALL  SET  FORTH  THE TERMS AND CONDITIONS APPLICABLE TO SUCH PERSON OR
PERSONS AND CHILD PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL  AND  DULY
AUTHORIZED  AGENCY  WITH  RESPECT TO THE CHILD AND may [place the person
with whom the child has been directly placed  under  supervision  during
the pendency of the proceeding. Such supervision shall be provided by a]
INCLUDE,  BUT  IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS
TO COOPERATE IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED  VISITATION
WITH  RESPONDENTS,  SIBLINGS  AND  OTHERS  AND FOR APPOINTMENTS WITH THE
CHILD'S ATTORNEY, child  protective  agency,  social  services  official
[or],  duly  authorized agency, CLINICIAN OR OTHER INDIVIDUAL OR PROGRAM
PROVIDING SERVICES TO THE CHILD DURING THE PENDENCY OF  THE  PROCEEDING.
The  court also may issue a temporary order of protection under subdivi-
sion (f) of section one thousand twenty-two, section one thousand  twen-
ty-three  or section one thousand twenty-nine of this article. [An order
of supervision issued pursuant to this subdivision shall set  forth  the

S. 5203                             4

terms  and conditions that the relative or suitable person must meet and
the actions that the child protective agency, social  services  official
or duly authorized agency must take to exercise such supervision.]
  S  3.  Section 1022-a of the family court act, as added by chapter 336
of the laws of 1990, is amended to read as follows:
  S 1022-a. Preliminary orders; notice and appointment of counsel. At  a
hearing  held  pursuant to section [ten hundred] ONE THOUSAND twenty-two
of this act at which the respondent is present, the court  shall  advise
the respondent AND ANY NON-RESPONDENT PARENT WHO IS PRESENT of the alle-
gations in the application and shall appoint counsel for [the respondent
pursuant  to]  EACH  IN ACCORDANCE WITH section two hundred sixty-two of
this act [where the respondent is indigent], UNLESS WAIVED.
  S 4. Subdivision (d) of section 1027 of the family court act, as added
by chapter 962 of the laws of 1970, is amended to read as follows:
  (d) Upon such hearing, the court may, for good  cause  shown,  release
the  child to [the custody of] his OR HER parent or other person legally
responsible for his OR HER care, pending a final order  of  disposition,
in  accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE.
  S 5. The opening paragraph of subdivision (d) of section 1035  of  the
family  court  act,  as  amended  by chapter 526 of the laws of 2003, is
amended to read as follows:
  Where the respondent is not the child's parent, service of the summons
and petition shall also be ordered on both of the child's parents; where
only one of the child's  parents  is  the  respondent,  service  of  the
summons  and petition shall also be ordered on the child's other parent.
The summons and petition shall be accompanied by a notice of pendency of
the child protective proceeding advising the parents or  parent  of  the
right to appear and participate in the proceeding as an interested party
intervenor for the purpose of seeking temporary and permanent RELEASE OF
THE  CHILD  UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX
OF THIS ACT, and to participate thereby in all  arguments  and  hearings
insofar  as  they  affect  the temporary RELEASE OR custody of the child
during fact-finding proceedings, and  in  all  phases  of  dispositional
proceedings.  The  notice shall also ADVISE THE PARENT OR PARENTS OF THE
RIGHT TO COUNSEL, INCLUDING ASSIGNED COUNSEL IF INDIGENT, AND ALSO indi-
cate that:
  S 6. Paragraphs (ii), (v) and (vi) of subdivision (a) of section  1052
of  the  family  court act, paragraphs (ii) and (v) as amended and para-
graph (vi) as added by chapter 519 of the laws of 2008, are  amended  to
read as follows:
  (ii)  releasing  the child to the custody of [his] A PARENT OR parents
or [other person legally responsible] LEGAL CUSTODIAN OR  CUSTODIANS  OR
GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE NOT RESPONDENTS IN THE PROCEED-
ING, in accord with section one thousand fifty-four of this part; or
  (v)  RELEASING  THE CHILD TO THE CUSTODY OF THE RESPONDENT OR RESPOND-
ENTS OR placing the respondent  OR  RESPONDENTS  under  supervision,  OR
BOTH, in accord with section one thousand fifty-seven of this part; or
  (vi)  granting  custody  of  the  child  to A NON-RESPONDENT PARENT OR
PARENTS, A RELATIVE OR relatives or A suitable PERSON OR persons  pursu-
ant  to section one thousand fifty-five-b AND ARTICLE SIX of this [part]
ACT.
  S 7. Section 1054 of the family court act, as amended by chapter  1039
of  the  laws  of  1973, subdivision (a) as amended by chapter 41 of the
laws of 2010 and subdivision (b) as amended by chapter 458 of  the  laws
of 1989, is amended to read as follows:

