[ ] is old law to be omitted.
LBD13121-07-2
S. 6116 2
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 people with 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 PROCEEDING UNDER
ARTICLE TEN-B OF THIS ACT, THE FAMILY COURT SHALL APPOINT AN ATTORNEY TO
REPRESENT A YOUTH, UNDER THE AGE OF TWENTY-ONE, WHO IS THE SUBJECT OF
THE PROCEEDING, IF INDEPENDENT LEGAL REPRESENTATION IS NOT AVAILABLE TO
SUCH YOUTH. In any other proceeding in 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 2. Paragraph (i) of subdivision (a) of section 262 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 children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
(i) the respondent in any proceeding under article ten[, article] OR
ten-A [or article ten-C] of this act and the petitioner in any proceed-
ing under part eight of article ten of this act;
S 3. Paragraph (iv) of subdivision (a) of section 262 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 children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
(iv) the parent or [other] person legally responsible, foster parent,
or other person having physical or legal custody of the child in any
proceeding under article ten[,] OR ten-A[, ten-B or ten-C] of this act
or section three hundred fifty-eight-a, three hundred eighty-four or
three hundred eighty-four-b of the social services law, and a non-custo-
dial parent or grandparent served with notice pursuant to paragraph (e)
of subdivision two of section three hundred eighty-four-a of the social
services law;
S 4. Subdivision (a) of section 262 of the family court act is amended
by adding a new paragraph (ix) to read as follows:
(IX) IN A PROCEEDING UNDER ARTICLE TEN-C OF THIS ACT:
(1) A PARENT OR CARETAKER AS SUCH TERMS ARE DEFINED IN SECTION ONE
THOUSAND NINETY-TWO OF THIS ACT;
(2) AN INTERESTED ADULT AS SUCH TERM IS DEFINED IN SECTION ONE THOU-
SAND NINETY-TWO OF THIS ACT PROVIDED THAT:
(A) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
TO ARTICLE TEN-C OF THIS ACT WAS REMOVED FROM THE CARE OF SUCH INTER-
ESTED ADULT;
(B) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
TO ARTICLE TEN-C OF THIS ACT RESIDES WITH THE INTERESTED ADULT; OR
(C) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
TO ARTICLE TEN-C OF THIS ACT RESIDED WITH SUCH INTERESTED ADULT IMME-
DIATELY PRIOR TO THE FILING OF THE PETITION UNDER ARTICLE TEN-C OF THIS
ACT;
(3) ANY INTERESTED ADULT AS SUCH TERM IS DEFINED IN SECTION ONE THOU-
SAND NINETY-TWO OF THIS ACT OR ANY PERSON MADE A PARTY TO THE ARTICLE
TEN-C PROCEEDING PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND
NINETY-FOUR OF THIS ACT FOR WHOM THE COURT ORDERS COUNSEL APPOINTED
S. 6116 3
PURSUANT TO SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-FOUR OF THIS
ACT.
S 5. Subdivision (f) of section 1055 of the family court act, as
amended by section 18 of part A of chapter 3 of the laws of 2005 and as
relettered by chapter 437 of the laws of 2006, is amended to read as
follows:
(f) If a child is placed in the custody of the local commissioner of
social services or other officer, board or department authorized to
receive children as public charges, such person shall provide for such
child as [in the case of a destitute child or as otherwise] authorized
by law, INCLUDING, BUT NOT LIMITED TO SECTION THREE HUNDRED NINETY-EIGHT
OF THE SOCIAL SERVICES LAW.
S 6. Subdivision (a) of section 1092 of the family court act, as added
by 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, is amended to read as follows:
(a) "destitute child" shall mean a child UNDER THE AGE OF EIGHTEEN who
is [not subject to article ten of this act, is without a parent or
person legally responsible to sufficiently care for him or her, and is]
in a state of want or suffering due to lack of sufficient food, cloth-
ing, shelter, or medical or surgical care AND:
(1) DOES NOT FIT WITHIN THE DEFINITION OF AN "ABUSED CHILD" OR A
"NEGLECTED CHILD" AS SUCH TERMS ARE DEFINED IN SECTION ONE THOUSAND
TWELVE OF THIS ACT; AND
(2) IS WITHOUT ANY PARENT OR CARETAKER AVAILABLE TO SUFFICIENTLY CARE
FOR HIM OR HER, DUE TO:
(I) THE DEATH OF A PARENT OR CARETAKER; OR
(II) THE INCAPACITY OR DEBILITATION OF A PARENT OR CARETAKER, WHERE
SUCH INCAPACITY OR DEBILITATION WOULD PREVENT SUCH PARENT OR CARETAKER
FROM BEING ABLE TO KNOWINGLY AND VOLUNTARILY ENTER INTO A WRITTEN AGREE-
MENT TO TRANSFER THE CARE AND CUSTODY OF SAID CHILD PURSUANT TO SECTION
THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW; OR
(III) THE INABILITY OF THE COMMISSIONER OF SOCIAL SERVICES TO LOCATE
ANY PARENT OR CARETAKER, AFTER MAKING REASONABLE EFFORTS TO DO SO; OR
(IV) A PARENT OR CARETAKER BEING PHYSICALLY LOCATED OUTSIDE OF THE
STATE OF NEW YORK AND THE COMMISSIONER OF SOCIAL SERVICES IS OR HAS BEEN
UNABLE TO RETURN THE CHILD TO SUCH PARENT OR CARETAKER WHILE OR AFTER
MAKING REASONABLE EFFORTS TO DO SO, UNLESS THE LACK OF SUCH EFFORTS IS
OR WAS APPROPRIATE UNDER THE CIRCUMSTANCES.
