senate Bill S3868A

Signed By Governor
2009-2010 Legislative Session

Authorizes the family court, in certain situations, to restore a birth parent's parental rights after they have been terminated

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8524 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 13, 2010 signed chap.343
Aug 03, 2010 delivered to governor
May 12, 2010 returned to assembly
passed senate
May 04, 2010 3rd reading cal.433
substituted for s3868a
May 04, 2010 substituted by a8524
May 03, 2010 advanced to third reading
Apr 28, 2010 2nd report cal.
Apr 27, 2010 1st report cal.433
Feb 02, 2010 reported and committed to codes
Jan 06, 2010 referred to children and families
Jun 02, 2009 print number 3868a
Jun 02, 2009 amend and recommit to codes
May 26, 2009 reported and committed to codes
Apr 02, 2009 referred to children and families

Votes

view votes

Apr 27, 2010 - Codes committee Vote

S3868A
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Feb 2, 2010 - Children and Families committee Vote

S3868A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Feb 2, 2010

S3868 - Details

See Assembly Version of this Bill:
A8524
Law Section:
Family Court Act
Laws Affected:
Add Art 6 Part 1-A §§635 - 637, amd §1089, Fam Ct Act; amd §384-b, Soc Serv L

S3868 - Summary

Provides a process for a petition to restore previously terminated parental rights under certain circumstances.

S3868 - Sponsor Memo

S3868 - Bill Text download pdf

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

                                  3868

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
  Administration) -- 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 and the  social  services  law,  in
  relation to restoration of parental rights

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

  Section 1. Article 6 of the family court act is amended  by  adding  a
new part 1-A to read as follows:
                                PART 1-A
       MODIFICATION OF DISPOSITION; RESTORATION OF PARENTAL RIGHTS
SECTION 635. PETITION TO RESTORE PARENTAL RIGHTS.
        636. ORIGINATING   A  PROCEEDING  TO  RESTORE  PARENTAL  RIGHTS;
              SERVICE AND VENUE.
        637. BURDEN OF PROOF, DISPOSITION AND FINDINGS.
  S 635. PETITION TO RESTORE PARENTAL RIGHTS. A  PETITION  TO  MODIFY  A
DISPOSITION  ORDERED  PURSUANT TO SUBDIVISION (C) OF SECTION SIX HUNDRED
THIRTY-ONE OF THIS ARTICLE OR PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF
SECTION  THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW IN ORDER
TO RESTORE PARENTAL RIGHTS MAY BE FILED IN  ACCORDANCE  WITH  THIS  PART
WHERE THE FOLLOWING CONDITIONS ARE MET:
  (A)  THE  ORDER  COMMITTING  GUARDIANSHIP AND CUSTODY OF THE CHILD HAD
BEEN ISSUED TWO OR MORE YEARS PRIOR TO THE DATE OF FILING OF  THE  PETI-
TION UNDER THIS SECTION; AND
  (B)  THE  ORDER  COMMITTING  GUARDIANSHIP AND CUSTODY OF THE CHILD HAD
BEEN BASED UPON AN ADJUDICATION UPON  GROUNDS  ENUMERATED  IN  PARAGRAPH
(B),   (C)   OR  (D)  OF  SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED
EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW; AND
  (C) THE PETITION ALLEGES THAT THE PETITIONER OR  PETITIONERS  AND  THE
RESPONDENT  OR  RESPONDENTS  IN THE PROCEEDING IN WHICH GUARDIANSHIP AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10367-01-9

Co-Sponsors

view additional co-sponsors

S3868A (ACTIVE) - Details

See Assembly Version of this Bill:
A8524
Law Section:
Family Court Act
Laws Affected:
Add Art 6 Part 1-A §§635 - 637, amd §1089, Fam Ct Act; amd §384-b, Soc Serv L

S3868A (ACTIVE) - Summary

Provides a process for a petition to restore previously terminated parental rights under certain circumstances.

S3868A (ACTIVE) - Sponsor Memo

S3868A (ACTIVE) - Bill Text download pdf

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

                                 3868--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by Sens. MONTGOMERY, HUNTLEY -- (at request of the Office of
  Court Administration) -- read twice  and  ordered  printed,  and  when
  printed  to  be committed to the Committee on Children and Families --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the family court act and the  social  services  law,  in
  relation to restoration of parental rights

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

  Section 1. Article 6 of the family court act is amended  by  adding  a
new part 1-A to read as follows:
                                PART 1-A
       MODIFICATION OF DISPOSITION; RESTORATION OF PARENTAL RIGHTS
SECTION 635. PETITION TO RESTORE PARENTAL RIGHTS.
        636. ORIGINATING   A  PROCEEDING  TO  RESTORE  PARENTAL  RIGHTS;
              SERVICE AND VENUE.
        637. BURDEN OF PROOF, DISPOSITION AND FINDINGS.
  S 635. PETITION TO RESTORE PARENTAL RIGHTS. A  PETITION  TO  MODIFY  A
DISPOSITION  ORDERED  PURSUANT TO SUBDIVISION (C) OF SECTION SIX HUNDRED
THIRTY-ONE OF THIS ARTICLE OR PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF
SECTION  THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW IN ORDER
TO RESTORE PARENTAL RIGHTS MAY BE FILED IN  ACCORDANCE  WITH  THIS  PART
WHERE THE FOLLOWING CONDITIONS ARE MET:
  (A)  THE  ORDER  COMMITTING  GUARDIANSHIP AND CUSTODY OF THE CHILD HAD
BEEN ISSUED TWO OR MORE YEARS PRIOR TO THE DATE OF FILING OF  THE  PETI-
TION UNDER THIS SECTION; AND
  (B)  THE  ORDER  COMMITTING  GUARDIANSHIP AND CUSTODY OF THE CHILD HAD
BEEN BASED UPON AN ADJUDICATION UPON  GROUNDS  ENUMERATED  IN  PARAGRAPH
(B),   (C)   OR  (D)  OF  SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED
EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10367-02-9

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