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

                                 5267--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families
  -- recommitted to the Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8 -- reported favorably from  said  committee
  and  committed to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the family court act and the social services law, in
  relation to destitute children; and to repeal  certain  provisions  of
  the social services law relating thereto

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

  Section 1. Subdivision (c) of section 115 of the family court act,  as
amended  by  section  1  of  part A of chapter 3 of the laws of 2005, is
amended to read as follows:
  (c) The family court has such other jurisdiction  as  is  provided  by
law,  including  but not limited to: proceedings concerning adoption and
custody of children, as set forth in parts two and three of article  six
of  this  act;  proceedings  concerning  the  uniform  interstate family
support act, as set forth in article five-B  of  this  act;  proceedings
concerning  children in foster care and care and custody of children, as
set forth in sections three  hundred  fifty-eight-a  and  three  hundred
eighty-four-a  of the social services law and article ten-A of this act;
proceedings concerning DESTITUTE CHILDREN,  AS  SET  FORTH  IN  ARTICLES
TEN-A  AND  TEN-B  OF  THIS ACT; PROCEEDINGS CONCERNING guardianship and
custody of children by reason of the death of, or abandonment or surren-
der by, the parent or parents, as set forth in  sections  three  hundred
eighty-three-c,  three hundred eighty-four and paragraphs (a) and (b) of
subdivision four of section three hundred eighty-four-b  of  the  social
services  law; proceedings concerning standby guardianship and guardian-
ship of the person as set forth in part four of article six of this  act

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11591-02-0
              

S. 5267--A                          2

and  article  seventeen  of  the  surrogate's  court  procedure act; and
proceedings concerning the interstate compact on juveniles as set  forth
in  chapter  one  hundred  fifty-five  of  the  laws of nineteen hundred
fifty-five, as amended, the interstate compact on the placement of chil-
dren, as set forth in section three hundred seventy-four-a of the social
services law, and the uniform child custody jurisdiction and enforcement
act, as set forth in article five-A of the domestic relations law.
  S  2.  Subdivision  (a)  of  section  249  of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  In  a  proceeding  under article three, seven, ten [or], ten-A OR
TEN-B of this act or where  a  revocation  of  an  adoption  consent  is
opposed  under  section  one hundred fifteen-b of the domestic relations
law or in any proceeding  under  section  three  hundred  fifty-eight-a,
three hundred eighty-three-c, three hundred eighty-four or three hundred
eighty-four-b of the social services law or when a minor is sought to be
placed  in  protective  custody under section one hundred fifty-eight of
this act, the family court shall appoint  an  attorney  to  represent  a
minor who is the subject of the proceeding or who is sought to be placed
in protective custody, if independent legal representation is not avail-
able  to  such minor. In any proceeding to extend or continue the place-
ment of a juvenile delinquent or person in need of supervision  pursuant
to  section seven hundred fifty-six or 353.3 of this act or any proceed-
ing to extend or continue a commitment to the custody of the commission-
er of mental health or the commissioner of mental retardation and devel-
opmental disabilities pursuant to section 322.2 of this act,  the  court
shall  not permit the respondent to waive the right to be represented by
counsel chosen by the respondent, respondent's parent, or  other  person
legally  responsible  for the respondent's care, or by assigned counsel.
In any other proceeding in which the court has jurisdiction,  the  court
may  appoint an attorney to represent the child, when, in the opinion of
the family court judge, such representation will serve the  purposes  of
this  act,  if  independent legal counsel is not available to the child.
The family court on its own motion may make such appointment.
  S 3. Paragraph (iv) of subdivision (a) of section 262  of  the  family
court  act, as amended by chapter 437 of the laws of 2006, is amended to
read as follows:
  (iv) the parent, foster parent, or other  person  having  physical  or
legal  custody  of  the  child in any proceeding under article ten [or],
ten-A OR TEN-B of this act or section three hundred fifty-eight-a, three
hundred  eighty-four  or  three  hundred  eighty-four-b  of  the  social
services  law,  and  a  non-custodial  parent or grandparent served with
notice pursuant to paragraph (e) of subdivision  two  of  section  three
hundred eighty-four-a of the social services law;
  S  4.  The family court act is amended by adding a new article 10-B to
read as follows:
                               ARTICLE 10-B
                           DESTITUTE CHILDREN
SECTION 1091. DEFINITIONS.
        1092. ORIGINATING PROCEEDINGS AND PRELIMINARY PROCEDURE.
        1093. INITIAL APPEARANCE.
        1094. FACT FINDING AND DISPOSITION.
  S 1091. DEFINITIONS. WHEN USED IN THIS  ARTICLE  UNLESS  THE  SPECIFIC
CONTEXT INDICATES OTHERWISE:
  (A)  "DESTITUTE  CHILD"  SHALL  MEAN  A CHILD WITH NO PARENT OR PERSON
LEGALLY RESPONSIBLE AVAILABLE TO SAFELY CARE FOR HIM OR HER,  WHO  MEETS

