S T A T E O F N E W Y O R K
________________________________________________________________________
7707
I N S E N A T E
June 2, 2014
___________
Introduced by Sen. FELDER -- 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 the supervision of
persons with custody of protected children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (i) and (ii) of paragraph (a) of subdivision
2 of section 1017 of the family court act, as amended by chapter 519 of
the laws of 2008, are amended to read as follows:
(i) grant an order of custody or guardianship to such non-respondent
parent, other relative or other suitable person pursuant to section one
thousand fifty-five-b of this article AND MAKE ANY ORDER ALLOWABLE UNDER
SECTION TWO HUNDRED FIFTY-FIVE OR ONE THOUSAND FIFTEEN-A OF THIS ACT; or
(ii) place the child directly in the custody of such non-respondent
parent, other relative or other suitable person pursuant to this article
during the pendency of the proceeding or until further order of the
court, whichever is earlier and conduct such other and further investi-
gations as the court deems necessary AND MAKE ANY ORDER ALLOWABLE UNDER
SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS
ACT; or
S 2. Subdivision 3 of section 1017 of the family court act, as added
by chapter 519 of the laws of 2008, is amended to read as follows:
3. An order placing a child with a relative, INCLUDING A NON-RESPON-
DENT PARENT, or other suitable person pursuant to this section may not
be granted unless the relative or other suitable person consents to the
jurisdiction of the court. The court may place the person with whom the
child has been directly placed under supervision during the pendency of
the proceeding. Such supervision shall be provided by a child protective
agency, social services official or duly authorized agency. The court
also may issue a temporary order of protection under subdivision (f) of
section one thousand twenty-two, section one thousand twenty-three or
section one thousand twenty-nine of this article, AND MAY MAKE ANY ORDER
ALLOWABLE UNDER SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND
FIFTEEN-A OF THIS ACT. An order of supervision issued pursuant to this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15449-01-4
S. 7707 2
subdivision shall set forth the terms and conditions that the relative
or suitable person must meet and the actions that the child protective
agency, social services official or duly authorized agency must take to
exercise such supervision.
S 3. Subdivision (a) of section 1054 of the family court act, as
amended by chapter 41 of the laws of 2010, is amended to read as
follows:
(a) If the order of disposition releases the child to the custody of
his or her parent or other person legally responsible for his or her
care at the time of the filing of the petition, the court may place the
person to whose custody the child is released under supervision of a
child protective agency or of a social services official or duly author-
ized agency, [or] may enter an order of protection under section one
thousand fifty-six, [or both] AND MAY MAKE ANY ORDER ALLOWABLE UNDER
SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS
ACT. An order of supervision entered under this section shall set forth
the terms and conditions of such supervision that the [respondent]
PERSON OR PERSONS AGAINST WHOM THE ORDER IS ENTERED must meet and the
actions that the child protective agency, social services official or
duly authorized agency must take to exercise such supervision. Except as
provided for herein, in any order issued pursuant to this section, the
court may require the child protective agency to make progress reports
to the court, the parties, and the child's attorney on the implementa-
tion of such order. Where the order of disposition is issued upon the
consent of the parties and the child's attorney, such agency shall
report to the court, the parties and the child's attorney no later than
ninety days after the issuance of the order, unless the court determines
that the facts and circumstances of the case do not require such report
to be made.
S 4. This act shall take effect immediately.