senate Bill S563

2011-2012 Legislative Session

Provides for the establishment of kinship guardianships for kinship foster parent

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Archive: Last Bill Status - In Committee


  • 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
Jan 04, 2012 referred to children and families
Jan 05, 2011 referred to children and families

S563 - Bill Details

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

S563 - Bill Texts

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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.

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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
place children requiring out of home placement by their natural
parent with a family relative able to adequately care for such child.
Placing a kinship foster child with a kinship guardian would allow
families to remain intact while reducing further trauma for children
placed in the foster care system.

LEGISLATIVE HISTORY:
01/09/08 REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on April 1, 2011.

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                    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.
                                                           LBD01988-01-1

S. 563                              2

PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO
THE APPOINTMENT AND THAT THE CHILD HAS RESIDED WITH THEM FOR  MORE  THAN
EIGHTEEN MONTHS, AND THAT IT WOULD BE IN THE BEST INTERESTS OF THE CHILD
FOR THE PETITION TO BE GRANTED.
  3. NOTICE.  NOTICE OF THE PETITION AND A COPY OF THE PETITION SHALL BE
SERVED  UPON THE SOCIAL SERVICES OFFICIAL WITH WHOM THE CHILD IS PLACED,
THE PARENTS OF THE CHILD, THE KINSHIP FOSTER PARENTS OF THE  CHILD,  AND
THE  LAW  GUARDIAN  OF  THE  CHILD, EACH OF WHOM SHALL BE PARTIES TO THE
PROCEEDING.
  4. HEARING AND DETERMINATION. IF THE COURT FINDS THAT THE ELEMENTS  OF
THE  PETITION  HAVE BEEN PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE,
OR UPON THE CONSENT OF ALL PARTIES, THE COURT SHALL GRANT THE PETITION.
  5. ORDERS. AN ORDER APPOINTING A PERSON AS A  KINSHIP  GUARDIAN  SHALL
AWARD  CUSTODY OF THE CHILD TO THE KINSHIP GUARDIAN.  A KINSHIP GUARDIAN
SHALL HAVE THE SAME AUTHORITY AS A PARENT TO  CONSENT  ON  BEHALF  OF  A
CHILD,  EXCEPT THAT A KINSHIP GUARDIAN SHALL NOT CONSENT TO THE ADOPTION
OR SURRENDER OF A CHILD.
  6. MAINTENANCE SUBSIDY.  THE SOCIAL SERVICES OFFICIAL  WITH  WHOM  THE
CHILD  WAS PLACED SHALL MAKE MONTHLY PAYMENTS TO THE KINSHIP GUARDIAN AS
IF THE CHILD HAD BEEN PLACED UNDER SECTIONS FOUR HUNDRED FIFTY-THREE AND
FOUR HUNDRED FIFTY-FOUR OF THE SOCIAL SERVICES LAW, AND SUBJECT  TO  THE
PROCEDURES, LIMITATIONS, AND MINIMUM PAYMENTS OF SUCH SECTIONS.
  7. RIGHTS OF THE PARENTS.  THE APPOINTMENT OF A KINSHIP GUARDIAN SHALL
NOT AFFECT OR IMPAIR THE VISITATION RIGHTS OF A PARENT.
  8.  VACATING  ORDERS.    A  PARENT MAY APPLY FOR AN ORDER VACATING THE
APPOINTMENT OF THE  KINSHIP  GUARDIAN.    THE  COURT  SHALL  VACATE  THE
APPOINTMENT  AND AWARD CUSTODY OF THE CHILD TO THE PARENT UPON A SHOWING
THAT THE PARENT IS ABLE TO PROVIDE PROPER  AND  ADEQUATE  CARE  FOR  THE
CHILD AND ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
  A. THE KINSHIP GUARDIAN IS UNFIT;
  B. THE KINSHIP GUARDIAN HAS NEGLECTED HIS OR HER DUTIES;
  C.  THE  KINSHIP  GUARDIAN  IS  UNWILLING  OR  UNABLE  TO CONTINUE THE
APPOINTMENT; OR
  D. THE RELATIONSHIP BETWEEN THE KINSHIP GUARDIAN AND THE CHILD  IS  NO
LONGER IN THE BEST INTEREST OF THE CHILD.
  S 2. This act shall take effect April 1, 2012.

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