S 7. Subdivision (c) of section 1092 of the family court act, as added
by 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, is amended to read as follows:
(c) "[person legally responsible] CARETAKER" shall mean [the custodian
or guardian of the destitute child or any other adult responsible for
the care of such child at the relevant time] A PERSON OR PERSONS, OTHER
THAN A PARENT OF A CHILD ALLEGED OR ADJUDICATED TO BE A DESTITUTE CHILD
PURSUANT TO THIS ARTICLE, WHO POSSESSES A VALID, CURRENT COURT ORDER
PROVIDING HIM OR HER WITH TEMPORARY OR PERMANENT GUARDIANSHIP OR TEMPO-
RARY OR PERMANENT CUSTODY OF SAID CHILD.
S 8. Section 1092 of the family court act, as added by 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,
S. 6116 4
as proposed in legislative bills numbers A.7836-A and S.5694-A, is
amended by adding a new subdivision (f) to read as follows:
(F) "INTERESTED ADULT" SHALL MEAN A PERSON OR PERSONS OVER THE AGE OF
EIGHTEEN, OTHER THAN A PARENT OR CARETAKER, WHO, AT THE RELEVANT TIME
RESIDED WITH AND HAD RESPONSIBILITY FOR THE DAY-TO-DAY CARE OF A CHILD
ALLEGED OR ADJUDICATED TO BE DESTITUTE.
S 9. Subdivisions (a) and (b) of section 1093 of the family court act,
as added 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, are amended to read as follows:
(a) Filing of the petition. [A] ONLY A commissioner of social services
may originate a proceeding under this article. A PROCEEDING UNDER THIS
ARTICLE MAY BE ORIGINATED by THE filing OF a petition alleging that the
child is a destitute child as defined by section one thousand ninety-two
of this article. A commissioner of social services, who accepts the care
and custody of a child appearing to be a destitute child, shall PROVIDE
FOR SUCH CHILD AS AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED TO
SECTION THREE HUNDRED NINETY-EIGHT OF THE SOCIAL SERVICES LAW, AND SHALL
file a petition pursuant to this section within fourteen days upon
accepting the care and custody of such child.
(b) Venue. A petition under this article shall be filed in the family
court located in the county where the child resides or is [domiciled or
where the department of social services is located] FOUND; PROVIDED
HOWEVER, THAT UPON THE MOTION OF ANY PARTY OR THE ATTORNEY FOR THE
CHILD, THE COURT MAY TRANSFER A PETITION FILED UNDER THIS ARTICLE TO A
COUNTY THE COURT DEEMS TO BE MORE APPROPRIATE UNDER THE CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, A COUNTY LOCATED WITHIN A JURISDICTION
WHERE THE CHILD IS DOMICILED OR HAS ANOTHER SIGNIFICANT NEXUS.
S 10. Paragraphs 1 and 2 of subdivision (c) of section 1093 of the
family court act, as added by 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, are amended to read as follows:
(1) The petition shall allege upon information and belief:
(i) the manner, date and circumstance under which the child became
known to the petitioner;
(ii) the child's date of birth, IF KNOWN;
(iii) that the child is a destitute child as defined in subdivision
(a) of section one thousand ninety-two of this article and the basis for
the allegation;
(iv) the identity of the parent or parents of the child in question,
IF KNOWN;
(v) whether the parent or parents of the child are living or deceased,
IF KNOWN;
(vi) the whereabouts and last known address for the parent or parents,
IF KNOWN;
(vii) THE IDENTITY OF A CARETAKER OR INTERESTED ADULT, IF KNOWN;
(VIII) the efforts, if any, which were made prior to the filing of the
petition to prevent any removal of the child from the home and if such
efforts were not made, the reasons such efforts were not made; and
[(viii) if the child had been removed from home prior to the filing of
the petition,]
(IX) the efforts, if any, which were made prior to the filing of the
petition to allow the child to return OR REMAIN safely home, and if such
efforts were not made, the reasons such efforts were not made.
S. 6116 5
(2) [Unless the parent or parents are deceased, the] THE petition
shall contain a notice in conspicuous print providing that if the child
remains in foster care for fifteen of the most recent twenty-two months,
the agency may be required by law to file a petition to terminate
parental rights.
S 11. Subdivision (d) of section 1093 of the family court act, as
added by 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, is amended to read as follows:
(d) Service of summons. (1) Upon the filing of a petition under this
article, if a living parent [or person legally responsible for the
child], CARETAKER OR INTERESTED ADULT is identified in the petition, the
court shall cause a copy of the petition and a summons to be issued the
same day the petition is filed, requiring such parent [or person legally
responsible for the child], CARETAKER OR INTERESTED ADULT to appear in
court on the return date to answer the petition. IF THE COURT DEEMS A
PERSON A PARTY TO THE PROCEEDING PURSUANT TO SUBDIVISION (C) OF SECTION
ONE THOUSAND NINETY-FOUR OF THIS ARTICLE AND IF SUCH PERSON IS NOT
BEFORE THE COURT, THE COURT SHALL CAUSE A COPY OF THE PETITION AND A
SUMMONS REQUIRING SUCH PERSON TO APPEAR IN COURT ON THE RETURN DATE BE
SERVED ON SUCH PERSON.
