senate Bill S1752

2013-2014 Legislative Session

Provides that the return of certain children to the care and custody of the parent, parents or guardian shall be done pursuant to a transition plan

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Mar 19, 2014 advanced to third reading
Mar 18, 2014 2nd report cal.
Mar 17, 2014 1st report cal.284
Jan 08, 2014 referred to children and families
returned to senate
died in assembly
Jun 10, 2013 referred to children and families
delivered to assembly
passed senate
Jun 05, 2013 advanced to third reading
Jun 04, 2013 2nd report cal.
Jun 03, 2013 1st report cal.955
Jan 09, 2013 referred to children and families

Votes

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Mar 17, 2014 - Children and Families committee Vote

S1752
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Mar 17, 2014

Jun 3, 2013 - Children and Families committee Vote

S1752
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Jun 3, 2013

S1752 - Bill Details

Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §§358-a & 384-a, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3517
2009-2010: A4720

S1752 - Bill Texts

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Provides that the return of a child who has been in the care and custody of a social services official for a period of six months or more without visitation by the parent, parents or guardian shall be returned to the care and custody of the parent, parents or guardian pursuant to a transition plan.

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BILL NUMBER:S1752

TITLE OF BILL:
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 guardian

PURPOSE:
This legislation would require the court to establish a transition
plan for the return of a child who has been in the custody of social
services and has not been visited by their parent, parents or
guardian for a period of six months or more.

SUMMARY OF PROVISIONS:

Section one amends subdivision 7 of § 358-a of the Social Services Law
which concerns the return of a dependent child in foster care to
their parent, parents or guardian. This bill would require the
inclusion of a transition plan in the instrument returning the
dependent child when the child has been in the custody of social
services and has not been visited by their parent(s) or guardian for
a period of six months or more. The transition plan would consist of
a series of visits over a period of time determined by the court, on
a case by case basis to prepare the child for their return to the
parent(s) or guardian.

Section two amends subdivision 2 of § 384-a of the social services law
which concerns the terms of the transfer of care and custody of
children to reflect the same requirements as required by section one
of this bill.

JUSTIFICATION:
While an abandonment proceeding may be brought after six months
without contact or visits between the child and parent or guardian,
it is not always in the best interest of the child to do so.
Therefor, some children are returned to their parent or guardian
after a period of time without having visited the parent or guardian.
In these situations, the child's return can be a very traumatic time
for the child, especially if the child is an infant or toddler. A
transition period where visits between the parent or guardian and the
child would emotionally assist the child as they prepare to return to
the custody of their parent or guardian.

The duration and number of visits necessary for the child to prepare
will be different for each child and each situation, therefore the
transition plan would be left to the court that has been involved
with the parties to determine the plan in the best interests of the
child.

LEGISLATIVE HISTORY:
S.3517 2011-12; S.2476 S.2009-10; S.1663, 2007-08; S.910, 2005-06;
S.3041, 2003-04; S.7145, 2001-02.

FISCAL IMPLICATIONS:
Minimal to the state, as the duration of a child's foster care


placement does not necessarily need to be extended to meet the
requirements of this bill.

EFFECTIVE DATE:
This act shall take effect 30 days after it shall have become a law.

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

                                  1752

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD06168-01-3

S. 1752                             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.

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