senate Bill S6116A

Signed By Governor
2011-2012 Legislative Session

Relates to procedures for destitute children; repealer

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Sponsored By

Archive: Last Bill Status Via A8694 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2012 signed chap.3
Jan 25, 2012 delivered to governor
Jan 18, 2012 returned to assembly
passed senate
3rd reading cal.14
substituted for s6116a
Jan 18, 2012 substituted by a8694a
Jan 10, 2012 amended on third reading 6116a
Jan 09, 2012 ordered to third reading cal.14
reported and committed to rules
Jan 04, 2012 referred to children and families

Votes

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Jan 9, 2012 - Children and Families committee Vote

S6116
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 9, 2012

Jan 9, 2012 - Rules committee Vote

S6116
23
1
committee
23
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S6116 - Details

See Assembly Version of this Bill:
A8694A
Law Section:
Family Court Act
Laws Affected:
Amd §§249, 262, 1055, 1092, 1093, 1094 & 1095, add §1096, Fam Ct Act; amd §12, Chap of 2011 (as proposed in S.5694A and A.7836A); amd §3, Chap of 2011 (as proposed in S.5745 and A.8339); amd §§371, 384-b, 398 & 398-e, rpld §398 sub 6 ¶(i), Soc Serv L

S6116 - Summary

Relates to procedures for destitute children; relates to kinship guardian assistance payments; clarifies that the court may appoint an attorney for the child in article 10-B proceedings; provides a new definition of "destitute child" to include a child who is in a state of want or suffering, does not fit with the definition of an abused or neglected child under FCA article 10 and is without any parent or caretaker available to sufficiently care for such child due to certain conditions.

S6116 - Sponsor Memo

S6116 - Bill Text download pdf

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

                                  6116

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  SALAND -- 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, the social services law, a chapter
  of the laws of 2011 amending the  family  court  act  and  the  social
  services  law  relating  to  procedures  for destitute children in the
  family court, as proposed in legislative bills  numbers  A.7836-A  and
  S.5694-A  and  a  chapter  of  the  laws  of  2011 amending the social
  services law relating to  kinship  guardian  assistance  payments,  as
  proposed  in  legislative bills numbers A.8339 and S.5745, in relation
  to destitute children; and to repeal paragraph (i) of subdivision 6 of
  section 398 of the social services law relating thereto

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

  Section  1. Subdivision (a) of section 249 of the family court act, as
amended by a chapter of the laws of 2011 amending the family  court  act
and  the  social services law relating to procedures for destitute chil-
dren in the family court,  as  proposed  in  legislative  bills  numbers
A.7836-A and S.5694-A, is amended to read as follows:
  (a) In a proceeding under article three, seven, ten, ten-A[, ten-B] or
ten-C  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 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  or  in  any  proceeding  where  a  minor is detained under or
governed by the interstate compact for juveniles established pursuant to
section five hundred one-e of the executive law, 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 inde-
pendent 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S6116A (ACTIVE) - Details

See Assembly Version of this Bill:
A8694A
Law Section:
Family Court Act
Laws Affected:
Amd §§249, 262, 1055, 1092, 1093, 1094 & 1095, add §1096, Fam Ct Act; amd §12, Chap of 2011 (as proposed in S.5694A and A.7836A); amd §3, Chap of 2011 (as proposed in S.5745 and A.8339); amd §§371, 384-b, 398 & 398-e, rpld §398 sub 6 ¶(i), Soc Serv L

S6116A (ACTIVE) - Summary

Relates to procedures for destitute children; relates to kinship guardian assistance payments; clarifies that the court may appoint an attorney for the child in article 10-B proceedings; provides a new definition of "destitute child" to include a child who is in a state of want or suffering, does not fit with the definition of an abused or neglected child under FCA article 10 and is without any parent or caretaker available to sufficiently care for such child due to certain conditions.

S6116A (ACTIVE) - Sponsor Memo

S6116A (ACTIVE) - Bill Text download pdf

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

                                 6116--A
    Cal. No. 14

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  reported  favorably from said committee and committed to the Committee
  on Rules -- ordered to a third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the family court act, the social services law, a chapter
  of the laws of 2011 amending the  family  court  act  and  the  social
  services  law  relating  to  procedures  for destitute children in the
  family court, as proposed in legislative bills  numbers  A.7836-A  and
  S.5694-A  and  a  chapter  of  the  laws  of  2011 amending the social
  services law relating to  kinship  guardian  assistance  payments,  as
  proposed  in  legislative bills numbers A.8339 and S.5745, in relation
  to destitute children; and to repeal paragraph (i) of subdivision 6 of
  section 398 of the social services law relating thereto

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

  Section  1. Subdivision (a) of section 249 of the family court act, as
amended by a chapter of the laws of 2011 amending the family  court  act
and  the  social services law relating to procedures for destitute chil-
dren in the family court,  as  proposed  in  legislative  bills  numbers
A.7836-A and S.5694-A, is amended to read as follows:
  (a) In a proceeding under article three, seven, ten, ten-A[, ten-B] or
ten-C  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 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  or  in  any  proceeding  where  a  minor is detained under or
governed by the interstate compact for juveniles established pursuant to
section five hundred one-e of the executive law, 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 inde-
pendent legal representation is not available  to  such  minor.  In  any

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