S. 5203                             5

  S  1054.  Release to custody of NON-RESPONDENT parent or [other person
responsible for care] LEGAL  CUSTODIAN  OR  GUARDIAN;  [supervision  or]
order  of  protection.   (a) [If the] AN order of disposition [releases]
MAY RELEASE the child FOR A DESIGNATED PERIOD OF UP TO ONE YEAR  to  the
custody  of [his or her] A NON-RESPONDENT parent or [other] PARENTS OR A
person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN
THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the
petition, [the] AND WHO IS NOT OR ARE NOT RESPONDENTS IN THE  PROCEEDING
UNDER  THIS  ARTICLE. AN ORDER UNDER THIS SECTION MAY BE EXTENDED UPON A
HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
  (B) THE court may [place] REQUIRE the  person  OR  PERSONS  to  [whose
custody]  WHOM  the  child  is  released  under  [supervision of a] THIS
SECTION TO SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT  TO  THE
CHILD  FOR  THE  PERIOD OF THE DISPOSITION OR ANY EXTENSION THEREOF. THE
ORDER MAY INCLUDE, BUT IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR
PERSONS TO COOPERATE IN MAKING THE  CHILD  AVAILABLE  FOR  COURT-ORDERED
VISITATION  WITH  RESPONDENTS,  SIBLINGS AND OTHERS AND FOR APPOINTMENTS
WITH THE CHILD'S ATTORNEY, child protective agency  [or  of  a],  social
services official or duly authorized agency, CLINICIAN OR OTHER INDIVID-
UAL  OR  PROGRAM  PROVIDING  SERVICES  TO THE CHILD. THE ORDER SHALL SET
FORTH THE TERMS AND CONDITIONS APPLICABLE  TO  SUCH  NON-RESPONDENT  AND
CHILD  PROTECTIVE  AGENCY,  SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED
AGENCY WITH RESPECT TO THE CHILD.
  (C) IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A  NON-RESPON-
DENT  PARENT,  RELATIVE  OR  SUITABLE PERSON UNDER THIS SUBDIVISION, THE
COURT MAY ALSO ISSUE ANY OR ALL OF THE FOLLOWING  ORDERS:  AN  ORDER  OF
SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV-
EN,  AN  ORDER  DIRECTING  THAT  SERVICES  BE PROVIDED TO THE RESPONDENT
PARENT UNDER SECTION ONE THOUSAND FIFTEEN-A or [may enter] an  order  of
protection  under section one thousand fifty-six OF THIS PART[, or both.
An order of supervision entered under this section shall set  forth  the
terms  and  conditions of such supervision that the respondent must meet
and the actions that the child protective agency, social services  offi-
cial or duly authorized agency must take to exercise such supervision].
  (D)  Except  as  provided  for herein, in any order issued pursuant to
this section, the court may require the child protective agency to  make
progress  reports to the court, the parties, and the child's attorney on
the implementation of such order. [Where the  order  of  disposition  is
issued  upon  the consent of the parties and the child's attorney, such]
UNLESS OTHERWISE ORDERED BY THE COURT, THE agency shall  report  to  the
court,  the  parties  and the child's attorney no later than ninety days
after the issuance of the order[, unless] AND NO LATER THAN  SIXTY  DAYS
PRIOR  TO  THE  EXPIRATION  OF  the [court determines that the facts and
circumstances of the case do not require such report to be made] ORDER.
  [(b) Rules of court shall define permissible terms and  conditions  of
supervision  under  this  section.  The duration of any period of super-
vision shall be for an initial period of no more than one year  and  the
court  may at the expiration of that period, upon a hearing and for good
cause shown, make successive extensions of such supervision of up to one
year each.]
  S 8. The section heading and subdivision (a) of section 1055-b of  the
family court act, as amended by section 7 of part F of chapter 58 of the
laws of 2010, are amended to read as follows:
  Custody  or  guardianship with A PARENT OR PARENTS, relatives or suit-
able persons pursuant to article six of this act  or  guardianship  with
[such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven-

