senate Bill S1173A

2013-2014 Legislative Session

Provides for the establishment of kinship guardianships for kinship foster parent

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 1173a
amend and recommit to children and families
Jan 08, 2014 referred to children and families
Jan 09, 2013 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S1173 - Details

See Assembly Version of this Bill:
A3699A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Add §1059, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S563, A609, A909
2009-2010: S1092, A1197, A2084

S1173 - Summary

Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.

S1173 - Sponsor Memo

S1173 - Bill Text download pdf

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

                                  1173

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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  establishing
  kinship guardianship

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

  Section 1. The family court act is amended by  adding  a  new  section
1059 to read as follows:
  S  1059.  KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS.  WHEN  USED IN THIS
SECTION:
  A. "KINSHIP FOSTER CHILD" SHALL MEAN A  CHILD  PLACED  WITH  A  SOCIAL
SERVICES  OFFICIAL  PURSUANT  TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS
PART WHO IS PLACED EITHER (I) AS A  KINSHIP  FOSTER  CHILD  PURSUANT  TO
REGULATIONS  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A
FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL  OR
OTHER  AUTHORIZED  AGENCY  IN  THE  HOME  OF A RELATIVE WITHIN THE THIRD
DEGREE;
  B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS  APPROVED
OR  CERTIFIED  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED  WITHIN
THE THIRD DEGREE.
  2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
SECTION  ONE THOUSAND FIFTY-FIVE OF THIS PART TO HAVE THE KINSHIP FOSTER
PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION  SHALL
ALLEGE  THAT  THE  CHILD  WAS PLACED, THAT MORE THAN FIFTEEN MONTHS HAVE
PASSED SINCE THE DATE OF THE ORDER PLACING THE CHILD, THAT  THE  PARENTS
OF  THE  CHILD  ARE  PRESENTLY  AND FOR THE FORESEEABLE FUTURE UNABLE TO
PROVIDE PROPER AND ADEQUATE CARE  FOR  THE  CHILD,  NOTWITHSTANDING  THE
AUTHORIZED  AGENCY'S  DILIGENT  EFFORTS  TO ENCOURAGE AND STRENGTHEN THE

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

S1173A (ACTIVE) - Details

See Assembly Version of this Bill:
A3699A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Add §1059, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S563, A609, A909
2009-2010: S1092, A1197, A2084

S1173A (ACTIVE) - Summary

Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.

S1173A (ACTIVE) - Sponsor Memo

S1173A (ACTIVE) - Bill Text download pdf

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

                                 1173--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families 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  family  court  act, in relation to establishing
  kinship guardianship

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

  Section  1.  The  family  court act is amended by adding a new section
1059 to read as follows:
  S 1059. KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS.  WHEN  USED  IN  THIS
SECTION:
  A.  "KINSHIP  FOSTER  CHILD"  SHALL  MEAN A CHILD PLACED WITH A SOCIAL
SERVICES OFFICIAL PURSUANT TO SECTION ONE THOUSAND  FIFTY-FIVE  OF  THIS
PART  WHO  IS  PLACED  EITHER  (I) AS A KINSHIP FOSTER CHILD PURSUANT TO
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II)  AS  A
FOSTER  CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL OR
OTHER AUTHORIZED AGENCY IN THE HOME  OF  A  RELATIVE  WITHIN  THE  THIRD
DEGREE;
  B.  "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS APPROVED
OR CERTIFIED PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-EIGHT  OF  THE
SOCIAL  SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED WITHIN
THE THIRD DEGREE.
  2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
SECTION ONE THOUSAND FIFTY-FIVE OF THIS PART TO HAVE THE KINSHIP  FOSTER
PARENT  APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION SHALL
ALLEGE THAT THE CHILD WAS PLACED, THAT MORE  THAN  FIFTEEN  MONTHS  HAVE
PASSED  SINCE  THE DATE OF THE ORDER PLACING THE CHILD, THAT THE PARENTS

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

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