(2) Service of a summons and petition under this article shall be made
by delivery of a true copy thereof to the person summoned at least twen-
ty-four hours before the time stated therein for appearance.
(3) The court may send process without the state in the same manner
and with the same effect as process sent within the state in the exer-
cise of personal jurisdiction over any person subject to the jurisdic-
tion of the court under section three hundred one or three hundred two
of the civil practice law and rules, notwithstanding that such person is
not a resident or domiciliary of the state. Where service is effected
OUTSIDE OF THE STATE OF NEW YORK on [an out-of-state respondent and the
respondent] A PARENT, CARETAKER, INTERESTED ADULT OR PERSON MADE A PARTY
TO THE PROCEEDING PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND
NINETY-FOUR OF THIS ARTICLE AND SUCH PERSON defaults by failing to
appear to answer the petition, the court may on its own motion, or upon
application of any party or the attorney for the child proceed to a
hearing pursuant to section one thousand ninety-five of this article.
(4) If after reasonable effort, personal service is not made, the
court may at any stage in the proceedings make an order providing for
substituted service in the manner provided for substituted service in
civil process in courts of record.
S 12. Paragraph 1 of subdivision (a) of section 1094 of the family
court act, as added by a chapter of the laws of 2011 amending the family
court act and the social services law relating to procedures for desti-
tute children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
(1) appoint an attorney to represent the child IN ACCORDANCE WITH
SECTION TWO HUNDRED FORTY-NINE OF THIS ACT, and[, if entering an appear-
ance at the initial appearance or thereafter, the parent or parents or
other person or persons legally responsible;] APPOINT AN ATTORNEY TO
REPRESENT A PARENT, CARETAKER OR INTERESTED ADULT IN ACCORDANCE WITH
PARAGRAPH (IX) OF SUBDIVISION (A) OF SECTION TWO HUNDRED SIXTY-TWO OF
THIS ACT, IF HE OR SHE IS FINANCIALLY UNABLE TO OBTAIN COUNSEL;
S 13. Subparagraphs (i) and (ii) of paragraph 2 of subdivision (a) of
section 1094 of the family court act, as added by a chapter of the laws
S. 6116 6
of 2011 amending the family court act and the social services law relat-
ing to procedures for destitute children in the family court, as
proposed in legislative bills numbers A.7836-A and S.5694-A, are amended
to read as follows:
(i) if [a] ANY parent [or parents or other person or persons legally
responsible, CARETAKER OR INTERESTED ADULT enters an appearance, deter-
mine whether the child may safely remain in OR RETURN TO his or her [or
their] home and, if appropriate, order services to assist the family
toward that end; PROVIDED HOWEVER, THAT SUCH ORDER SHALL NOT INCLUDE THE
PROVISION OF ANY SERVICE OR ASSISTANCE TO THE CHILD AND HIS OR HER FAMI-
LY WHICH IS NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT TO
THE COMPREHENSIVE ANNUAL SERVICES PROGRAM PLAN THEN IN EFFECT;
(ii) determine whether [removal] TEMPORARY CARE is necessary to avoid
[imminent] risk to the child's life or health and whether it would be
contrary to the welfare of the child to continue in, OR RETURN TO his or
her own home, and, if so, whether the child should be placed in the
temporary care and custody of a relative or other suitable person or in
the temporary care and custody of the commissioner of social services;
S 14. Clause (A) of subparagraph (iii) of paragraph 2 of subdivision
(a) of section 1094 of the family court act, as added by 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, is
amended to read as follows:
(A) direct the petitioner to investigate whether there are any parents
[or other persons legally responsible], CARETAKERS OR INTERESTED ADULTS
not named in the petition or any other relatives or other suitable
persons with whom the child may safely reside and, if so, direct the
child to reside temporarily in their care; and
S 15. Paragraph 4 of subdivision (a) of section 1094 of the family
court act, as added by a chapter of the laws of 2011 amending the family
court act and the social services law relating to procedures for desti-
tute children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
(4) determine whether reasonable efforts were made prior to the place-
ment of the child into foster care to prevent or eliminate the need for
removal of the child from his or her home, and if such efforts were not
made whether the lack of such efforts were appropriate under the circum-
stances; determine, where appropriate, if reasonable efforts were made
to make it possible for the child to REMAIN IN OR return safely home;
and
S 16. Subdivision (b) of section 1094 of the family court act, as
added by 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, is amended to read as follows:
(b) [Unless there has been a hearing under subdivision (a) of this
section at which the parent or parents and child's attorney appeared,
the] (1) ANY parent [or parents of the child] OR CARETAKER, OR INTER-
ESTED ADULT FROM WHOSE CARE THE CHILD HAS BEEN REMOVED, or the child's
attorney may request a hearing to determine whether a child who has been
removed from his or her home should be returned and, if so, whether
services should be ordered to facilitate such return; PROVIDED HOWEVER,
THAT SUCH ORDER SHALL NOT INCLUDE THE PROVISION OF ANY SERVICE OR
ASSISTANCE TO THE CHILD AND HIS OR HER FAMILY WHICH IS NOT AUTHORIZED OR
REQUIRED TO BE MADE AVAILABLE PURSUANT TO THE COMPREHENSIVE ANNUAL
S. 6116 7
SERVICES PROGRAM PLAN THEN IN EFFECT. Except for good cause shown, the
hearing shall be held within three court days of the request and shall
not be adjourned. The court shall grant the application for return of
the child unless it finds that the return presents an imminent risk to
the child's life or health. If imminent risk to the child is found, the
court may make orders in accordance with paragraph two of subdivision
(a) of this section, including, but not limited to, directions for
investigations of relatives or other suitable persons with whom the
child may safely reside.
