NY State Senate Bill 2011-S5457

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to children and families
Jun 24, 2011	committed to rules
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1049
May 24, 2011	referred to children and families

Votes

- Jun 7, 2011 - Children And Families Committee Vote
  S5457
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jun 7, 2011
      
      aye (5)
      
      Duane
      
      Johnson
      
      Montgomery
      
      Savino
      
      Young
      
      aye wr (1)
      
      Saland

2011-S5457 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§371 & 398, add §384-d, rpld §398 sub 6 ¶(i), Soc Serv L; amd §§249, 1086 - 1090, Fam Ct Act

2011-S5457 (ACTIVE) - Summary

Provides for the care and custody of destitute children.

2011-S5457 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5457

TITLE OF BILL:
An act
to amend the social services law and the family court act, in relation
to the care and custody of destitute children; and to repeal paragraph
(i) of subdivision 6 of section 398 of the social services law
relating to
providing care for destitute minors between sixteen and eighteen years
of age

SUMMARY OF PROVISIONS:
Section 1 would amend the definition of
"destitute child" to provide that it includes children who are not
subject to article 10 of the Family Court Act and are not under the
care of a parent or other legally responsible adult.

Section 2 of the bill would amend the Social Services Law to create a
legal mechanism for local social service districts to obtain an order
of custody for a destitute child for whom the districts are providing
care. This new provision would also provide for continued court
review of the care provided to these children.

Sections 3, 4, 6, 7, 8, 9, 10 and 11 amend provisions in the Social
Services Law and the Family Court Act to refer to the new procedure
established for the local social services district to obtain an order

of custody for destitute children.

Section 5 repeals a provision of the Social Services Law that
authorized the local commissioner of social services to provide care
in an institution or agency boarding home for destitute minors
between 16 and 18 years of age.

Section 12 provides that the bill would take effect immediately.

REASONS FOR SUPPORT:
Under current Social Services Law, local social
services districts have a variety of responsibilities with regard to
destitute children, including, in some cases, taking destitute
children into foster care. Destitute children include children whose
parents have died, leaving no other family and friends to care for
them; unaccompanied refugee children; children whose parents, through
circumstances other than neglect, are unable to either care for
children
themselves or make alternative arrangements for their care; and child
vIctims of human trafficking who are found within New York State
without a family member to care for them.

There is now no statutory mechanism, however, to seek judicial
approval for the taking a destitute child into foster care, or for
the review of the status of a destitute child in foster care (other

than for former foster care youth returned to foster care pursuant to
section 1091 of the Family Court Act). Though not its central intent,
Chapter 3 of the Laws of 2005 repealed Social Services Law section
392, the statutory provision that provided for the periodic court
review of children placed into foster care other than for reasons of
abuse and neglect, persons in need of supervision, and juvenile
delinquency petitions. As a result, Article 10-A of the Family Court
Act does not currently identify destitute children as being among
those children whose placement should be reviewed by the court.

This bill would provide a legal mechanism for local social service
districts to obtain an order of custody for destitute children for
whom districts are providing care. The bill will protect these
children by requiring that an attorney be appointed to represent them
and providing for continued court review of their care. Other
children in foster care receive continued court review of their care,
to which these children should be similarly entitled.

This measure would have no fiscal impact on the State but may provide
for additional federal Title IV -E Foster Care Maintenance Payments
to localities for the reimbursement of expenditures for some of these
children.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2011-S5457 (ACTIVE) - Bill Text download pdf

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

                                  5457

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law and the  family  court  act,  in
  relation  to the care and custody of destitute children; and to repeal
  paragraph (i) of subdivision 6 of section 398 of the  social  services
  law  relating  to  providing care for destitute minors between sixteen
  and eighteen years of age