S. 5267--A                          3

THE  DEFINITION  OF "DESTITUTE CHILD" AS DEFINED IN PARAGRAPH (B) OR (D)
OF SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE  SOCIAL
SERVICES LAW.
  (B) "THE CHILD" SHALL MEAN A DESTITUTE CHILD, OR A CHILD ALLEGED TO BE
A DESTITUTE CHILD AS DEFINED IN SUBDIVISION (A) OF THIS SECTION.
  (C)  "PARENT"  SHALL  MEAN ANY LIVING BIOLOGICAL OR ADOPTIVE PARENT OF
THE CHILD WHOSE RIGHTS HAVE NOT BEEN TERMINATED OR SURRENDERED.
  (D) "PERSON LEGALLY RESPONSIBLE" SHALL MEAN THE CUSTODIAN OR  GUARDIAN
OF  THE  DESTITUTE  CHILD OR ANY OTHER ADULT RESPONSIBLE FOR THE CARE OF
SUCH CHILD AT THE RELEVANT TIME.
  (E) "PERMANENCY HEARING" SHALL MEAN "PERMANENCY HEARING" AS DEFINED IN
SUBDIVISION (K) OF SECTION ONE THOUSAND TWELVE OF THIS ACT.
  (F) "AGENCY" SHALL MEAN THE LOCAL DEPARTMENT OF SOCIAL SERVICES OR  IN
A  CITY  HAVING  A POPULATION OF ONE MILLION OR MORE, THE ADMINISTRATION
FOR CHILDREN'S SERVICES.
  (G) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE APPLICABLE AGEN-
CY, AS DEFINED IN SUBDIVISION (F) OF THIS SECTION.
  S  1092.  ORIGINATING  PROCEEDINGS  AND  PRELIMINARY  PROCEDURE.   (A)
PROCEEDINGS UNDER THIS ARTICLE SHALL BE ORIGINATED BY AN AGENCY FILING A
PETITION CONTAINING AN ALLEGATION THAT THE CHILD IN QUESTION IS A DESTI-
TUTE  CHILD  AS DEFINED BY SECTION ONE THOUSAND NINETY-ONE OF THIS ARTI-
CLE.
  (B) A COMMISSIONER WHO ACCEPTS AS A PUBLIC CHARGE THE CARE OF A  CHILD
WHO  APPEARS  TO  BE  A  DESTITUTE CHILD SHALL FORTHWITH FILE A PETITION
PURSUANT TO THIS SECTION AFTER ACCEPTING THE CARE OF  SUCH  CHILD.  SUCH
PETITION  SHALL BE FILED IN THE FAMILY COURT LOCATED IN THE COUNTY WHERE
THE AGENCY IS LOCATED.
  (C) CONTENTS OF THE PETITION.  (1)  THE  PETITION  SHALL  ALLEGE  UPON
INFORMATION AND BELIEF:
  (I)  THE  MANNER,  DATE  AND CIRCUMSTANCE UNDER WHICH THE CHILD BECAME
KNOWN TO THE AGENCY;
  (II) THE CHILD'S DATE OF BIRTH;
  (III) THAT THE CHILD IS A DESTITUTE CHILD AS  DEFINED  IN  SUBDIVISION
(A) OF SECTION ONE THOUSAND NINETY-ONE OF THIS ARTICLE;
  (IV) THE IDENTITY OF THE PARENT OR PARENTS OF THE CHILD IN QUESTION;
  (V) WHETHER THE PARENT OR PARENTS OF THE CHILD ARE LIVING OR DECEASED;
  (VI) THE WHEREABOUTS AND LAST KNOWN ADDRESS FOR THE PARENT OR PARENTS;
  (VII)  THE EFFORTS, IF ANY, WHICH WERE MADE PRIOR TO THE FILING OF THE
PETITION TO PREVENT THE REMOVAL OF THE CHILD FROM THE HOME AND  IF  SUCH
EFFORTS WERE NOT MADE, THE REASONS WHY; AND
  (VIII) THE EFFORTS, IF ANY, WHICH WERE MADE PRIOR TO THE FILING OF THE
PETITION  TO  ALLOW THE CHILD TO RETURN SAFELY HOME, AND IF SUCH EFFORTS
WERE NOT MADE, THE REASONS WHY.
  (2) THE PETITION SHALL CONTAIN A NOTICE IN CONSPICUOUS PRINT PROVIDING
THAT IF THE CHILD REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST  RECENT
TWENTY-TWO  MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION
TO TERMINATE PARENTAL RIGHTS.
  (D) NOTICE. (1) ON THE FILING OF A PETITION UNDER THIS  ARTICLE  IF  A
PARENT  OR PERSON LEGALLY RESPONSIBLE FOR THE CHILD IS IDENTIFIED IN THE
PETITION, THE COURT SHALL CAUSE A COPY OF THE PETITION AND A SUMMONS  TO
BE  ISSUED  THE SAME DAY THE PETITION IS FILED, REQUIRING SUCH PARENT OR
PERSON LEGALLY RESPONSIBLE FOR THE CHILD  TO  APPEAR  IN  COURT  ON  THE
RETURN  DATE  TO  ANSWER THE PETITION. SERVICE OF A SUMMONS AND PETITION
UNDER THIS ARTICLE SHALL BE MADE BY DELIVERY OF A TRUE COPY  THEREOF  TO
THE  PERSON  SUMMONED  AT LEAST TWENTY-FOUR HOURS BEFORE THE TIME STATED
THEREIN FOR APPEARANCE. THE COURT MAY SEND PROCESS WITHOUT THE STATE  IN