(2) IN DETERMINING WHETHER TEMPORARY REMOVAL OF THE CHILD IS NECESSARY
TO AVOID IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH, THE COURT SHALL
CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION IN THE CHILD'S
HOME WOULD BE CONTRARY TO THE BEST INTERESTS OF THE CHILD AND WHERE
APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE OF
THE HEARING TO PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF THE CHILD
FROM THE HOME AND WHERE APPROPRIATE, WHETHER REASONABLE EFFORTS WERE
MADE AFTER REMOVAL OF THE CHILD TO MAKE IT POSSIBLE FOR THE CHILD TO
SAFELY RETURN HOME.
(3) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR
ELIMINATE THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE
BUT THAT THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUM-
STANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING AND THE BASIS FOR
SUCH FINDING.
(4) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO ALLOW A CHILD
TO SAFELY RETURN HOME WERE NOT MADE SUBSEQUENT TO THE REMOVAL OF THE
CHILD BUT THAT THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER THE
CIRCUMSTANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING AND THE
BASIS FOR SUCH FINDING.
S 17. Section 1094 of the family court act, as added by 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, is
amended by adding two new subdivisions (c) and (d) to read as follows:
(C) (1) THE COURT MAY UPON ITS OWN MOTION OR THE MOTION OF ANY PERSON,
DEEM A PERSON NOT NAMED IN THE PETITION WHO HAS A SIGNIFICANT CONNECTION
TO THE CHILD ALLEGED TO BE DESTITUTE, A PARTY TO THE PROCEEDING, IF SUCH
PERSON CONSENTS TO BEING ADDED AS A PARTY, AND SUCH ACTION IS APPROPRI-
ATE UNDER THE CIRCUMSTANCES.
(2) IF THE COURT DEEMS A PERSON A PARTY PURSUANT TO PARAGRAPH (I) OF
THIS SUBDIVISION AND SUCH PERSON IS NOT BEFORE THE COURT, THE COURT
SHALL CAUSE A COPY OF THE PETITION AND A SUMMONS REQUIRING SUCH PERSON
TO APPEAR IN COURT ON THE RETURN DATE BE SERVED ON SUCH PERSON IN
ACCORDANCE WITH SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-THREE OF
THIS ARTICLE.
(D) THE COURT MAY, IF IT DEEMS APPROPRIATE, APPOINT COUNSEL FOR AN
INTERESTED ADULT OR ANOTHER PERSON NAMED AS A PARTY TO THE PROCEEDING
PURSUANT TO SUBDIVISION (C) OF THIS SECTION, IF SUCH ADULT OR PERSON IS
FINANCIALLY UNABLE TO OBTAIN COUNSEL.
S 18. Subdivision (a) of section 1095 of the family court act as added
by 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, is amended to read as follows:
(a) No fact finding hearing may commence under this article unless the
court enters a finding[:
S. 6116 8
(1)] that [the parent or parents or other person or persons legally
responsible for the child's care is or] ALL PARTIES are present at the
hearing and [has or] have been served with a copy of the petition[; or
(2)], PROVIDED HOWEVER, THAT if [the parent or parents or other person
or persons legally responsible for the care of the child] ANY PARTY is
or are living but are not present, that THE COURT MAY PROCEED IF every
reasonable effort has been made to effect service under subdivision (d)
of section one thousand ninety-three of this article.
S 19. Subdivisions (b), (c), (d), (e), (f) and (g) of section 1095 of
the family court act, as added by 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, are amended to read as follows:
(b) The court shall sustain the petition and make a finding that a
child is destitute if, based upon a preponderance of competent, material
and relevant evidence presented, the court finds that the child meets
the definition of a destitute child as described in subdivision (a) of
section one thousand ninety-two of this article. IF THE PROOF DOES NOT
CONFORM TO THE SPECIFIC ALLEGATIONS OF THE PETITION, THE COURT MAY AMEND
THE ALLEGATIONS TO CONFORM TO THE PROOF IF NO PARTY OBJECTS TO SUCH
CONFORMATION.