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

  Section 1. Subdivision 3 of section 371 of the social services law, as
amended by chapter 722 of the laws of 1978, paragraph (d) as amended and
paragraph (e) as added by chapter 342 of the laws of 2010, is amended to
read as follows:
  3.  "Destitute  child"  means  a child who[, through no neglect on the
part of its parent, guardian or custodian, is]
  (a) [destitute or homeless, or
  (b)] IS NOT SUBJECT TO ARTICLE TEN OF THE FAMILY COURT ACT,  IS  UNAC-
COMPANIED BY A PARENT OR OTHER LEGALLY RESPONSIBLE PERSON, AND IS EITHER
in  a  state of want or suffering due to lack of sufficient food, cloth-
ing, [or] shelter, or medical or surgical care, or
  [(c) a person under the age of eighteen years who is absent  from  his
legal  residence  without  the  consent of his parent, legal guardian or
custodian, or
  (d) a person under the age of eighteen who]  is  without  a  place  of
shelter where APPROPRIATE supervision and care are available, or
  [(e)]  (B)  IS  a former foster care youth under the age of twenty-one
who was previously placed in the care and custody or custody and guardi-
anship of the local commissioner of social services  or  other  officer,
board  or  department  authorized to receive children as public charges,
and who was discharged from foster care due to a failure to  consent  to
continuation  in  placement, who has returned to foster care pursuant to
section one thousand ninety-one of the family court act.
  S 2.  The social services law is amended by adding a new section 384-d
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11267-01-1

