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

                                  2998

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced  by  M. of A. MORELLE, HOYT -- Multi-Sponsored by -- M. of A.
  COOK, GALEF, HIKIND, McENENY, PEOPLES-STOKES, TOWNS -- read  once  and
  referred to the Committee on Children and Families

AN  ACT to amend the social services law, in relation to the return of a
  child to the care and custody of his or her parent, parents or guardi-
  an

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

  Section  1. Subdivision 7 of section 358-a of the social services law,
as amended by section 39 of part A of chapter 3 of the laws of 2005,  is
amended to read as follows:
  (7)  Return  of child. If an instrument provides for the return of the
care and custody of a child by the local social services official to the
parent, parents or guardian upon any terms  and  conditions  or  at  any
time, the local social services official shall comply with such terms of
such  instrument  without  further court order. Every order approving an
instrument providing for the transfer of the care and custody of a child
to a local social services official shall be  served  upon  the  parent,
parents  or  guardian who executed such instrument in such manner as the
family court judge may provide in such order, together with a notice  of
the  terms and conditions under which the care and custody of such child
may be returned to the parent, parents or  guardian.  If  an  instrument
provides  for the return of the care and custody of a child by the local
social services official to the  parent,  parents  or  guardian  without
fixing  a definite date for such return, or if the local social services
official shall fail to return a child to the care  and  custody  of  the
child's  parent, parents or guardian in accordance with the terms of the
instrument, the parent, parents or  guardian  may  seek  such  care  and
custody  by  motion  for return of such child and order to show cause in
such proceeding or by writ of habeas corpus in the supreme court.  IN  A
CASE WHERE A CHILD HAS BEEN IN THE CARE AND CUSTODY OF A SOCIAL SERVICES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05452-01-1
              

A. 2998                             2

OFFICIAL  FOR  A  PERIOD OF SIX MONTHS OR MORE WITHOUT VISITATION BY THE
PARENT, PARENTS OR GUARDIAN, THE INSTRUMENT THAT PROVIDES FOR THE RETURN
OF THE CARE AND CUSTODY OF A CHILD BY THE SOCIAL  SERVICES  OFFICIAL  TO
THE  PARENT, PARENTS OR GUARDIAN SHALL PROVIDE FOR A TRANSITION PLAN FOR
THE RETURN OF THE CHILD TO THE PARENT, PARENTS OR GUARDIAN. SUCH TRANSI-
TION PLAN SHALL CONSIST OF A SERIES OF VISITS OVER A PERIOD OF  TIME  TO
BE  DETERMINED BY THE COURT IN ORDER TO PREPARE THE CHILD FOR THE PERMA-
NENT RETURN OF THE CHILD TO HIS OR  HER  PARENT,  PARENTS  OR  GUARDIAN.
Nothing in this subdivision shall limit the requirement for a permanency
hearing pursuant to article ten-A of the family court act.
  S  2.  Subdivision  2  of  section 384-a of the social services law is
amended by adding a new paragraph (i) to read as follows:
  (I) IN A CASE WHERE A CHILD HAS BEEN IN THE  CARE  AND  CUSTODY  OF  A
SOCIAL  SERVICES  OFFICIAL OR SUITABLE PERSON RELATED TO THE CHILD FOR A
PERIOD OF SIX MONTHS WITHOUT VISITATION BY THE PARENT, PARENTS OR GUARD-
IAN, THE INSTRUMENT THAT PROVIDES FOR THE RETURN OF THE CARE AND CUSTODY
OF A CHILD BY THE SOCIAL SERVICES OFFICIAL TO  THE  PARENT,  PARENTS  OR
GUARDIAN  SHALL PROVIDE A TRANSITION PLAN FOR THE RETURN OF THE CHILD TO
THE PARENT, PARENTS OR GUARDIAN. SUCH TRANSITION PLAN SHALL CONSIST OF A
SERIES OF VISITS OVER A PERIOD OF TIME TO BE DETERMINED BY THE COURT  IN
ORDER  TO PREPARE THE CHILD FOR THE PERMANENT RETURN OF THE CHILD TO HIS
OR HER PARENT, PARENTS OR GUARDIAN.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.