S. 5203                             6

teen  of  the surrogate's court procedure act.  (a) At the conclusion of
the dispositional hearing under this article, the  court  may  enter  an
order  of disposition granting custody or guardianship of the child to a
PARENT OR PARENTS, AS DEFINED IN SUBDIVISION (1) OF SECTION ONE THOUSAND
TWELVE  OF  THIS  ARTICLE,  OR A relative OR RELATIVES or other suitable
person OR PERSONS under article six of this act or an order of guardian-
ship of the child to [such] a RELATIVE OR RELATIVES OR  SUITABLE  person
OR  PERSONS  under  article seventeen of the surrogate's court procedure
act if THE FOLLOWING CONDITIONS HAVE BEEN MET:
  (i) the PARENT OR PARENTS, relative OR RELATIVES or suitable person OR
PERSONS has OR HAVE filed a petition for custody or guardianship of  the
child  pursuant to article six of this act or, IN THE CASE OF A RELATIVE
OR RELATIVES OR SUITABLE PERSON OR PERSONS, a petition for  guardianship
of  the child under article seventeen of the surrogate's court procedure
act; and
  (ii) the court [finds] HAS DETERMINED that granting custody or guardi-
anship of the child to [the relative or suitable] SUCH person OR PERSONS
is in the best interests of the child and that the safety of  the  child
will not be jeopardized if the respondent or respondents under the child
protective  proceeding  are  no  longer  under  supervision or receiving
services. In determining whether the best interests of the child will be
promoted by the granting of guardianship of the child to a relative  who
has  cared  for  the  child as a foster parent, the court shall give due
consideration to the permanency goal  of  the  child,  the  relationship
between  the  child  and  the relative, and whether the relative and the
social services district have  entered  into  an  agreement  to  provide
kinship  guardianship  assistance payments for the child to the relative
under title ten of article six of the social services law, and,  if  so,
whether  the  fact-finding  hearing  pursuant  to  section  one thousand
fifty-one of this part and a permanency hearing pursuant to section  one
thousand  eighty-nine  of  this  chapter [has] HAVE occurred and whether
compelling reasons exist for determining that the  return  home  of  the
child and the adoption of the child are not in the best interests of the
child and are, therefore, not appropriate permanency options; and
  (iii)  the court [finds] HAS DETERMINED that granting custody or guar-
dianship of the child to the PARENT, relative or suitable  person  under
article  six  of  this  act or granting guardianship of the child to the
relative or [other] suitable  person  under  article  seventeen  of  the
surrogate's  court  procedure act will provide the child with a safe and
permanent home; and
  (iv) all parties to the child protective  proceeding  consent  to  the
granting of custody or guardianship under article six of this act or the
granting  of  guardianship  under  article  seventeen of the surrogate's
court procedure ACT; or [(v)], IF ANY  OF  THE  PARTIES  OBJECT  TO  THE
GRANTING  OF  CUSTODY  OR GUARDIANSHIP, THE COURT HAS MADE THE FOLLOWING
FINDINGS after a [consolidated] JOINT dispositional hearing on the child
protective petition and the petition under article six of  this  act  or
under article seventeen of the surrogate's court procedure act[;]:
  (A)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND  A  parent  or  parents
[fail  to  consent]  OBJECT  to the granting of [custody or guardianship
under article six of this act or] the [granting  of  guardianship  under
article  seventeen of the surrogate's court procedure act] PETITION, the
court [finds] HAS DETERMINED that THE RELATIVE OR RELATIVES OR  SUITABLE
PERSON  OR  PERSONS  HAVE  DEMONSTRATED THAT extraordinary circumstances
exist that support granting an order of custody or guardianship  TO  THE