S. 5457                             2

  S 384-D. CARE AND  CUSTODY  OF  DESTITUTE  CHILDREN.  1.  SCOPE.  THIS
SECTION PROVIDES A MECHANISM FOR A LOCAL COMMISSIONER OF SOCIAL SERVICES
TO OBTAIN AN ORDER OF CUSTODY FOR CERTAIN DESTITUTE CHILDREN FOR WHOM HE
OR  SHE  IS PROVIDING CARE AND FOR CONTINUED COURT REVIEW OF THE CARE OF
THESE CHILDREN.
  2.  INITIATION  OF JUDICIAL PROCEEDING. A LOCAL COMMISSIONER OF SOCIAL
SERVICES SHALL, WITHIN THIRTY DAYS OF ACCEPTING THE  CARE  AS  A  PUBLIC
CHARGE  OF  A  CHILD  WHO APPEARS TO BE A DESTITUTE CHILD, AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION THREE HUNDRED  SEVENTY-ONE
OF  THIS  TITLE,  FILE  A PETITION IN THE FAMILY COURT ALLEGING THAT THE
CHILD IS A DESTITUTE CHILD AND REQUESTING THAT THE COURT PLACE THE CHILD
IN THE TEMPORARY CARE AND CUSTODY OF SUCH COMMISSIONER WHILE AN INVESTI-
GATION IS COMMENCED TO DETERMINE WHETHER  THE  CHILD  IS  AN  ABUSED  OR
NEGLECTED  CHILD  SUBJECT TO THE PROVISIONS OF ARTICLE TEN OF THE FAMILY
COURT ACT OR A DESTITUTE CHILD AS DEFINED IN PARAGRAPH (A)  OF  SUBDIVI-
SION THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE.
  3. CONTENTS OF PETITION. (A) THE PETITION SHALL SET FORTH:
  (I) THE BASIS FOR THE BELIEF THAT THE CHILD IS A DESTITUTE CHILD;
  (II)  WHETHER  THE  WHEREABOUTS  OF THE PARENT OR PARENTS, GUARDIAN OR
GUARDIANS, OR OTHER PERSON LEGALLY RESPONSIBLE ARE KNOWN, AND IF SO, THE
ALLEGED ADDRESS OF THAT PERSON; AND
  (III) ANY OTHER KNOWN PERSONS LEGALLY RESPONSIBLE FOR THE  CHILD,  AND
ANY OTHER RELATIVES OF THE CHILD.
  (B) THE PETITION SHALL CONTAIN A NOTICE IN CONSPICUOUS PRINT PROVIDING
THAT  IF  THE CHILD REMAINS IN FOSTER CARE FOR FIFTEEN OF THE TWENTY-TWO
MONTHS THAT FOLLOW, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION
TO TERMINATE PARENTAL RIGHTS.
  (C) THE PETITION SHALL ALSO SET FORTH  THE  EFFORTS  THAT  WERE  MADE,
PRIOR TO THE PLACEMENT OF THE CHILD INTO FOSTER CARE, TO PREVENT REMOVAL
OF THE CHILD FROM HIS OR HER HOME AND THE EFFORTS WHICH WERE MADE, PRIOR
TO  THE  FILING  OF  THE  PETITION, TO MAKE IT POSSIBLE FOR THE CHILD TO
RETURN SAFELY HOME. IF SUCH EFFORTS WERE NOT MADE,  THE  PETITION  SHALL
SET FORTH THE REASONS WHY THESE EFFORTS WERE NOT MADE.
  (D)  THE  PETITION SHALL REQUEST THAT A TEMPORARY ORDER BE MADE TRANS-
FERRING THE CARE AND CUSTODY OF THE CHILD TO THE LOCAL  COMMISSIONER  OF
SOCIAL SERVICES.
  4. INITIAL APPEARANCE. AT THE INITIAL APPEARANCE:
  (A) THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE CHILD; AND
  (B)  THE  COURT  SHALL  CONSIDER  THE FOLLOWING ISSUES AND INCLUDE ITS
FINDINGS IN ITS ORDER:
  (I) WHETHER PLACEMENT OF THE CHILD IN THE TEMPORARY CARE  AND  CUSTODY
OF  THE LOCAL COMMISSIONER OF SOCIAL SERVICES IS IN THE BEST INTEREST OF
THE CHILD;
  (II) WHETHER IT WOULD BE CONTRARY TO  THE  WELFARE  OF  THE  CHILD  TO
CONTINUE IN HIS OR HER OWN HOME;
  (III)  WHETHER,  WHERE APPROPRIATE, REASONABLE EFFORTS WERE MADE PRIOR
TO THE PLACEMENT OF THE CHILD INTO FOSTER CARE TO PREVENT  REMOVAL  FROM
HIS OR HER HOME;
  (IV) WHETHER, PRIOR TO THE INITIATION OF THE COURT PROCEEDING REQUIRED
PURSUANT  TO  THIS  SUBDIVISION, REASONABLE EFFORTS WERE MADE TO MAKE IT
POSSIBLE FOR THE CHILD TO RETURN SAFELY HOME; AND
  (V) IF REASONABLE EFFORTS TO PREVENT THE NECESSITY FOR REMOVAL OF  THE
CHILD  FROM THE HOME WERE NOT MADE, WHETHER THE ABSENCE OF THOSE EFFORTS
WAS REASONABLE UNDER THE CIRCUMSTANCES.
  (C) IF THE COURT PLACES THE CHILD IN  THE  TEMPORARY  CUSTODY  OF  THE
LOCAL COMMISSIONER OF SOCIAL SERVICES, THE COURT SHALL:

S. 5457                             3

  (I)  ORDER AN INVESTIGATION INTO THE FAMILY CIRCUMSTANCES OF THE CHILD
IN ORDER TO DETERMINE WHAT ASSISTANCE AND CARE,  SUPERVISION  OR  TREAT-
MENT, IF ANY, SUCH CHILD REQUIRES;
  (II)  SCHEDULE  A  RETURN  DATE FOR AN INVESTIGATION REVIEW PROCEEDING
WITHIN SIXTY DAYS IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION;
  (III) SCHEDULE A DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSU-
ANT TO PARAGRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND  EIGHTY-
NINE  OF  THE  FAMILY  COURT ACT. THIS DATE SHALL BE NO LATER THAN EIGHT
MONTHS FROM THE DATE THE LOCAL COMMISSIONER OF SOCIAL SERVICES  ACCEPTED
CARE OF THE CHILD.
  5.  NOTICE.  AT  THE INITIAL APPEARANCE AND AT ANY HEARING THEREAFTER,
THE COURT MAY DIRECT THAT SERVICE OF A NOTICE OF THE  PROCEEDING  AND  A
COPY  OF THE PETITION SHALL BE MADE UPON THE PARENT OR PARENTS, GUARDIAN
OR GUARDIANS OR OTHER LEGALLY RESPONSIBLE PERSON IN SUCH MANNER  AS  THE
COURT  MAY  DIRECT.  IF THE COURT ORDERS SERVICE BY PUBLICATION, SERVICE
SHALL BE MADE PURSUANT TO RULE THREE HUNDRED SIXTEEN OF THE CIVIL  PRAC-
TICE LAW AND RULES, PROVIDED THAT A SINGLE PUBLICATION OF THE SUMMONS OR
OTHER  PROCESS  WITH  A  NOTICE  IN ONLY ONE NEWSPAPER DESIGNATED IN THE
ORDER SHALL BE SUFFICIENT. IN NO EVENT  SHALL  THE  ENTIRE  PETITION  BE
PUBLISHED.  THE NOTICE TO BE PUBLISHED WITH THE SUMMONS OR OTHER PROCESS
SHALL STATE THE DATE, TIME, PLACE AND PURPOSE OF THE PROCEEDING.
  6.  INVESTIGATION  REVIEW  PROCEEDING.  AT  THE  INVESTIGATION  REVIEW
PROCEEDING, THE COURT SHALL:
  (A)  REVIEW  THE  RESULT  OF  THE INVESTIGATION CONDUCTED BY THE LOCAL
COMMISSIONER OF SOCIAL SERVICES  OF  THE  FAMILY  CIRCUMSTANCES  OF  THE
CHILD;
  (B) DETERMINE WHETHER:
  (I) FURTHER INVESTIGATION IS NECESSARY, AND IF SO, SCHEDULE A DATE FOR
SUCH PROCEEDING;
  (II)  NOTICE  SHALL BE MADE UPON ANY PARENT, GUARDIAN OR OTHER LEGALLY
RESPONSIBLE PERSON AND THE METHOD OF SUCH NOTICE;
  (III) A PETITION UNDER ARTICLE TEN OF THE FAMILY COURT ACT  SHOULD  BE
SUBSTITUTED FOR THE PROCEEDING DESCRIBED BY THIS SECTION; AND
  (IV)  THE  CHILD  IS  A DESTITUTE CHILD AS DEFINED IN PARAGRAPH (A) OF
SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE.
  7. DISPOSITION AND ORDER. IF THE COURT DETERMINES THAT THE CHILD IS  A
DESTITUTE CHILD, THE COURT SHALL ISSUE AN ORDER PLACING THE CHILD IN THE
CARE AND CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES.
  (A)  SUCH  ORDER  SHALL  CONTAIN  THE  DATE  SCHEDULED FOR THE INITIAL
PERMANENCY HEARING.
  (B) SUCH ORDER SHALL REQUIRE THAT THE  PLACEMENT  CONTINUE  UNTIL  THE
COMPLETION OF THE INITIAL PERMANENCY HEARING.
  (C)  IF  THE  COURT  DETERMINES  THAT  PLACEMENT SHOULD CONTINUE AFTER
COMPLETION OF THE  INITIAL  PERMANENCY  HEARING,  SUBSEQUENT  PERMANENCY
HEARINGS SHALL BE SCHEDULED PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (A)
OF SECTION ONE THOUSAND EIGHTY-NINE OF THE FAMILY COURT ACT.
  S  3.  Subdivision  1  of  section  398  of the social services law is
amended to read as follows:
  1. As to destitute children: Assume charge of, and  provide  CARE  AND
support for, any destitute child who cannot be properly cared for in his
OR  HER home, AND FILE A PETITION TO OBTAIN CUSTODY OF A DESTITUTE CHILD
AS DEFINED IN PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  SECTION  THREE
HUNDRED  SEVENTY-ONE  OF  THIS ARTICLE PURSUANT TO SECTION THREE HUNDRED
EIGHTY-FOUR-D OF THIS ARTICLE.
  4. The opening paragraph and paragraphs (a), (b) and (f)  of  subdivi-
sion  2 of section 398 of the social services law, the opening paragraph