(c) If the court finds that the child does not meet such definition of
a destitute child or that the aid of the court is not required, the
court shall dismiss the petition, AND IF APPLICABLE, RETURN A CHILD WHO
WAS PLACED IN THE TEMPORARY CARE OF THE COMMISSIONER OF SOCIAL SERVICES
TO ANY PARENT, CARETAKER OR INTERESTED ADULT; provided, however, that if
the court finds that the child may be in need of protection under arti-
cle ten of this act, the court may request the commissioner of social
services to conduct a child protective investigation in accordance with
subdivision one of section one thousand thirty-four of this act. The
court shall state the grounds for any finding under this subdivision.
(d) If the court sustains the petition pursuant to subdivision (b) of
this section, it may immediately convene a dispositional hearing or may
adjourn the proceeding for further inquiries to be made prior to dispo-
sition PROVIDED HOWEVER, THAT IF A PETITION PURSUANT TO ARTICLE SIX OF
THIS ACT HAS BEEN FILED BY A PERSON OR PERSONS SEEKING CUSTODY OR GUAR-
DIANSHIP OF THE CHILD, OR IF A PETITION PURSUANT TO ARTICLE SEVENTEEN OF
THE SURROGATE'S COURT PROCEDURE ACT SEEKING GUARDIANSHIP OF THE CHILD
HAS BEEN FILED, THE COURT SHALL CONSOLIDATE THE DISPOSITIONAL HEARING
WITH A HEARING UNDER SECTION ONE THOUSAND NINETY-SIX OF THIS ARTICLE,
UNLESS CONSOLIDATION WOULD NOT BE APPROPRIATE UNDER THE CIRCUMSTANCES.
IF THE COURT DOES NOT CONSOLIDATE SUCH DISPOSITIONAL PROCEEDINGS IT
SHALL HOLD THE DISPOSITIONAL HEARING UNDER THIS SECTION IN ABEYANCE
PENDING THE DISPOSITION OF THE PETITION FILED PURSUANT TO ARTICLE SIX OF
THIS ACT OR ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT.
Based upon material and relevant evidence presented at the dispositional
hearing, the court shall enter an order of disposition stating the
grounds for its order and directing one of the following alternatives:
(1) [releasing the child to his or her parent or parents or other
person or persons legally responsible;
(2)] placing the child in the care and custody of the commissioner of
social services;
[(3) placing the child in the care and custody of relatives or suit-
able persons;] or
[(4)] (2) granting an order of custody or guardianship to relatives or
suitable persons pursuant to a petition under article six of this act OR
S. 6116 9
GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE
SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT and in accordance with
[the findings required by section one thousand fifty-five-b of this act]
SECTION ONE THOUSAND NINETY-SIX OF THIS ARTICLE.
(e) If the child has been placed pursuant to [paragraphs two or three]
PARAGRAPH ONE of subdivision (d) of this section, the court shall
include the following in its order:
(1) a date certain for the permanency hearing in accordance with para-
graph two of subdivision (a) of section one thousand eighty-nine of this
[article] ACT;
(2) [unless the child's parent or parents are deceased,] a description
of the plan for the child to visit with his or her parent or parents
unless contrary to the child's best interests;
(3) a direction that the child be placed together with or, at minimum,
to visit and have regular communication with, his or her siblings, if
any, unless contrary to the best interests of the child and/or the
siblings;
(4) [unless the child's parent or parents are deceased,] a direction
that the child's parent or parents be notified of any planning confer-
ences to be held pursuant to subdivision three of section four hundred
nine-e of the social services law, of their right to attend such confer-
ences and to have counsel or another representative or companion with
them;
(5) if the child is or will be fourteen or older by the date of the
permanency hearing, the services and assistance that may be necessary to
assist the child in learning independent living skills; and
(6) [unless the child's parent or parents are deceased,] a notice
that, if the child remains in foster care for fifteen of the most recent
twenty-two months, the agency may be required by law to file a petition
to terminate parental rights.
(f) If the child has been placed pursuant to paragraph [two or three]
ONE of subdivision (d) of this section, the provisions of part eight of
article ten of this act shall be applicable.
(g) If the court makes an order pursuant to paragraph one[, two or
three] of subdivision (d) of this section, the court may include a
direction for the commissioner of social services to provide or arrange
for services or assistance, LIMITED TO THOSE authorized OR REQUIRED to
be made available under the comprehensive annual services program plan
then in effect, to ameliorate the conditions that formed the basis for
the fact-finding under this section and, if the child has been [removed
from home] PLACED IN THE CARE AND CUSTODY OF THE COMMISSIONER OF SOCIAL
SERVICES, to facilitate [return of the child] THE CHILD'S PERMANENCY
PLAN.
