Assembly Bill A10218A

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

                                  10218

                          I N  A S S E M B L Y

                              May 15, 2012
                               ___________

Introduced  by  M.  of  A.  N. RIVERA, CRESPO, LINARES, MOYA, J. RIVERA,
  P. RIVERA, BARRON, CASTRO, STEVENSON, RODRIGUEZ -- Multi-Sponsored  by
  --  M. of A. ARROYO, AUBRY, BOYLAND, ESPINAL, GIBSON, HEASTIE, HOOPER,
  JEFFRIES, KAVANAGH,  V. LOPEZ,  MENG,  PEOPLES-STOKES,  PERRY,  RAMOS,
  TITUS -- read once and referred to the Committee on Aging

AN  ACT  to  amend  the  elder  law  and  the domestic relations law, in
  relation to the notification of certain relatives prior to the  place-
  ment of children

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

  Section 1. Section 202 of the elder law is amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  TO  MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION SEVENTY-TWO OF
THE DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE  GOVER-
NOR  ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT PROCE-
DURES.
  S 2. Subdivision 2 of section 72 of the  domestic  relations  law,  as
added by chapter 657 of the laws of 2003, is amended to read as follows:
  2.    (a)  Where  a  grandparent or the grandparents of a minor child,
residing within this state, OR THE RELATIVE OF  A  MINOR  CHILD  WHO  IS
RELATED  WITHIN  THE  THIRD  DEGREE OF CONSANGUINITY TO EITHER PARENT OF
SUCH CHILD AND WHO IS RESIDING IN THIS STATE,  can  demonstrate  to  the
satisfaction  of the court the existence of extraordinary circumstances,
such grandparent or grandparents OR RELATIVE of such child may apply  to
the  supreme  court  by commencing a special proceeding or for a writ of
habeas corpus to have such child brought before such court, or may apply
to family court pursuant to  subdivision  (b)  of  section  six  hundred
fifty-one of the family court act; and on the return thereof, the court,
by  order,  after  due notice to the parent or any other person or party
having the care, custody, and control of such child, to be given in such
manner as the court shall prescribe, may make  such  directions  as  the
best  interests  of  the  child may require, for custody rights for such
grandparent or grandparents OR RELATIVE in respect  to  such  child.  An

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-05-2
              

A. 10218                            2

extended disruption of custody, as such term is defined in this section,
shall constitute an extraordinary circumstance.
  (b)  For the purposes of this section "extended disruption of custody"
shall include, but not be limited to,  a  prolonged  separation  of  the
respondent  parent  and  the  child  for at least twenty-four continuous
months BEFORE THE COMMENCEMENT OF THE PROCEEDING, during which TIME  the
parent  voluntarily  relinquished  care and control of the child and the
child resided in the household of the petitioner grandparent  or  grand-
parents  OR  RELATIVE,  provided,  however, that the court may find that
extraordinary circumstances exist should the prolonged  separation  have
lasted  for  less  than  twenty-four months DURING WHICH TIME PETITIONER
GRANDPARENT OR GRANDPARENTS OR RELATIVE ACTED AS  PERSONS  ACTING  AS  A
PARENT  AS  DEFINED IN SUBDIVISION THIRTEEN OF SECTION SEVENTY-FIVE-A OF
THIS CHAPTER.
  (c) Nothing in this section shall limit  the  ability  of  parties  to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S 3. This act shall take effect immediately.