S. 5457                             4

and paragraph (a) as amended by chapter 880 of the laws of  1976,  para-
graph  (b)  as  amended by chapter 555 of the laws of 1978 and paragraph
(f) as added by chapter 627 of the laws of 1984, are amended to read  as
follows:
  As to neglected, abused [or], abandoned, OR DESTITUTE children:
  (a)  Investigate  [the] ANY alleged neglect, abuse or abandonment of a
child[,]; offer protective social services  to  prevent  injury  to  the
child,  to  safeguard  his OR HER welfare, and to preserve and stabilize
family life wherever possible  [and,];  if  necessary,  bring  the  case
before  the  family  court for adjudication and care for the child until
the court acts in the matter; and, in the case  of  an  abandoned  OR  A
DESTITUTE  child,  AS  DEFINED  IN PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION THREE HUNDRED SEVENTY-ONE  OF  THIS  ARTICLE,  [shall]  promptly
petition the family court to obtain custody of such child.
  (b)  Receive  and  care  for any child alleged to be neglected, abused
[or], abandoned, OR DESTITUTE who is temporarily  placed  in  [his]  THE
care  OF  THE  LOCAL COMMISSIONER OF SOCIAL SERVICES by the family court
pending adjudication by such court of  the  alleged  neglect,  abuse  or
abandonment,  OR  FINDING THAT THE CHILD IS A DESTITUTE CHILD, including
the authority to establish, operate, maintain and approve facilities for
such purpose in accordance with  the  regulations  of  the  [department]
OFFICE  OF  CHILDREN  AND  FAMILY SERVICES; and receive and care for any
neglected,  abused  [or],  abandoned,  OR  DESTITUTE  child  placed   or
discharged  to  [his]  THE  care  OF  THE  LOCAL  COMMISSIONER OF SOCIAL
SERVICES by the family court.
  (f) Report to the local criminal justice agency and to  the  statewide
central  register  for  missing  children  as described in section eight
hundred thirty-seven-e of the executive law such information as required
on a form prescribed by the commissioner of  the  division  of  criminal
justice  services  within forty-eight hours after an abandoned OR DESTI-
TUTE child is found.
  S 5. Paragraph (i) of subdivision 6  of  section  398  of  the  social
services law is REPEALED.
  S  6.  Subdivision  (a)  of  section  249  of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  In  a proceeding under article three, seven, ten or ten-A of this
act or where a revocation  of  an  adoption  consent  is  opposed  under
section  one  hundred  fifteen-b of the domestic relations law or in any
proceeding under section  three  hundred  fifty-eight-a,  three  hundred
eighty-three-c,  three  hundred  eighty-four [or], three hundred eighty-
four-b, OR THREE HUNDRED EIGHTY-FOUR-D of the  social  services  law  or
when  a minor is sought to be placed in protective custody under section
one hundred fifty-eight of this act, the family court shall  appoint  an
attorney  to  represent  a minor who is the subject of the proceeding or
who is sought to be placed in protective custody, if  independent  legal
representation  is  not  available  to  such minor. In any proceeding to
extend or continue the placement of a juvenile delinquent or  person  in
need of supervision pursuant to section seven hundred fifty-six or 353.3
of  this act or any proceeding to extend or continue a commitment to the
custody of the commissioner of mental  health  or  the  commissioner  of
mental  retardation  and  developmental disabilities pursuant to section
322.2 of this act, the court shall not permit the  respondent  to  waive
the  right  to  be  represented  by  counsel  chosen  by the respondent,
respondent's  parent,  or  other  person  legally  responsible  for  the
respondent's  care,  or  by assigned counsel. In any other proceeding in