S. 5267--A                          4

THE  SAME  MANNER  AND  WITH  THE SAME EFFECT AS PROCESS SENT WITHIN THE
STATE IN THE EXERCISE OF PERSONAL JURISDICTION OVER ANY  PERSON  SUBJECT
TO  THE  JURISDICTION  OF  THE  COURT UNDER SECTION THREE HUNDRED ONE OR
THREE  HUNDRED  TWO OF THE CIVIL PRACTICE LAW AND RULES, NOTWITHSTANDING
THAT SUCH PERSON IS NOT A RESIDENT OR DOMICILIARY OF  THE  STATE,  WHERE
THE ALLEGEDLY DESTITUTE CHILD WAS FOUND WITHIN THE STATE.  WHERE SERVICE
IS  EFFECTED  ON AN OUT OF STATE RESPONDENT  AND THE RESPONDENT DEFAULTS
BY FAILING TO APPEAR TO ANSWER THE PETITION, THE COURT MAY  ON  ITS  OWN
MOTION,  OR UPON APPLICATION OF ANY PARTY OR THE LAW GUARDIAN PROCEED TO
A FACT FINDING HEARING THEREON. IF  AFTER  REASONABLE  EFFORT,  PERSONAL
SERVICE IS  NOT MADE, THE COURT MAY AT ANY STAGE IN THE PROCEEDINGS MAKE
AN  ORDER  PROVIDING  FOR SUBSTITUTED SERVICE IN THE MANNER PROVIDED FOR
SUBSTITUTED SERVICE IN CIVIL PROCESS IN COURTS OF RECORD. IF THE  PARENT
OR PARENTS OF THE CHILD IS OR ARE DECEASED AND NO PERSON LEGALLY RESPON-
SIBLE  FOR  THE CHILD HAS BEEN IDENTIFIED, THEN NOTICE OF THE PROCEEDING
AND A COPY OF THE PETITION SHALL BE MADE UPON SUCH PERSONS AND  IN  SUCH
MANNER AS THE COURT MAY DIRECT.
  (2) THE SUMMONS SHALL CONTAIN A STATEMENT IN CONSPICUOUS PRINT INFORM-
ING  THE  PARENT  OR OTHER PERSONS LEGALLY RESPONSIBLE THAT IF THE CHILD
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
THE AGENCY MAY BE REQUIRED BY  LAW  TO  FILE  A  PETITION  TO  TERMINATE
PARENTAL RIGHTS.
  S  1093.  INITIAL  APPEARANCE. (A) AT THE INITIAL APPEARANCE THE COURT
SHALL:
  (1) APPOINT A LAW GUARDIAN TO REPRESENT THE CHILD;
  (2) (I) DETERMINE WHETHER PLACEMENT OF THE CHILD IN THE TEMPORARY CARE
AND CUSTODY OF THE COMMISSIONER IS IN THE BEST INTERESTS OF THE CHILD.
