senate Bill S563

2011-2012 Legislative Session

Provides for the establishment of kinship guardianships for kinship foster parent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to children and families
Jan 05, 2011 referred to children and families

S563 - Details

See Assembly Version of this Bill:
A609
Law Section:
Family Court Act
Laws Affected:
Add ยง1059-a, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S1092, A2084

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

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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