senate Bill S1749C

2011-2012 Legislative Session

Relates to the notification of certain relatives prior to the placement of children

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to judiciary
delivered to assembly
passed senate
Jun 05, 2012 amended on third reading (t) 1749c
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
amended 1749b
May 30, 2012 1st report cal.917
May 14, 2012 print number 1749a
amend and recommit to aging
Jan 04, 2012 referred to aging
Jan 12, 2011 referred to aging

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S1749 - Bill Details

See Assembly Version of this Bill:
A10218A
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in 2009-2010 Legislative Session:
S2033

S1749 - Bill Texts

view summary

Relates to the notification of certain relatives prior to the placement of children.

view sponsor memo
BILL NUMBER:S1749

TITLE OF BILL:
An act
to amend the elder law and the domestic relations
law, in relation to the notification of certain relatives prior to the
placement of children

SUMMARY OF PROVISIONS:

The bill makes the following amendments: Section 1- amends 202 of the
elder law to require the director to monitor kinship placements.
Section 2 - amends section 72 of the domestic relations law, to
include a relative within the third degree of consanguinity as
suitable for emergency placement of a child, if the court makes a
finding of extraordinary circumstances. Also extends the definition
of "extraordinary circumstances" to include a period of less than 245
months during which time the child resided for at least six months
continually with the parent, grandparent, or relative.

JUSTIFICATION:

Too often in our current system, children are placed in foster care
even though there may be relatives whose homes are available for
placement, and where the child can receive a safe and nurturing
environment. This bill will help increase the options for placement
in a manner that allows families to remain intact while reducing
further trauma for children placed in the foster care system.

PRIOR LEGISLATIVE HISTORY:

S.5968 - 2007 - Referred to Rules
S.5968A - 2008 - Referred to Aging
S.2033 - 2010 - Referred to Aging, Third Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  1749

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed 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 15 to read as follows:
  15.  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.
                                                           LBD04228-01-1

S. 1749                             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.

Co-Sponsors

S1749A - Bill Details

See Assembly Version of this Bill:
A10218A
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in 2009-2010 Legislative Session:
S2033

S1749A - Bill Texts

view summary

Relates to the notification of certain relatives prior to the placement of children.

view sponsor memo
BILL NUMBER:S1749A

TITLE OF BILL:

An act to amend the elder law and the domestic relations law, in
relation to the notification of certain relatives prior to the placement
of children

SUMMARY OF PROVISIONS:

The bill makes the following amendments: Section 1- amends 202 of the
elder law to require the director to monitor kinship placements.
Section 2 - amends section 72 of the domestic relations law, to include
a relative within the third degree of consanguinity, who resides within
the state, as suitable for emergency placement of a child, if the court
makes a finding of extraordinary circumstances. Also extends the defi-
nition of "extraordinary circumstances" to include a period of less than
245 months during which time the child resided for at least six months
continually with the parent, grandparent, or relative.

JUSTIFICATION:

Too often in our current system, children are placed in foster care even
though there may be relatives whose homes are available for placement,
and where the child can receive a safe and nurturing environment. This
bill will help increase the options for placement in a manner that
allows families to remain intact while reducing further trauma for chil-
dren placed in the foster care system.

PRIOR LEGISLATIVE HISTORY:

S.5968 - 2007 - Referred to Rules
S.5968A - 2008 - Referred to Aging
S.2033 - 2010 - Referred to Aging, Third Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1749--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Aging --
  recommitted to the Committee on Aging in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 THE PARENT OF A MINOR
CHILD WHO IS RELATED TO SUCH PARENT WITHIN THE THIRD DEGREE  OF  CONSAN-
GUINITY  OR  AFFINITY AND WHO IS RESIDING IN THIS STATE, can demonstrate
to the satisfaction of the court the existence of extraordinary  circum-
stances,  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  OR SECTION SIX HUNDRED SIXTY-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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-02-2

S. 1749--A                          2

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 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,  during  which TIME the parent voluntarily relinquished care and
control of the child and the child resided in the household of the peti-
tioner grandparent or grandparents 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.
  (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.