  (II) IF THE COURT PLACES THE CHILD IN THE TEMPORARY CARE  AND  CUSTODY
OF  THE  COMMISSIONER  PURSUANT  TO THIS PARAGRAPH THE COURT SHALL SET A
DATE CERTAIN FOR THE FACT FINDING AND DISPOSITION  HEARING  PURSUANT  TO
SECTION ONE THOUSAND NINETY-FOUR OF THIS ARTICLE AND THE INITIAL PERMAN-
ENCY HEARING PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (A) OF SECTION ONE
THOUSAND  EIGHTY-NINE  OF  THIS  ACT.  THE  DATE CERTAIN FOR THE INITIAL
PERMANENCY HEARING SHALL BE NO LATER THAN EIGHT MONTHS FROM THE DATE THE
SOCIAL SERVICES OFFICIAL ACCEPTED CARE OF THE CHILD;
  (3) DETERMINE WHETHER IT WOULD BE CONTRARY TO THE WELFARE OF THE CHILD
TO CONTINUE IN HIS OR HER OWN HOME;
  (4) DETERMINE WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE PLACE-
MENT OF THE CHILD INTO FOSTER CARE TO PREVENT OR ELIMINATE THE NEED  FOR
REMOVAL  OF THE CHILD FROM HIS OR HER HOME, AND IF SUCH EFFORTS WERE NOT
MADE WHETHER THE LACK OF SUCH EFFORTS WERE APPROPRIATE UNDER THE CIRCUM-
STANCES;
  (5) DETERMINE, WHERE APPROPRIATE, IF REASONABLE EFFORTS WERE  MADE  TO
MAKE IT POSSIBLE FOR THE CHILD TO RETURN SAFELY HOME; AND
  (6) INCLUDED THE FINDINGS MADE PURSUANT TO PARAGRAPHS ONE THROUGH FIVE
OF THIS SUBDIVISION IN A WRITTEN ORDER.
  (B)  IF  THE  COURT  PLACES  THE CHILD IN THE TEMPORARY CUSTODY OF THE
COMMISSIONER PURSUANT TO SUBDIVISION (A) OF THIS SECTION THE  COURT  MAY
ORDER THE AGENCY TO CONDUCT AN INVESTIGATION OF THE FAMILY CIRCUMSTANCES
OF THE CHILD, INCLUDING, BUT NOT LIMITED TO:
  (1) WHETHER THE CHILD MAY BE AN ABUSED OR MALTREATED CHILD;
  (I)  IF  THE COURT HAS REASONABLE CAUSE TO SUSPECT THE CHILD IS ABUSED
OR MALTREATED THE COURT MAY REQUEST THE AGENCY TO CAUSE  A  CALL  TO  BE
MADE  TO THE STATEWIDE CENTRAL REGISTER FOR CHILD ABUSE AND MALTREATMENT
PURSUANT TO SECTION FOUR HUNDRED FOURTEEN OF THE SOCIAL SERVICES LAW; OR

