|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to children and families|
|Jan 05, 2011||referred to children and families|
senate Bill S563
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S563 - Details
S563 - Summary
Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.
S563 - Sponsor Memo
BILL NUMBER:S563 TITLE OF BILL: An act to amend the family court act, in relation to establishing kinship guardianship PURPOSE: The purpose of this bill is to define and establish provisions within the state family court act bestowing kinship guardianship of a child to an approved kinship foster parent when the natural parent is unable to provide proper and adequate care for such child. SUMMARY OF PROVISIONS: This bill would amend the state family court act by adding a new Section 1059-A establishing kinship guardianship. JUSTIFICATION: Situations exist in the lives of parents that sometimes impair their ability to adequately provide a safe and nurturing environment for their child. These children often end up in an already overcrowded foster care system or fall through the cracks of the Child Welfare Administration. At present, nothing in statute allows the family court to grant such alternative placement (kinship guardianship) for these children. This proposal seeks to increase the capacity of the state family court to
S563 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 563 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. ROBACH -- 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, in relation to establishing kinship guardianship THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The family court act is amended by adding a new section 1059-a to read as follows: S 1059-A. KINSHIP GUARDIANSHIP. 1. DEFINITIONS. WHEN USED IN THIS SECTION: A. "KINSHIP FOSTER CHILD" SHALL MEAN A CHILD PLACED WITH A SOCIAL SERVICES OFFICIAL PURSUANT TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS ARTICLE WHO IS PLACED EITHER (I) AS A KINSHIP FOSTER CHILD PURSUANT TO REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL OR OTHER AUTHORIZED AGENCY IN THE HOME OF A RELATIVE WITHIN THE THIRD DEGREE; B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS APPROVED OR CERTIFIED PURSUANT TO SECTION THREE HUNDRED SEVENTY-EIGHT OF THE SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED WITHIN THE THIRD DEGREE. 2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS ARTICLE TO HAVE THE KINSHIP FOSTER PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD. THE PETITION SHALL ALLEGE THAT THE CHILD WAS PLACED, THAT MORE THAN FIFTEEN MONTHS HAVE PASSED SINCE THE DATE OF THE ORDER PLACING THE CHILD, THAT THE PARENTS OF THE CHILD ARE PRESENTLY AND FOR THE FORESEEABLE FUTURE UNABLE TO PROVIDE PROPER AND ADEQUATE CARE FOR THE CHILD, NOTWITHSTANDING THE AUTHORIZED AGENCY'S DILIGENT EFFORTS TO ENCOURAGE AND STRENGTHEN THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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