S. 5203                             7

RELATIVE  OR RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT THE GRANT-
ING OF THE ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or
  (B)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than  the
parent or parents [fail] OBJECTS to [consent to] the granting of [custo-
dy  or  guardianship  under  article  six  of  this act or] the PETITION
[granting of guardianship under article  seventeen  of  the  surrogate's
court  procedure  act],  the  court [finds] HAS DETERMINED that granting
custody or guardianship of the child to the  relative  OR  RELATIVES  or
suitable person OR PERSONS is in the best interests of the child; OR
  (C)  IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF
THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE  CHILD  OBJECTS  TO  THE
GRANTING  OF  THE  PETITION,  THE  COURT  HAS DETERMINED EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING CUSTODY TO THE PETITIONING PARENT WOULD NONETHELESS BE  IN  THE
CHILD'S BEST INTERESTS; OR
  (D)  IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF
THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF  THE  PETITION,
THE COURT HAS DETERMINED THAT GRANTING CUSTODY TO THE PETITIONING PARENT
IS IN THE CHILD'S BEST INTERESTS.
  S 9. Section 1057 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
  S  1057.  [Supervision]  RELEASE  OF  THE  CHILD  TO THE RESPONDENT OR
RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS.
  (A) The court may RELEASE THE CHILD TO THE RESPONDENT  OR  RESPONDENTS
FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI-
VISION (D) OF THIS SECTION.
  (B)  IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS SECTION
OR AN ORDER UNDER PARAGRAPH (II), (III) OR (IV) OF  SUBDIVISION  (A)  OF
SECTION  ONE  THOUSAND  FIFTY-TWO  OF THIS PART, THE COURT MAY place the
respondent OR RESPONDENTS under supervision of a child protective agency
or of a social services official or duly authorized agency. An order  of
supervision  entered  under  this  section shall set forth the terms and
conditions of such supervision that the respondent OR  RESPONDENTS  must
meet  and  the actions that the child protective agency, social services
official or duly authorized agency must take  to  exercise  such  super-
vision.
  (C)  Except  as  provided  for herein, in any order issued pursuant to
SUBDIVISION (A) OR (B) OF this section, the court may require the  child
protective  agency  to  make progress reports to the court, the parties,
and the child's attorney on the implementation of such  order.    [Where
the  order  of disposition is issued upon the consent of the parties and
the child's attorney] UNLESS OTHERWISE ORDERED BY THE COURT, such agency
shall report to the court, the parties and the child's attorney no later
than ninety days after the issuance of the order[, unless] AND NO  LATER
THAN  SIXTY  DAYS  PRIOR TO THE EXPIRATION OF the [court determines that
the facts and circumstances of the case do not require such report to be
made] ORDER. Rules of court shall define permissible  terms  and  condi-
tions  of  supervision  OF  THE  RESPONDENT  OR  RESPONDENTS  under this
section.
  (D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND-
ENT OR RESPONDENTS OR supervision OF THE RESPONDENT  OR  RESPONDENTS  OR
BOTH  shall be for an initial period of no more than one year [and the].
THE court may at the expiration of that period, upon a hearing  and  for