S. 5267--A                          5

  (II) IF THE COURT HAS REASONABLE CAUSE TO SUSPECT THE CHILD MAY BE  AN
ABUSED  CHILD  AS  DEFINED  IN  SUBDIVISION  (E) OF SECTION ONE THOUSAND
TWELVE OF THIS ACT OR A NEGLECTED CHILD AS DEFINED IN SUBDIVISION (F) OF
SECTION ONE THOUSAND TWELVE OF THIS ACT, THE COURT MAY REQUEST THE AGEN-
CY TO FILE A PETITION IN REGARDS TO THE CHILD PURSUANT TO ARTICLE TEN OF
THIS ACT; AND
  (2)  (I) THE IDENTITY OR WHEREABOUTS OF ANY RELATIVES WHO MAY BE WILL-
ING TO CARE FOR THE CHILD; OR
  (II) IF A RELATIVE OR OTHER SUITABLE PERSON WILLING TO  CARE  FOR  THE
CHILD  IS KNOWN TO THE COURT, THE COURT MAY DIRECT THAT THE COMMISSIONER
HAVE THE CHILD LIVE WITH SUCH RELATIVE OR  OTHER  SUITABLE  PERSON,  AND
COMMENCE  AN INVESTIGATION INTO THE HOME OF SUCH RELATIVE 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.
  S  1094. FACT FINDING AND DISPOSITION. (A) THE COURT SHALL SUSTAIN THE
PETITION AND MAKE A FINDING THAT A CHILD IS  DESTITUTE  IF  BASED  ON  A
PREPONDERANCE  OF  EVIDENCE  PRESENTED,  THE  COURT FINDS THAT THE CHILD
MEETS THE DEFINITION OF A DESTITUTE CHILD AS  DESCRIBED  IN  SUBDIVISION
(A)  OF  SECTION  ONE  THOUSAND NINETY-ONE OF THIS ARTICLE. IF THE COURT
SUSTAINS THE PETITION PURSUANT TO THIS SUBDIVISION,  IT  SHALL  ISSUE  A
WRITTEN ORDER WHICH:
  (1) PLACES THE CHILD IN THE CARE AND CUSTODY OF THE COMMISSIONER;
  (2)  LISTS THE DATE CERTAIN FOR THE NEXT SCHEDULED PERMANENCY HEARING;
AND
  (3) STATES THE GROUNDS FOR THE COURT'S FINDING PURSUANT TO THIS SUBDI-
VISION.
  (B) IF THE COURT FINDS THAT BASED ON THE EVIDENCE PRESENTED THE  CHILD
DOES NOT MEET THE DEFINITION OF A DESTITUTE CHILD AS DESCRIBED IN SUBDI-
VISION (A) OF SECTION ONE THOUSAND NINETY-ONE OF THIS ARTICLE, THE COURT
SHALL DISMISS THE PETITION.
  (C)  IF THE COURT FINDS THAT BASED ON THE EVIDENCE PRESENTED THE CHILD
DOES NOT MEET THE DEFINITION OF A DESTITUTE CHILD AS DESCRIBED IN SUBDI-
VISION (A) OF SECTION ONE THOUSAND NINETY-ONE OF THIS ARTICLE,  BUT  THE
COURT  FINDS  THAT  IT APPEARS THAT THE CHILD MEETS THE DEFINITION OF AN
ABUSED CHILD PURSUANT TO SUBDIVISION (E) OF SECTION ONE THOUSAND  TWELVE
OF  THIS ACT OR A NEGLECTED CHILD PURSUANT TO SUBDIVISION (F) OF SECTION
ONE THOUSAND TWELVE OF THIS ACT, THE COURT MAY  REQUEST  THE  AGENCY  TO
FILE A PETITION REGARDING THE CHILD FORTHWITH PURSUANT TO ARTICLE TEN OF
THIS  ACT,  PRIOR TO DISMISSING THE PETITION PURSUANT TO SUBDIVISION (B)
OF THIS SECTION.
  S 5. Section 1086 of the family court act, as added by section  27  of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S  1086.  Purpose. The purpose of this article is to establish uniform
procedures for permanency hearings for all children who  are  placed  in
foster  care  pursuant  to  section  three  hundred fifty-eight-a, three
hundred  eighty-four  or  three  hundred  eighty-four-a  of  the  social
services  law  or pursuant to section one thousand twenty-two, one thou-
sand  twenty-seven,  [or]   one   thousand   fifty-two,   ONE   THOUSAND
NINETY-THREE  OR  ONE THOUSAND NINETY-FOUR of this act; children who are
directly placed with a relative pursuant to section one thousand  seven-
teen  or one thousand fifty-five of this act; and children who are freed
for adoption. It is meant to provide children placed out of their  homes
timely  and  effective  judicial review that promotes permanency, safety
and well-being in their lives.