S 20. The family court act is amended by adding a new section 1096 to
read as follows:
S 1096. CUSTODY OR GUARDIANSHIP WITH RELATIVES OR SUITABLE PERSONS
PURSUANT TO ARTICLE SIX OF THIS ACT OR ARTICLE SEVENTEEN OF THE SURRO-
GATE'S COURT PROCEDURE ACT. (A) AT THE CONCLUSION OF A HEARING HELD
PURSUANT TO SECTION ONE THOUSAND NINETY-FIVE OF THIS ARTICLE, THE COURT
MAY ENTER AN ORDER OF DISPOSITION GRANTING CUSTODY OR GUARDIANSHIP OF
THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE SIX OF THIS ACT
OR GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER
ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT IF:
(1) THE RELATIVE OR SUITABLE PERSON HAS FILED A PETITION FOR CUSTODY
OR GUARDIANSHIP OF THE CHILD PURSUANT TO ARTICLE SIX OF THIS ACT OR
S. 6116 10
GUARDIANSHIP OF THE CHILD PURSUANT TO ARTICLE SEVENTEEN OF THE SURRO-
GATE'S COURT PROCEDURE ACT; AND
(2) THE COURT FINDS THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
TO THE RELATIVE OR SUITABLE PERSON IS IN THE BEST INTERESTS OF THE
CHILD; AND
(3) THE COURT FINDS THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
TO THE RELATIVE OR SUITABLE PERSON UNDER ARTICLE SIX OF THIS ACT OR
GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE
SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT WILL PROVIDE THE CHILD
WITH A SAFE AND PERMANENT HOME; AND
(4) ALL PARTIES TO THE DESTITUTE CHILD PROCEEDING CONSENT TO THE
GRANTING OF CUSTODY OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR
ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT; OR
(5) AFTER A CONSOLIDATED FACT FINDING AND DISPOSITIONAL HEARING ON THE
DESTITUTE CHILD PETITION AND THE PETITION UNDER ARTICLE SIX OF THIS ACT
OR ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT:
(I) IF A PARENT OR PARENTS FAIL TO CONSENT TO THE GRANTING OF CUSTODY
OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR GUARDIANSHIP UNDER
ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT, THE COURT
FINDS THAT EXTRAORDINARY CIRCUMSTANCES EXIST THAT SUPPORT GRANTING AN
ORDER OF CUSTODY OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR GUAR-
DIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT;
OR
(II) IF THE PARENT OR PARENTS CONSENT AND A PARTY OTHER THAN A PARENT
FAILS TO CONSENT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP UNDER ARTI-
CLE SIX OF THIS ACT OR GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE
SURROGATE'S COURT PROCEDURE ACT, THE COURT FINDS THAT GRANTING CUSTODY
OR GUARDIANSHIP OF THE CHILD TO THE RELATIVE OR SUITABLE PERSON IS IN
THE BEST INTERESTS OF THE CHILD.
(B) AN ORDER MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
SHALL SET FORTH THE REQUIRED FINDINGS AS DESCRIBED IN SUBDIVISION (A) OF
THIS SECTION AND SHALL CONSTITUTE THE FINAL DISPOSITION OF THE DESTITUTE
CHILD PROCEEDING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COURT
SHALL NOT ISSUE AN ORDER OF SUPERVISION NOR MAY THE COURT REQUIRE THE
LOCAL DEPARTMENT OF SOCIAL SERVICES TO PROVIDE SERVICES TO THE PARENT,
PARENTS, CARETAKER OR INTERESTED ADULT WHEN GRANTING CUSTODY OR GUARDI-
ANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT OR GUARDIANSHIP UNDER ARTICLE
SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT UNDER THIS SECTION.
(C) AS PART OF THE ORDER GRANTING CUSTODY OR GUARDIANSHIP PURSUANT TO
ARTICLE SIX OF THIS ACT OR GUARDIANSHIP PURSUANT TO ARTICLE SEVENTEEN OF
THE SURROGATE'S COURT PROCEDURE ACT, THE COURT MAY REQUIRE THAT THE
LOCAL DEPARTMENT OF SOCIAL SERVICES AND THE ATTORNEY FOR THE CHILD
RECEIVE NOTICE OF AND BE MADE PARTIES TO ANY SUBSEQUENT PROCEEDING TO
MODIFY SUCH ORDER OF CUSTODY OR GUARDIANSHIP.
(D) AN ORDER ENTERED IN ACCORDANCE WITH THIS SECTION SHALL CONCLUDE
THE COURT'S JURISDICTION OVER THE PROCEEDING HELD PURSUANT TO THIS ARTI-
CLE AND THE COURT SHALL NOT MAINTAIN JURISDICTION OVER THE PARTIES FOR
THE PURPOSES OF PERMANENCY HEARINGS HELD PURSUANT TO ARTICLE TEN-A OF
THIS ACT.