Co-Sponsors

S1749B - Bill Details

See Assembly Version of this Bill:
A10218A
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in 2009-2010 Legislative Session:
S2033

S1749B - Bill Texts

view summary

Relates to the notification of certain relatives prior to the placement of children.

view sponsor memo
BILL NUMBER:S1749B

TITLE OF BILL:

An act
to amend the elder law and the domestic relations
law, in relation to the notification of certain relatives prior to the
placement of children

SUMMARY OF PROVISIONS:

Section 1 - amends 202 of the elder law to require the director to
monitor kinship placements.
Section 2 - amends section 72 of the domestic relations law, to
include a relative within the third degree of consanguinity, who
resides within the state, as suitable for emergency placement of a
child, if the court makes a finding of extraordinary circumstances.
Also extends the definition of "extraordinary circumstances" to
include a period of less than 24 months during which time the child
resided with the parent, grandparent, or relative.

JUSTIFICATION:

Too often in our current system, children are placed in foster care
even though there may be relatives whose homes are available for
placement, and where the child can receive a safe and nurturing
environment. This bill will help increase the options for placement
in a manner that allows families to remain intact while reducing
further trauma for children placed in the foster care system.

PRIOR LEGISLATIVE HISTORY:

S.5968 - 2007 - Referred to Rules
S.5968A - 2008 - Referred to Aging
S.2033 - 2010 - Referred to Aging, Third Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1749--B
    Cal. No. 917

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, AVELLA, DeFRANCISCO, HASSELL-THOMPSON, PARK-
  ER -- read twice and ordered printed, and when printed to be committed
  to  the Committee on Aging -- recommitted to the Committee on Aging in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report

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 RELATIVE WHO IS RELATED TO A PARENT WITH-
IN  THE  THIRD  DEGREE  OF  CONSANGUINITY  OR THROUGH BLOOD, MARRIAGE OR
ADOPTION, 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 OR  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-06-2

S. 1749--B                          2

SIX  HUNDRED SIXTY-ONE of the family court act; and on the return there-
of, 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 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, during which TIME the parent voluntarily relinquished  care  and
control of the child and the child resided in the household of the peti-
tioner  grandparent or grandparents 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.
  (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.

Co-Sponsors

view additional co-sponsors

S1749C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10218A
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in 2009-2010 Legislative Session:
S2033

S1749C (ACTIVE) - Bill Texts

view summary

Relates to the notification of certain relatives prior to the placement of children.

view sponsor memo
BILL NUMBER:S1749C

TITLE OF BILL:

An act
to amend the domestic relations
law, in relation to the notification of certain relatives prior to the
placement of children

SUMMARY OF PROVISIONS:

Section 1 - amends section 72 of the domestic relations law, to
include a relative within the third degree of consanguinity, who
resides within the state, as suitable for emergency placement of a
child, if the court makes a finding of extraordinary circumstances.

Section 2 - Effective date.

JUSTIFICATION:

Too often in our current system, children are placed in foster care
even though there may be relatives whose homes are available for
placement, and where the child can receive a safe and nurturing
environment. This bill will help increase the options for placement
in a manner that allows families to remain intact while reducing
further trauma for children placed in the foster care system.

PRIOR LEGISLATIVE HISTORY:

S.5968 - 2007 - Referred to Rules
S.5968A - 2008 - Referred to Aging
S.2033 - 2010 - Referred to Aging, Third Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1749--C
    Cal. No. 917

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, AVELLA, DeFRANCISCO, HASSELL-THOMPSON, PARK-
  ER -- read twice and ordered printed, and when printed to be committed
  to  the Committee on Aging -- recommitted to the Committee on Aging in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report -- ordered to a third reading, amended and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the domestic relations law, in relation to the notifica-
  tion of certain relatives prior to the placement of children

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

  Section 1.  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 RELATIVE WHO IS RELATED TO A PARENT WITH-
IN THE THIRD DEGREE OF CONSANGUINITY OR THROUGH  MARRIAGE  OR  ADOPTION,
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 OR SECTION
SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there-
of,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-10-2

S. 1749--C                          2

rights for such grandparent [or], grandparents OR RELATIVE in respect to
such  child.  An 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, during which TIME the parent voluntarily relinquished  care  and
control of the child and the child resided in the household of the peti-
tioner  grandparent  [or],  grandparents 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.
  (c)  Nothing  in  this  section  shall limit the ability of parties to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S 2. This act shall take effect immediately.

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