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Assembly Bill A5005

2009-2010 Legislative Session

Makes provisions regarding the removal of children by social services officials

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Archive: Last Bill Status - In Assembly Committee

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2009-A5005 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง400, Soc Serv L

2009-A5005 (ACTIVE) - Summary

Allows a foster parent to contest decisions of a social services official for removal of a child from their home and provides that if timely made the child shall not be moved until after the appeal is heard unless necessary to protect the health and safety of the child; does not permit such hearing or appeal from a decision to discharge a child from foster care to his or her parent.

2009-A5005 (ACTIVE) - Bill Text download pdf 

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

                                  5005

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Children and Families

AN  ACT  to amend the social services law, in relation to the removal of
  children by social services officials

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

  Section 1. Subdivision 2 of section 400 of the social services law, as
amended  by  chapter  473  of  the  laws  of 1978, is amended to read as
follows:
  2.  Any person aggrieved by such decision of a social  services  offi-
cial,  EXCEPT  A  DECISION TO DISCHARGE A CHILD FROM CARE, may appeal to
the [department] OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to  the
provisions  of section twenty-two of this chapter. WHERE A FOSTER PARENT
FILES A TIMELY NOTICE REQUESTING SUCH AN APPEAL, THE CHILD SHALL NOT  BE
MOVED  UNTIL  AFTER  SUCH  APPEAL  IS HEARD, EXCEPT WHERE SUCH A MOVE IS
NECESSARY TO PROTECT THE HEALTH OR SAFETY OF THE CHILD.
  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.
                                                           LBD08362-01-9

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