S. 5457                             5

which the court has jurisdiction, the court may appoint an  attorney  to
represent  the  child,  when,  in the opinion of the family court judge,
such representation will serve the purposes of this act, if  independent
legal counsel is not available to the child. The family court on its own
motion may make such appointment.
  S  7.  Section 1086 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S 1086. Purpose. The purpose of this article is to  establish  uniform
procedures  for  permanency  hearings for all children who are placed in
foster care pursuant  to  section  three  hundred  fifty-eight-a,  three
hundred  eighty-four [or], three hundred eighty-four-a, OR THREE HUNDRED
EIGHTY-FOUR-D of the social services law  or  pursuant  to  section  one
thousand  twenty-two,  one thousand twenty-seven, or one thousand fifty-
two of this act; children who are directly placed with a relative pursu-
ant to section one thousand seventeen or one thousand fifty-five of this
act; and children who are freed for adoption. It  is  meant  to  provide
children  placed out of their homes timely and effective judicial review
that promotes permanency, safety and well-being in their lives.
  S 8. Subdivision (a) of section 1087  of  the  family  court  act,  as
amended  by  chapter  342  of  the  laws  of 2010, is amended to read as
follows:
  (a) "Child" shall mean a person under  the  age  of  eighteen  who  is
placed  in  foster care pursuant to section three hundred fifty-eight-a,
three hundred eighty-four [or], three hundred  eighty-four-a,  OR  THREE
HUNDRED  EIGHTY-FOUR-D of the social services law or pursuant to section
one thousand twenty-two, one  thousand  twenty-seven,  or  one  thousand
fifty-two  of  this  act; or directly placed with a relative pursuant to
section one thousand seventeen or one thousand fifty-five of  this  act;
or who has been freed for adoption or a person between the ages of eigh-
teen  and twenty-one who has consented to continuation in foster care or
trial discharge status; or a former foster care youth under the  age  of
twenty-one  for  whom  a court has granted a motion to permit the former
foster care youth to return to the custody of the local commissioner  of
social  services  or  other  officer,  board or department authorized to
receive children as public charges.
  S 9. Section 1088 of the family court act, as  separately  amended  by
chapters 41 and 342 of the laws of 2010, is amended to read as follows:
  S  1088.  Continuing court jurisdiction. If a child is placed pursuant
to section three hundred fifty-eight-a, three hundred eighty-four,  [or]
three hundred eighty-four-a OR THREE HUNDRED EIGHTY-FOUR-D of the social
services  law,  or pursuant to section one thousand seventeen, one thou-
sand twenty-two, one thousand twenty-seven or one thousand fifty-two  of
this  act,  or  directly  placed with a relative pursuant to section one
thousand seventeen or one thousand fifty-five of this  act;  or  if  the
child  is  freed  for adoption pursuant to section three hundred eighty-
three-c, three hundred eighty-four or three hundred eighty-four-b of the
social services law, the case shall remain on the court's  calendar  and
the  court  shall maintain jurisdiction over the case until the child is
discharged  from  placement  and  all  orders   regarding   supervision,
protection  or  services have expired. The court shall rehear the matter
whenever it deems necessary or desirable, or upon motion  by  any  party
entitled to notice in proceedings under this article, or by the attorney
for  the  child,  and  whenever a permanency hearing is required by this
article. While the court  maintains  jurisdiction  over  the  case,  the
provisions  of  section  one  thousand  thirty-eight  of  this act shall
continue to apply. The court shall also  maintain  jurisdiction  over  a