S. 5267--A                          6

  S 6. Subdivision (a) of section 1087 of the family court act, as added
by section 27 of part A of chapter 3 of the laws of 2005, is amended  to
read as follows:
  (a)  "Child"  shall  mean  a  person  under the age of eighteen who is
placed in foster care pursuant to section three  hundred  fifty-eight-a,
three  hundred  eighty-four or three hundred eighty-four-a of the social
services law or pursuant to section one thousand twenty-two,  one  thou-
sand   twenty-seven,   [or]   one   thousand   fifty-two,  ONE  THOUSAND
NINETY-THREE OR ONE THOUSAND NINETY-FOUR of this act; or directly placed
with a relative pursuant to section one thousand seventeen or one  thou-
sand  fifty-five  of  this  act; or who has been freed for adoption or a
person between the ages of eighteen and twenty-one who has consented  to
continuation in foster care.
  S 7. Section 1088 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
  S  1088.  Continuing court jurisdiction. If a child is placed pursuant
to section three hundred fifty-eight-a, three  hundred  eighty-four,  or
three  hundred  eighty-four-a of the social services law, or pursuant to
section one thousand seventeen, one thousand  twenty-two,  one  thousand
twenty-seven  [or], one thousand fifty-two, ONE THOUSAND NINETY-THREE OR
ONE THOUSAND NINETY-FOUR of this act, or directly placed with a relative
pursuant to section one thousand seventeen or one thousand fifty-five of
this act; or if the child is freed  for  adoption  pursuant  to  section
three hundred eighty-three-c, three hundred eighty-four or three hundred
eighty-four-b  of  the social services law, the case shall remain on the
court's calendar and the court shall maintain jurisdiction over the case
until the child is discharged from placement and  all  orders  regarding
supervision, protection or services have expired. The court shall rehear
the  matter  whenever it deems necessary or desirable, or upon motion by
any party entitled to notice in proceedings under this  article,  or  by
the  attorney  for  the  child,  and  whenever  a  permanency hearing is
required by this article. While the court  maintains  jurisdiction  over
the  case,  the  provisions of section one thousand thirty-eight of this
act shall continue to apply.
  S 8. Paragraph 2 of subdivision (a) of  section  1089  of  the  family
court  act, as amended by chapter 437 of the laws of 2006, is amended to
read as follows:
  (2) All other permanency hearings. At the conclusion  of  the  hearing
pursuant  to section one thousand twenty-two, one thousand twenty-seven,
[or] one thousand fifty-two, ONE THOUSAND NINETY-THREE OR  ONE  THOUSAND
NINETY-FOUR  of  this  act at which the child was remanded or placed and
upon the court's approval of a voluntary placement  instrument  pursuant
to  section  three hundred fifty-eight-a of the social services law, the
court shall set a date certain for an initial permanency hearing, advise
all parties in court of the date set and include the date in the  order.
Orders issued in subsequent court hearings prior to the permanency hear-
ing, including, but not limited to, the order of placement issued pursu-
ant  to  section  one thousand fifty-five of this act, shall include the
date certain for the permanency hearing. The initial permanency  hearing
shall be commenced no later than six months from the date which is sixty
days  after the child was removed from his or her home; provided, howev-
er, that if a sibling or half-sibling of the child has  previously  been
removed  from  the home and has a permanency hearing date certain sched-
uled within the next eight months, the permanency hearing for each child
subsequently removed from the home shall be scheduled on the  same  date
certain  that  has  been  set for the first child removed from the home,

S. 5267--A                          7

unless such sibling or half-sibling  has  been  removed  from  the  home
pursuant  to  article three or seven of this act. The permanency hearing
shall be completed within thirty days of the scheduled date certain.
  S  9.  Subdivision  (a)  of  section  1090 of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  If  an  attorney  for  the child has been appointed by the family
court in a proceeding pursuant to section three  hundred  fifty-eight-a,
three  hundred  eighty-three-c,  three  hundred  eighty-four,  or  three
hundred eighty-four-b of the social services  law,  or  article  ten  OR
TEN-B  of  this act, the appointment of the attorney for the child shall
continue without further court  order  or  appointment,  unless  another
appointment  of  an  attorney  for the child has been made by the court,
until the child is discharged from placement and  all  orders  regarding
supervision,  protection  or services have expired. All notices, reports
and motions required by law shall be provided to the  child's  attorney.
The  child's  attorney may be relieved of his or her representation upon
application to the  court  for  termination  of  the  appointment.  Upon
approval of the application, the court shall immediately appoint another
attorney to whom all notices, reports, and motions required by law shall
be provided.
  S  10.  Subdivision  1  of  section  398 of the social services law is
amended to read as follows:
  1. As to destitute children: Assume charge of and provide support  for
any destitute child who cannot be properly cared for in his home, AND IF
IT  IS NECESSARY FOR THE COMMISSIONER TO TAKE CUSTODY OF THE CHILD, FILE
A PETITION PURSUANT TO SECTION ONE THOUSAND  NINETY-TWO  OF  THE  FAMILY
COURT ACT.
  S  11.  Paragraph  (i)  of  subdivision 6 of section 398 of the social
services law is REPEALED.
  S 12. This act shall take effect immediately; provided, however,  that
local social services districts may wait up to ninety days subsequent to
the  effective  date  of  this  act to file petitions in accordance with
subdivision (b) of section one thousand ninety-two of the  family  court
act  as  added by section four of this act, for children who were in the
care of such district on the effective date of this  act  who  meet  the
definition of destitute child as described in subdivision (a) of section
one thousand ninety-one of the family court act as added by section four
of this act.