S T A T E   O F   N E W   Y O R K
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                                  4599

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Children and Families

AN ACT to amend the family court act, in relation to  dispositional  and
  permanency  hearings  in  juvenile  delinquency and persons in need of
  supervision proceedings

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

  Section  1. Section 353.3 of the family court act is amended by adding
a new subdivision 4-a to read as follows:
  4-A. WHEN THE RESPONDENT IS PLACED IN A NON-SECURE FACILITY OR  FOSTER
CARE  HOME PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OR SUBDIVISION
FOUR OF THIS SECTION, THE DISPOSITIONAL ORDER OR AN  ATTACHMENT  TO  THE
ORDER INCORPORATED BY REFERENCE INTO THE ORDER SHALL INCLUDE:
  (A) A DESCRIPTION OF THE VISITATION PLAN;
  (B) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN
DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV-
ERED  TO THE PRESENTMENT AGENCY, LAW GUARDIAN AND PARENT OR OTHER PERSON
OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT  NO  LATER
THAN NINETY DAYS FROM THE DATE THE DISPOSITION WAS MADE; AND
  (C)  A  DIRECTION  THAT  THE PARENT OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING CONFER-
ENCES, OF THEIR RIGHT TO ATTEND THE CONFERENCES, AND OF THEIR  RIGHT  TO
HAVE  COUNSEL  OR  OTHER  REPRESENTATIVE  OR COMPANION WITH THEM. IF THE
RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF SOCIAL SERVICES, THE
ORDER SHALL CONTAIN A DIRECTION THAT  THE  PARENT  OR  OTHER  PERSON  OR
PERSONS  LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR  OTHER  REPRESEN-
TATIVE OR COMPANION WITH THEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07508-01-9

              

A. 4599                             2

  A  COPY  OF  THE  COURT'S  ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
PARENT OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR  THE  CARE  OF
THE  RESPONDENT.  THE  ORDER  ALSO  SHALL  CONTAIN  A NOTICE THAT IF THE
RESPONDENT  REMAINS  IN  PLACEMENT  FOR  FIFTEEN  OF  THE  MOST   RECENT
TWENTY-TWO  MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION
TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PERSON LEGALLY RESPON-
SIBLE FOR THE RESPONDENT.
  S 2. Subdivision 9 of section 355.5 of the family court act, as renum-
bered by section 2 of part B of chapter 327 of  the  laws  of  2007,  is
renumbered  subdivision  10  and a new subdivision 9 is added to read as
follows:
  9. IF THE ORDER RESULTING FROM  THE  PERMANENCY  HEARING  EXTENDS  THE
RESPONDENT'S  PLACEMENT PURSUANT TO SECTION 355.3 OF THIS PART IN A NON-
SECURE FOSTER HOME OR FACILITY OR IF THE RESPONDENT  CONTINUES  IN  SUCH
PLACEMENT  UNDER  A PRIOR ORDER, THE ORDER OR AN ATTACHMENT TO THE ORDER
INCORPORATED INTO THE ORDER BY REFERENCE SHALL INCLUDE:
  (A) A DESCRIPTION OF THE VISITATION PLAN;
  (B) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
  (C) A DIRECTION THAT THE PARENT OR OTHER  PERSON  OR  PERSONS  LEGALLY
RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING CONFER-
ENCES,  INCLUDING  THOSE  HELD  PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES, AND THEIR RIGHT TO HAVE COUNSEL OR OTHER REPRESENTATIVE
OR COMPANION WITH THEM.
  A COPY OF THE COURT'S ORDER AND THE ATTACHMENTS SHALL BE GIVEN TO  THE
PARENT  OR  OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE RESPOND-
ENT. THE ORDER ALSO SHALL  CONTAIN  A  NOTICE  THAT  IF  THE  RESPONDENT
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 THE
PARENTAL RIGHTS OF THE PARENT OR  PERSON  LEGALLY  RESPONSIBLE  FOR  THE
RESPONDENT.
  S  3.  Section  756 of the family court act is amended by adding a new
subdivision (d) to read as follows:
  (D) WHEN THE RESPONDENT IS PLACED PURSUANT TO THIS SECTION, THE DISPO-
SITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED  BY  REFERENCE
INTO THE ORDER SHALL INCLUDE:
  (I) A DESCRIPTION OF THE VISITATION PLAN;
  (II)  A  SERVICE  PLAN,  IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET
BEEN DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE  COURT  AND
DELIVERED  TO  THE  PRESENTMENT AGENCY, LAW GUARDIAN AND PARENT OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT  NO
LATER THAN NINETY DAYS FROM THE DATE THE DISPOSITION WAS MADE; AND
  (III)  A  DIRECTION THAT THE PARENT OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING CONFER-
ENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION  FOUR  HUNDRED
NINE-E  OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND THE CONFER-
ENCES, AND OF THEIR RIGHT TO HAVE COUNSEL  OR  OTHER  REPRESENTATIVE  OR
COMPANION WITH THEM.
  A  COPY  OF  THE  COURT'S  ORDER  AND ATTACHMENT SHALL BE GIVEN TO THE
PARENT OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR  THE  CARE  OF
THE  RESPONDENT.  THE  ORDER  ALSO  SHALL  CONTAIN  A NOTICE THAT IF THE
RESPONDENT  REMAINS  IN  PLACEMENT  FOR  FIFTEEN  OF  THE  MOST   RECENT
TWENTY-TWO  MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION
TO TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PERSON LEGALLY RESPON-
SIBLE FOR THE RESPONDENT.

A. 4599                             3

  S 4. Subdivisions (e) and (f) of section 756-a of the family court act
are relettered subdivisions (f) and (g) and a  new  subdivision  (e)  is
added to read as follows:
  (E)  IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS THE RESPONDENT'S
PLACEMENT OR IF THE RESPONDENT CONTINUES  IN  PLACEMENT  UNDER  A  PRIOR
ORDER,  THE  ORDER  OR  AN ATTACHMENT TO THE ORDER INCORPORATED INTO THE
ORDER BY REFERENCE SHALL INCLUDE:
  (I) A DESCRIPTION OF THE VISITATION PLAN;
  (II) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
  (III) A DIRECTION THAT THE PARENT OR OTHER PERSONS LEGALLY RESPONSIBLE
FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING CONFERENCES  TO  BE
HELD PURSUANT TO SUBDIVISION THREE OF SECTION FOUR HUNDRED NINE-E OF THE
SOCIAL  SERVICES  LAW,  OF  THEIR RIGHT TO ATTEND THE CONFERENCES AND OF
THEIR RIGHT TO HAVE COUNSEL OR OTHER REPRESENTATIVE  OR  COMPANION  WITH
THEM.
  A COPY OF THE COURT'S ORDER AND THE SERVICE PLAN SHALL BE GIVEN TO THE
PARENT  OR  OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE RESPOND-
ENT. THE ORDER ALSO SHALL  CONTAIN  A  NOTICE  THAT  IF  THE  RESPONDENT
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 THE
PARENTAL RIGHTS OF THE PARENT OR OTHER PERSON  LEGALLY  RESPONSIBLE  FOR
THE RESPONDENT.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all petitions  filed  on  or  after
such date.