S T A T E   O F   N E W   Y O R K
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                                  2033

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

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

AN ACT to amend the  elder  law  and  the  domestic  relations  law,  in
  relation  to the notification of certain relatives prior to the place-
  ment of children

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

  Section  1.  Section  202  of the elder law is amended by adding a new
subdivision 15 to read as follows:
  15. TO MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION  SEVENTY-TWO  OF
THE  DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE GOVER-
NOR ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT  PROCE-
DURES.
  S  2.  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  THE RELATIVE OF A MINOR CHILD WHO IS
RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY  TO  EITHER  PARENT  OF
SUCH  CHILD  AND  WHO  IS 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 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
best interests of the child may require, for  custody  rights  for  such
grandparent  or  grandparents  OR  RELATIVE in respect to such child. An

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07721-01-9

              

S. 2033                             2

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 BEFORE THE COMMENCEMENT OF THE PROCEEDING, during which TIME  the
parent  voluntarily  relinquished  care and control of the child and the
child resided in the household of the petitioner grandparent  or  grand-
parents  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 DURING WHICH TIME PETITIONER
GRANDPARENT OR GRANDPARENTS OR RELATIVE ACTED AS  PERSONS  ACTING  AS  A
PARENT  AS  DEFINED IN SUBDIVISION THIRTEEN OF SECTION SEVENTY-FIVE-A OF
THIS CHAPTER.
  (c) Nothing in this section shall limit  the  ability  of  parties  to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S 3. This act shall take effect immediately.