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Senate Bill S1749C

2011-2012 Legislative Session

Relates to the notification of certain relatives prior to the placement of children

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-S1749 - Details

See Assembly Version of this Bill:
A10218
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2013-2014: S2094, A7189
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316

2011-S1749 - Summary

Relates to the notification of certain relatives prior to the placement of children.

2011-S1749 - Sponsor Memo

2011-S1749 - Bill Text download pdf 

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

                                  1749

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Aging

AN  ACT  to  amend  the  elder  law  and  the domestic relations law, in
  relation to the notification of certain relatives prior to the  place-
  ment of children

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

  Section 1. Section 202 of the elder law is amended  by  adding  a  new
subdivision 15 to read as follows:
  15.  TO  MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION SEVENTY-TWO OF
THE DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE  GOVER-
NOR  ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT PROCE-
DURES.
  S 2. Subdivision 2 of section 72 of the  domestic  relations  law,  as
added by chapter 657 of the laws of 2003, is amended to read as follows:
  2.    (a)  Where  a  grandparent or the grandparents of a minor child,
residing within this state, OR THE RELATIVE OF  A  MINOR  CHILD  WHO  IS
RELATED  WITHIN  THE  THIRD  DEGREE OF CONSANGUINITY TO EITHER PARENT OF
SUCH CHILD AND WHO IS RESIDING IN THIS STATE,  can  demonstrate  to  the
satisfaction  of the court the existence of extraordinary circumstances,
such grandparent or grandparents OR RELATIVE of such child may apply  to
the  supreme  court  by commencing a special proceeding or for a writ of
habeas corpus to have such child brought before such court, or may apply
to family court pursuant to  subdivision  (b)  of  section  six  hundred
fifty-one of the family court act; and on the return thereof, the court,
by  order,  after  due notice to the parent or any other person or party
having the care, custody, and control of such child, to be given in such
manner as the court shall prescribe, may make  such  directions  as  the
best  interests  of  the  child may require, for custody rights for such
grandparent or grandparents OR RELATIVE in respect  to  such  child.  An

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-01-1

co-Sponsors

2011-S1749A - Details

See Assembly Version of this Bill:
A10218
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2013-2014: S2094, A7189
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316

2011-S1749A - Summary

Relates to the notification of certain relatives prior to the placement of children.

2011-S1749A - Sponsor Memo

2011-S1749A - Bill Text download pdf 

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

                                 1749--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, DeFRANCISCO -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Aging --
  recommitted to the Committee on Aging in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  elder  law  and  the  domestic  relations  law,  in
  relation  to the notification of certain relatives prior to the place-
  ment of children

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

  Section  1.  Section  202  of the elder law is amended by adding a new
subdivision 16 to read as follows:
  16. TO MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION  SEVENTY-TWO  OF
THE  DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE GOVER-
NOR ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT  PROCE-
DURES.
  S  2.  Subdivision  2  of section 72 of the domestic relations law, as
added by chapter 657 of the laws of 2003, is amended to read as follows:
  2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
residing  within  this  state,  OR THE RELATIVE OF THE PARENT OF A MINOR
CHILD WHO IS RELATED TO SUCH PARENT WITHIN THE THIRD DEGREE  OF  CONSAN-
GUINITY  OR  AFFINITY AND WHO IS RESIDING IN THIS STATE, can demonstrate
to the satisfaction of the court the existence of extraordinary  circum-
stances,  such grandparent or grandparents OR RELATIVE of such child may
apply to the supreme court by commencing a special proceeding or  for  a
writ  of  habeas corpus to have such child brought before such court, or
may apply to family court pursuant to subdivision  (b)  of  section  six
hundred  fifty-one  OR SECTION SIX HUNDRED SIXTY-ONE of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the  care,  custody,  and
control  of  such  child,  to be given in such manner as the court shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04228-02-2

co-Sponsors

2011-S1749B - Details

See Assembly Version of this Bill:
A10218
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2013-2014: S2094, A7189
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316

2011-S1749B - Summary

Relates to the notification of certain relatives prior to the placement of children.

2011-S1749B - Sponsor Memo

2011-S1749B - Bill Text download pdf 

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

                                 1749--B
    Cal. No. 917

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, AVELLA, DeFRANCISCO, HASSELL-THOMPSON, PARK-
  ER -- read twice and ordered printed, and when printed to be committed
  to  the Committee on Aging -- recommitted to the Committee on Aging in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report

AN ACT to amend the  elder  law  and  the  domestic  relations  law,  in
  relation  to the notification of certain relatives prior to the place-
  ment of children

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

  Section  1.  Section  202  of the elder law is amended by adding a new
subdivision 16 to read as follows:
  16. TO MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION  SEVENTY-TWO  OF
THE  DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE GOVER-
NOR ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT  PROCE-
DURES.
  S  2.  Subdivision  2  of section 72 of the domestic relations law, as
added by chapter 657 of the laws of 2003, is amended to read as follows:
  2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
IN  THE  THIRD  DEGREE  OF  CONSANGUINITY  OR THROUGH BLOOD, MARRIAGE OR
ADOPTION, RESIDING IN THIS STATE, can demonstrate to the satisfaction of
the court the existence of extraordinary circumstances, such grandparent
or grandparents OR RELATIVE of such child may apply to the supreme court
by commencing a special proceeding or for a writ  of  habeas  corpus  to
have  such child brought before such court, or may apply to family court
pursuant to subdivision (b) of section six hundred fifty-one OR  SECTION

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

co-Sponsors

2011-S1749C (ACTIVE) - Details

See Assembly Version of this Bill:
A10218
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2033
2013-2014: S2094, A7189
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316

2011-S1749C (ACTIVE) - Summary

Relates to the notification of certain relatives prior to the placement of children.

2011-S1749C (ACTIVE) - Sponsor Memo

2011-S1749C (ACTIVE) - Bill Text download pdf 

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

                                 1749--C
    Cal. No. 917

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, AVELLA, DeFRANCISCO, HASSELL-THOMPSON, PARK-
  ER -- read twice and ordered printed, and when printed to be committed
  to  the Committee on Aging -- recommitted to the Committee on Aging in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report -- ordered to a third reading, amended and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the domestic relations law, in relation to the notifica-
  tion of certain relatives prior to the placement of children

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

  Section 1.  Subdivision 2 of section 72 of the domestic relations law,
as added by chapter 657 of the laws of  2003,  is  amended  to  read  as
follows:
  2.    (a)  Where  a  grandparent or the grandparents of a minor child,
residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
IN THE THIRD DEGREE OF CONSANGUINITY OR THROUGH  MARRIAGE  OR  ADOPTION,
RESIDING  IN THIS STATE can demonstrate to the satisfaction of the court
the existence of extraordinary  circumstances,  such  grandparent  [or],
grandparents OR RELATIVE of such child may apply to the supreme court by
commencing  a  special proceeding or for a writ of habeas corpus to have
such child brought before such court,  or  may  apply  to  family  court
pursuant  to subdivision (b) of section six hundred fifty-one OR SECTION
SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there-
of,  the  court,  by  order, after due notice to the parent or any other
person or party having the care, custody, and control of such child,  to
be  given  in  such  manner  as the court shall prescribe, may make such
directions as the best interests of the child may require,  for  custody

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

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