S 21. 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
S. 6116 11
(b)] A CHILD UNDER THE AGE OF EIGHTEEN WHO IS in a state of want or
suffering due to lack of sufficient food, clothing, [or] shelter, or
medical or surgical care[, or]; AND:
(I) DOES NOT FIT WITHIN THE DEFINITION OF AN "ABUSED CHILD" OR A
"NEGLECTED CHILD" AS SUCH TERMS ARE DEFINED IN SECTION ONE THOUSAND
TWELVE OF THE FAMILY COURT ACT; AND
(II) IS WITHOUT ANY PARENT OR CARETAKER AS SUCH TERM IS DEFINED IN
SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT, AVAILABLE TO
SUFFICIENTLY CARE FOR HIM OR HER, DUE TO:
(A) THE DEATH OF A PARENT OR CARETAKER; OR
(B) THE INCAPACITY OR DEBILITATION OF A PARENT OR CARETAKER, WHERE
SUCH INCAPACITY OR DEBILITATION WOULD PREVENT SUCH PARENT OR CARETAKER
FROM BEING ABLE TO KNOWINGLY AND VOLUNTARILY ENTER INTO A WRITTEN AGREE-
MENT TO TRANSFER THE CARE AND CUSTODY OF SAID CHILD PURSUANT TO SECTION
THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
SERVICES LAW; OR
(C) THE INABILITY OF THE LOCAL SOCIAL SERVICES DISTRICT TO LOCATE ANY
PARENT OR CARETAKER, AFTER MAKING REASONABLE EFFORTS TO DO SO; OR
(D) THE PARENT OR CARETAKER BEING PHYSICALLY LOCATED OUTSIDE OF THE
STATE OF NEW YORK AND THE LOCAL SOCIAL SERVICES DISTRICT IS OR HAS BEEN
UNABLE TO RETURN SAID CHILD TO SUCH PARENT OR CARETAKER WHILE OR AFTER
MAKING REASONABLE EFFORTS TO DO SO, UNLESS THE LACK OF SUCH EFFORTS IS
OR WAS APPROPRIATE UNDER THE CIRCUMSTANCES;
[(c)] (B) a [person] CHILD WHO IS under the age of eighteen years [who
is] AND absent from his OR HER legal residence without the consent of
his OR HER parent, legal guardian or custodian[,]; or
[(d)] (C) a [person] CHILD under the age of eighteen who is without a
place of shelter where supervision and care are available[,] WHO IS NOT
OTHERWISE COVERED UNDER PARAGRAPH (A) OF THIS SUBDIVISION; or
[(e)] (D) A PERSON WHO IS a former foster care youth under the age of
twenty-one who was previously placed in the care and custody or custody
and guardianship 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 22. Paragraph (c) of subdivision 3 of section 384-b of the social
services law, as amended by chapter 41 of the laws of 2010, is amended
to read as follows:
(c) Where a child was placed or continued in foster care pursuant to
article ten [or], ten-A OR TEN-C of the family court act or section
three hundred fifty-eight-a of this chapter, a proceeding under this
section shall be originated in the family court in the county in which
the proceeding pursuant to article ten [or], ten-A OR TEN-C of the fami-
ly court act or section three hundred fifty-eight-a of this chapter was
last heard and shall be assigned, wherever practicable, to the judge who
last heard such proceeding. Where multiple proceedings are commenced
under this section concerning a child and one or more siblings or half-
siblings of such child, placed or continued in foster care with the same
commissioner pursuant to section one thousand fifty-five [or], one thou-
sand eighty-nine OR ONE THOUSAND NINETY-FIVE of the family court act,
all of such proceedings may be commenced jointly in the family court in
any county which last heard a proceeding under article ten [or], ten-A
OR TEN-C of the family court act regarding any of the children who are
the subjects of the proceedings under this section. In such instances,
the case shall be assigned, wherever practicable, to the judge who last
S. 6116 12
presided over such proceeding. In any other case, a proceeding under
this section, including a proceeding brought in the surrogate's court,
shall be originated in the county where either of the parents of the
child reside at the time of the filing of the petition, if known, or, if
such residence is not known, in the county in which the authorized agen-
cy has an office for the regular conduct of business or in which the
child resides at the time of the initiation of the proceeding. To the
extent possible, the court shall, when appointing an attorney for the
child, appoint an attorney who has previously represented the child.
S 23. Subdivision 1 of section 398 of the social services law, 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:
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 if it is necessary for the commissioner to take custody
of the child, file a petition pursuant to section one thousand ninety-
three of the family court act]
(A) OFFER PREVENTIVE SERVICES IN ACCORDANCE WITH SECTION FOUR HUNDRED
NINE-A OF THIS ARTICLE WHEN NECESSARY TO AVERT AN IMPAIRMENT OR
DISRUPTION OF A FAMILY WHICH COULD RESULT IN THE PLACEMENT OF THE CHILD
IN FOSTER CARE;
(B) 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 RELEVANT INFORMATION AS
REQUIRED ON A FORM PRESCRIBED BY THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, IN APPROPRIATE INSTANCES; AND
(C) ASSUME CHARGE OF AND PROVIDE CARE AND SUPPORT FOR ANY CHILD WHO IS
A DESTITUTE CHILD PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE WHO CANNOT BE PROPERLY
CARED FOR IN HIS OR HER HOME, AND IF REQUIRED, PETITION THE FAMILY COURT
TO OBTAIN CUSTODY OF THE CHILD IN ACCORDANCE WITH ARTICLE TEN-C OF THE
FAMILY COURT ACT.