S. 5203                             8

good  cause  shown, make successive extensions of such RELEASE OR super-
vision OR BOTH of up to one year each.
  S  10.  The  section  heading  and subdivisions (a) and (c) of section
1089-a of the family court act, as amended by section 8  of  part  F  of
chapter 58 of the laws of 2010, are amended to read as follows:
  Custody  or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela-
tives or A suitable PERSON OR persons pursuant to article  six  of  this
act  or  guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR
PERSONS pursuant to article seventeen of the surrogate's court procedure
act. (a) Where the permanency plan is placement with a fit  and  willing
relative,  the  court  may  issue an order of custody or guardianship in
response to a petition filed by a relative or  suitable  person  seeking
custody or guardianship of the child under article six of this act or an
order of guardianship of the child under article seventeen of the surro-
gate's  court  procedure  act [at]. WHERE THE PERMANENCY PLAN IS CUSTODY
UNDER ARTICLE SIX OF THIS ACT WITH A PARENT OR PARENTS WHO HAD NOT  BEEN
RESPONDENTS  IN  THE PROCEEDING IN WHICH THE CHILD HAD BEEN PLACED UNDER
ARTICLE TEN OR TEN-C OF THIS ACT OR SECTION THREE HUNDRED  FIFTY-EIGHT-A
OF  THE  SOCIAL  SERVICES  LAW,  THE COURT MAY ISSUE AN ORDER OF CUSTODY
UNDER ARTICLE SIX OF THIS ACT IN RESPONSE TO A PETITION  FILED  BY  SUCH
PARENT  OR  PARENTS.  A  PETITION FOR CUSTODY OR GUARDIANSHIP UNDER THIS
SUBDIVISION MAY BE HEARD JOINTLY WITH a permanency hearing held pursuant
to this article [and terminate]. AN ORDER  OF  CUSTODY  OR  GUARDIANSHIP
ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL RESULT IN TERMINATION OF
all  pending  orders issued pursuant to article ten OR TEN-C of this act
if THE FOLLOWING CONDITIONS HAVE BEEN MET:
  (i) the court [finds] HAS DETERMINED  that  granting  custody  TO  THE
PARENT  OR  PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS
or guardianship of the child to the relative OR  RELATIVES  or  suitable
person  OR  PERSONS  is  in the best interests of the child and that the
termination of the order placing the child pursuant to  article  ten  OR
TEN-C of this act will not jeopardize the safety of the child. In deter-
mining  whether  the best interests of the child will be promoted by the
granting of guardianship of the child to a relative who  has  cared  for
the  child as a foster parent, the court shall give due consideration to
the permanency goal of the child, the relationship between the child and
the relative, and whether the  relative  and  the  local  department  of
social  services have entered into an agreement to provide kinship guar-
dianship assistance payments for the child to the relative  under  title
ten  of  article  six  of the social services law, and, if so, whether a
fact-finding hearing pursuant to section one thousand fifty-one of  this
chapter has occurred, and whether compelling reasons exist for determin-
ing  that the return home of the child and the adoption of the child are
not in the best interests of the child and are, therefore, not appropri-
ate permanency options; and
  (ii) the court [finds] HAS DETERMINED that  granting  custody  TO  THE
PARENT  OR  PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS
or guardianship of the child to the relative or  RELATIVES  OR  suitable
person OR PERSONS will provide the child with a safe and permanent home;
and
  (iii) the parents, the attorney for the child, the local department of
social  services,  and  the  foster parent of the child who has been the
foster parent for the child for one year or more consent to the issuance
of an order of custody or guardianship under article six of this act  or
the  granting of guardianship under article seventeen of the surrogate's
court procedure act and the termination of the order of placement pursu-