S. 5457                             6

case  for  purposes  of  hearing a motion to permit a former foster care
youth under the age of twenty-one who was discharged  from  foster  care
due  to  a  failure to consent to continuation of placement to return to
the  custody of the local commissioner of social services or other offi-
cer, board or department authorized to receive children as public charg-
es.
  S 10. Paragraph 2 of subdivision (a) of section  1089  of  the  family
court  act, as amended by chapter 437 of the laws of 2006, is amended to
read as follows:
  (2) All other permanency hearings. At the conclusion  of  the  hearing
pursuant  to section one thousand twenty-two, one thousand twenty-seven,
or one thousand fifty-two of this act, OR SECTION THREE HUNDRED  EIGHTY-
FOUR-D  OF  THE  SOCIAL SERVICES LAW, at which the child was remanded or
placed and upon the court's approval of a voluntary placement instrument
pursuant to section three hundred fifty-eight-a of the  social  services
law,  the court shall set a date certain for an initial permanency hear-
ing, advise all parties in court of the date set and include the date in
the order. Orders issued in  subsequent  court  hearings  prior  to  the
permanency  hearing,  including, but not limited to, the order of place-
ment issued pursuant to section one thousand fifty-five of this act,  OR
PURSUANT  TO  SECTION THREE HUNDRED EIGHTY-FOUR-D OF THE SOCIAL SERVICES
LAW, shall include the date certain  for  the  permanency  hearing.  The
initial  permanency  hearing shall be commenced no later than six months
from the date which is sixty days after the child was removed  from  his
or her home; provided, however, that if a sibling or half-sibling of the
child  has  previously  been  removed from the home and has a permanency
hearing date certain scheduled within the next eight months, the perman-
ency hearing for each child subsequently removed from the home shall  be
scheduled on the same date certain that has been set for the first child
removed  from  the  home,  unless  such sibling or half-sibling has been
removed from the home pursuant to article three or seven  of  this  act.
The  permanency  hearing  shall  be  completed within thirty days of the
scheduled date certain.
  S 11. Subdivision (a) of section 1090 of  the  family  court  act,  as
separately  amended  by  chapters  41  and  342  of the laws of 2010, is
amended to read as follows:
  (a) If an attorney for the child has  been  appointed  by  the  family
court  in  a proceeding pursuant to section three hundred fifty-eight-a,
three hundred eighty-three-c,  three  hundred  eighty-four,  [or]  three
hundred  eighty-four-b,  OR  THREE  HUNDRED  EIGHTY-FOUR-D of the social
services law, or article ten of this act, the appointment of the  attor-
ney for the child shall continue without further court order or appoint-
ment,  unless  another appointment of an attorney for the child has been
made by the court, until the child is discharged from placement and  all
orders  regarding  supervision, protection or services have expired. The
attorney shall  also  represent  the  child  without  further  order  or
appointment  in  any  proceedings  under  article ten-B of this act. All
notices, reports and motions required by law shall be  provided  to  the
child's  attorney.  The  child's  attorney may be relieved of his or her
representation upon application to the  court  for  termination  of  the
appointment.  Upon  approval  of  the application, the court shall imme-
diately appoint another attorney  to  whom  all  notices,  reports,  and
motions required by law shall be provided.
  S 12. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5457

Sponsored By

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

Jun 7, 2011 - Children And Families Committee Vote

Children And Families Committee Vote: Jun 7, 2011

2011-S5457 (ACTIVE) - Details

2011-S5457 (ACTIVE) - Summary

2011-S5457 (ACTIVE) - Sponsor Memo

2011-S5457 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5457

Share this bill

Sponsored By

Diane J. Savino

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

2011-S5457 (ACTIVE) - Details

2011-S5457 (ACTIVE) - Summary

2011-S5457 (ACTIVE) - Sponsor Memo

2011-S5457 (ACTIVE) - Bill Text download pdf

Comments