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Senate Bill S8037

2009-2010 Legislative Session

Delays administrative fair hearings of child abuse or maltreatment until family court proceedings have been concluded

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S8037 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§1039 & 1051, Fam Ct Act; amd §§22, 422 & 424-a, Soc Serv L

2009-S8037 (ACTIVE) - Summary

Delays administrative fair hearings of child abuse or maltreatment until family court procedings have been concluded.

2009-S8037 (ACTIVE) - Sponsor Memo

2009-S8037 (ACTIVE) - Bill Text download pdf

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

                                  8037

                            I N  S E N A T E

                              June 2, 2010
                               ___________

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  administrative  fair hearings regarding reports of child
  abuse or maltreatment in the statewide central registry

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

  Section 1. Subdivision (f) of section 1039 of the family court act, as
amended chapter 601 of the laws of 1985, is amended to read as follows:
  (f) If the proceeding is not so restored to the calendar, the petition
is,  at  the  expiration  of the adjournment period, deemed to have been
dismissed by the court in furtherance of justice unless  an  application
is pending pursuant to subdivision (e) of this section. If such applica-
tion  is  granted, the petition shall not be dismissed and shall proceed
in accordance with the provisions of such subdivision (e).    THE  PETI-
TIONER  SHALL  NOTIFY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, IN
ACCORDANCE WITH SECTIONS FOUR HUNDRED TWENTY-TWO AND FOUR HUNDRED  TWEN-
TY-FOUR-A  OF THE SOCIAL SERVICES LAW, OF THE OUTCOME OF THE ADJOURNMENT
IN CONTEMPLATION OF DISMISSAL, INCLUDING DISMISSAL OF THE PETITION  UPON
EXPIRATION OF THE ADJOURNMENT OR, WHERE THE PROCEEDING HAS BEEN RESTORED
TO  THE  CALENDAR,  OF ANY PROCEEDINGS UNDER THIS ARTICLE FOLLOWING SUCH
RESTORATION.
  S 2. Section 1051 of the family court act is amended by adding  a  new
subdivision (g) to read as follows:
  (G)  THE  PETITIONER  SHALL  NOTIFY  THE OFFICE OF CHILDREN AND FAMILY
SERVICES, IN ACCORDANCE WITH SECTIONS FOUR HUNDRED TWENTY-TWO  AND  FOUR
HUNDRED  TWENTY-FOUR-A  OF  THE  SOCIAL SERVICES LAW, OF ANY FINDINGS OF
ABUSE OR NEGLECT AND OF ANY ORDERS OF DISMISSAL ENTERED PURSUANT TO THIS
SECTION.
  S 3. Paragraph (a) of subdivision  4  of  section  22  of  the  social
services  law, as amended by chapter 341 of the laws of 1988, is amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16884-01-0
              

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