S. 5203                             9

ant to article ten of this act; or [(iv)], IF ANY OF THE PARTIES  OBJECT
TO  THE  GRANTING  OF  CUSTODY  OR  GUARDIANSHIP, THE COURT HAS MADE THE
FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the permanen-
cy  of the child and the petition under article six of this act or arti-
cle seventeen of the surrogate's court procedure act[;]:
  (A) if a RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR  PERSONS  HAVE
FILED  A  PETITION  FOR  CUSTODY OR GUARDIANSHIP AND A parent or parents
[fail to consent] OBJECTS to the granting of  [custody  or  guardianship
under  article  six  of this act or] the [granting of guardianship under
article seventeen of the surrogate's court procedure act] PETITION,  the
court  [finds] HAS DETERMINED that THE RELATIVE OR RELATIVES OR SUITABLE
PERSON OR PERSONS HAVE  DEMONSTRATED  THAT  extraordinary  circumstances
exist  that  support  granting an order of custody or guardianship under
article six of this act or the granting of  guardianship  under  article
seventeen  of  the  surrogate's  court  procedure act TO THE RELATIVE OR
RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT  THE  GRANTING  OF  THE
ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or
  (B)  if [the local department of social services, the attorney for the
child, or the foster parent of the child who has been the foster  parent
for  the child for one year or more fail to consent] A RELATIVE OR RELA-
TIVES OR SUITABLE PERSON OR PERSONS HAVE FILED A PETITION FOR CUSTODY OR
GUARDIANSHIP AND A PARTY OTHER THAN THE PARENT OR PARENTS OBJECTS to the
granting of [custody or guardianship under article six of  this  act  or
the  granting of guardianship under article seventeen of the surrogate's
court procedure act] THE PETITION, the court [finds] HAS DETERMINED that
granting custody or guardianship of the child to the relative  OR  RELA-
TIVES  or  suitable  person  OR  PERSONS is in the best interests of the
child; OR
  (C) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX  OF
THIS  ACT  AND  A  PARTY WHO IS NOT A PARENT OF THE CHILD OBJECTS TO THE
GRANTING OF THE PETITION, THE  COURT  HAS  DETERMINED  EITHER  THAT  THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING  CUSTODY  TO THE PETITIONING PARENT WOULD NONETHELESS BE IN THE
CHILD'S BEST INTERESTS; OR
  (D) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX  OF
THIS  ACT  AND THE OTHER PARENT OBJECTS TO THE GRANTING OF THE PETITION,
THE COURT HAS DETERMINED THAT GRANTING CUSTODY TO THE PETITIONING PARENT
IS IN THE CHILD'S BEST INTERESTS; OR
  (E) IF THE LOCAL DEPARTMENT OF SOCIAL SERVICES, THE ATTORNEY  FOR  THE
CHILD,  OR THE FOSTER PARENT OF THE CHILD WHO HAS BEEN THE FOSTER PARENT
FOR THE CHILD FOR ONE YEAR OR MORE OBJECTS TO THE GRANTING OF CUSTODY OR
GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR THE GRANTING OF  GUARDIAN-
SHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT, THE
COURT  HAS DETERMINED THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
TO THE PARENT, RELATIVE OR SUITABLE PERSON IS IN THE BEST  INTERESTS  OF
THE CHILD.
  (c)  As  part  of  the  order granting custody or guardianship [to the
relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to
article six of this act or the granting of  guardianship  under  article
seventeen  of the surrogate's court procedure act, the court may require
that the local department of social services and the  attorney  for  the
child receive notice of, and be made parties to, any subsequent proceed-
ing  to  modify the order of custody or guardianship granted pursuant to
the article six proceeding; provided, however, if the guardian  and  the
local  department  of  social services have entered into an agreement to