S 24. Subparagraph 1 of paragraph (g) of subdivision 6 of section 398
of the social services law, as amended by chapter 169 of the laws of
1994, is amended to read as follows:
(1) Place children IN ITS CARE AND CUSTODY OR ITS CUSTODY AND GUARDI-
ANSHIP, in suitable instances, in family homes, agency boarding homes
[or], group homes or institutions under the proper safeguards[,]. SUCH
PLACEMENTS CAN BE MADE either directly, or through an authorized agency,
except that, direct placements in agency boarding homes or group homes
may be made by the social services [official] DISTRICT only if the
[department shall have] OFFICE OF CHILDREN AND FAMILY SERVICES HAS
authorized [him or her] THE DISTRICT to operate such homes in accordance
with the provisions of section three hundred seventy-four-b of this
chapter and only if suitable care is not otherwise available through an
authorized agency under the control of persons of the same religious
faith as the child. Where such [official] DISTRICT places a child in an
agency boarding home, group home or institution, either directly, or
through an authorized agency, the [official] DISTRICT shall certify in
writing to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES, that
such placement was made because it offers the most appropriate and least
restrictive level of care FOR THE CHILD, and, is more appropriate than a
family foster home placement, or, that such placement is necessary
because there are no qualified foster families available [to] WITHIN the
S. 6116 13
district WHO CAN CARE FOR THE CHILD. If [the number of] placements in
agency boarding homes, group homes or institutions [because] ARE THE
RESULT of a lack of foster parents [so warrants in any] WITHIN A PARTIC-
ULAR district, the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
shall assist such district to recruit and train foster parents. Place-
ments shall be made only in institutions [located in this state or in
such institutions located in an adjoining state as are maintained by a
corporation organized under the laws of this state and having authority
to maintain an institution for the care of children. However, all place-
ments shall be made in institutions] visited, inspected and supervised
in accordance with title three of article seven of this chapter and
conducted in conformity with the applicable regulations of the supervis-
ing state agency in accordance with title three of article seven of this
chapter. With the approval of the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES, a social services district may place a child in its
care and custody or its custody and guardianship in a federally funded
job corps program and may receive reimbursement for the approved costs
of appropriate program administration and supervision pursuant to a plan
developed by the department and approved by the director of the budget.
S 25. Paragraph (i) of subdivision 6 of section 398 of the social
services law is REPEALED.
S 26. Section 398-e of the social services law, as amended by chapter
584 of the laws of 2008, is amended to read as follows:
S 398-e. Eligibility for protective services, FOSTER CARE SERVICES,
and residential services for victims of domestic violence. An alien,
including a non-qualified alien, as determined by applicable federal
statute and regulation, is eligible for protective services for adults
and children, FOSTER CARE SERVICES, and residential services for victims
of domestic violence, to the extent such person is otherwise eligible
pursuant to this chapter and the regulations of the office of children
and family services and the office of temporary and disability assist-
ance.
S 27. Section 12 of a chapter of the laws of 2011 amending the family
court act and the social services law relating to procedures for desti-
tute children in the family court, as proposed in legislative bills
numbers A.7836-A and S.5694-A, is amended to read as follows:
S 12. This act shall take effect immediately; provided, however, that
[local commissioners of social services shall file petitions under this
act within ninety days of such effective date for any destitute child in
their care and custody on such effective date; and]:
(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS ACT SHALL TAKE
EFFECT UPON THE APPROVAL BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES OF A
TITLE IV-E STATE PLAN AMENDMENT TO ADD DESTITUTE CHILDREN, SUBMITTED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES;
(B) PROVIDED THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF
THE SUBMISSION AND APPROVAL SET FORTH IN THIS SECTION IN ORDER THAT THE
COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATA BASE OF
THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF
EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLATIVE LAW AND
SECTION 70-B OF THE PUBLIC OFFICERS LAW;
(C) provided further, that the amendments to subdivision (a) of
section 249 of the family court act made by section two of this act
shall survive the expiration and reversion of such subdivision as
provided in section 8 of chapter 29 of the laws of 2011, as amended.
S. 6116 14
S 28. Section 3 of 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, is amended to
read as follows:
S 3. This act shall take effect immediately[; provided that sections
one and two of this act shall take effect on the same date and in the
same manner as 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 bill number
A.7836A takes effect; provided however if section 4 of part F of chapter
58 of the laws of 2010 shall not have taken effect on or before legisla-
tive bill number A.7836A takes effect, then sections one and two of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2010 takes effect; and]:
(A) PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SECTIONS
ONE AND TWO OF THIS ACT SHALL TAKE EFFECT UPON THE APPROVAL BY THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ADMINISTRATION
FOR CHILDREN, YOUTH AND FAMILIES OF A TITLE IV-E STATE PLAN AMENDMENT TO
ADD DESTITUTE CHILDREN, SUBMITTED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES;
(B) PROVIDED THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF
THE SUBMISSION AND APPROVAL SET FORTH IN THIS SECTION AND WHETHER IN
ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE
DATE BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN
FURTHERANCE OF EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLA-
TIVE LAW AND SECTION 70-B OF THE PUBLIC OFFICERS LAW;
(C) provided[,] further, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
S 29. This act shall take effect immediately provided that:
(a) notwithstanding any provision of law to the contrary sections one
through twenty-six of this act shall take effect upon the approval by
the United States Department of Health and Human Services, Adminis-
tration for Children, Youth and Families of a title IV-E state plan
amendment to add destitute children, submitted by the office of children
and family services, the office of children and family services shall
notify the legislative bill drafting commission upon the occurrence of
the submission and approval set forth in this section in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law;
(b) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date; and
(c) the amendments to subdivision (a) of section 249 of the family
court act made by section one of this act shall survive the expiration
and reversion of such subdivision as provided in section 8 of chapter 29
of the laws of 2011, as amended.