S. 5203                            10

provide kinship guardianship assistance payments for the  child  to  the
relative  under title ten of article six of the social services law, the
order must require that the local department of social services and  the
attorney  for  the  child receive notice of, and be made parties to, any
such subsequent proceeding involving  custody  or  guardianship  of  the
child.
  S  11.  Paragraph  2  of subdivision (d) of section 1095 of the family
court act, as amended by chapter 3 of the laws of 2012,  is  amended  to
read as follows:
  (2)  granting  an order of custody [or guardianship] to PARENTS, rela-
tives or suitable persons  OR  GUARDIANSHIP  TO  RELATIVES  OR  SUITABLE
PERSONS  pursuant to a petition under article six of this act or guardi-
anship of the child to a  relative  or  suitable  person  under  article
seventeen  of the surrogate's court procedure act and in accordance with
section one thousand ninety-six of this article.
  S 12. The section heading and subdivision (a) of section 1096  of  the
family court act, as added by chapter 3 of the laws of 2012, are amended
to read as follows:
  Custody  or  guardianship  with PARENTS, relatives or suitable persons
pursuant to article six of this act or article seventeen of  the  surro-
gate's  court  procedure  act.  (a)  At the conclusion of a hearing held
pursuant to section one thousand ninety-five of this article, the  court
may  enter an order of disposition granting custody [or guardianship] of
the child to a PARENT, relative or suitable person under article six  of
this  act  or guardianship of the child to a relative or suitable person
under article SIX OF THIS ACT OR ARTICLE seventeen  of  the  surrogate's
court procedure act if THE FOLLOWING CONDITIONS HAVE BEEN MET:
  (1)  the  PARENT, relative or suitable person has filed a petition for
custody [or guardianship] of the child pursuant to article six  of  this
act  or guardianship of the child pursuant to article SIX OF THIS ACT OR
ARTICLE seventeen of the surrogate's court procedure act; and
  (2) the court finds that granting custody  [or  guardianship]  of  the
child  to the PARENT, relative or suitable person OR GUARDIANSHIP OF THE
CHILD TO THE RELATIVE OR SUITABLE PERSON is in the best interests of the
child; and
  (3) the court finds that granting custody  [or  guardianship]  of  the
child  to  the  PARENT, relative or suitable person under article six of
this act or guardianship of the child to a relative or  suitable  person
under  article  SIX  OF THIS ACT OR ARTICLE seventeen of the surrogate's
court procedure act will provide the child with  a  safe  and  permanent
home; and
  (4)  all  parties  to  the  destitute  child proceeding consent to the
granting of custody or guardianship under article six  of  this  act  or
article seventeen of the surrogate's court procedure act; or [(5)] after
a  consolidated  fact finding and dispositional hearing on the destitute
child petition [and] HEARD JOINTLY WITH the petition under  article  six
of this act or article seventeen of the surrogate's court procedure act:
  (i)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND  A  parent  or  parents
[fail  to  consent]  OBJECTS  to the granting of custody or guardianship
under article six of this act or guardianship under article seventeen of
the surrogate's court procedure act, the court  [finds]  HAS  DETERMINED
that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE DEMON-
STRATED  THAT extraordinary circumstances exist that support granting an
order of custody or guardianship under article six of this act or  guar-
dianship  under article seventeen of the surrogate's court procedure act

S. 5203                            11

TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT  THE
GRANTING OF THE ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or
  (ii)  if  [the]  A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS
HAVE FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A PARTY OTHER THAN
A parent or parents [consent and a party other than a  parent  fails  to
consent] OBJECTS to the granting of [custody or guardianship under arti-
cle  six  of  this  act  or  guardianship under article seventeen of the
surrogate's court procedure act] THE PETITION,  the  court  [finds]  HAS
DETERMINED  that  granting  custody  or guardianship of the child to the
relative or suitable person is in the best interests of the child; OR
  (III) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER  ARTICLE  SIX
OF  THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD OBJECTS TO THE
GRANTING OF THE PETITION, THE  COURT  HAS  DETERMINED  EITHER  THAT  THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING  CUSTODY  TO THE PETITIONING PARENT WOULD NONETHELESS BE IN THE
CHILD'S BEST INTERESTS; OR
  (IV) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF
THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF  THE  PETITION,
THE COURT HAS DETERMINED THAT GRANTING CUSTODY TO THE PETITIONING PARENT
IS IN THE CHILD'S BEST INTERESTS.
  S  13.  This act shall take effect on the ninetieth day after it shall
have become a law.

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