Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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---|---|
May 05, 2014 | referred to judiciary delivered to assembly passed senate |
Apr 28, 2014 | amended on third reading (t) 2094b |
Mar 19, 2014 | advanced to third reading |
Mar 18, 2014 | 2nd report cal. |
Mar 17, 2014 | 1st report cal.285 |
Jan 08, 2014 | referred to children and families returned to senate died in assembly |
Jun 04, 2013 | referred to judiciary delivered to assembly passed senate |
May 29, 2013 | amended on third reading (t) 2094a |
Apr 24, 2013 | advanced to third reading |
Apr 23, 2013 | 2nd report cal. |
Apr 22, 2013 | 1st report cal.360 |
Jan 10, 2013 | referred to children and families |
senate Bill S2094A
Sponsored By
Martin J. Golden
(R, C, IP) 0 Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Votes
Bill Amendments
Co-Sponsors
Tony Avella
(D) 0 Senate District
Terry Gipson
(D) 0 Senate District
S2094 - Details
- See Assembly Version of this Bill:
- A7189
- 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
2011-2012: S1749, A10218
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316
S2094 - Sponsor Memo
BILL NUMBER:S2094 TITLE OF BILL: An act to amend the domestic relations law, in relation to the notification of certain relatives prior to the placement of children PURPOSE: The purpose of this bill is to reduce the burden on the foster care system and to increase the options for the placement of foster children to stay within their family. SUMMARY OF PROVISIONS: Section 1 - amends section 72 of the domestic relations law, to include a relative within the third degree of consanguinity, who resides within the state, as suitable for emergency placement of a child, if the court makes a finding of extraordinary circumstances. Section 2 - Effective date. EXISTING LAW: Section 72 of the domestic relations law. JUSTIFICATION: Too often in our current system, children are placed in foster care even though there may be relatives whose homes are available for placement, and where the child can receive a safe and
S2094 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2094 2013-2014 Regular Sessions I N S E N A T E January 10, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families 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 rights for such grandparent [or], grandparents OR RELATIVE in respect to such child. An extended disruption of custody, as such term is defined in this section, shall constitute an extraordinary circumstance. (b) For the purposes of this section "extended disruption of custody" shall include, but not be limited to, a prolonged separation of the respondent parent and the child for at least twenty-four continuous months, during which TIME the parent voluntarily relinquished care and control of the child and the child resided in the household of the peti- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03868-01-3
Co-Sponsors
Tony Avella
(D) 0 Senate District
Terry Gipson
(D) 0 Senate District
S2094A - Details
- See Assembly Version of this Bill:
- A7189
- 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
2011-2012: S1749, A10218
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316
S2094A - Sponsor Memo
BILL NUMBER:S2094A TITLE OF BILL: An act to amend the domestic relations law, in relation to the standing of certain relatives in custody and guardianship proceedings PURPOSE: The purpose of this bill is to afford close relatives of children the opportunity to petition the court for custody or guardianship of a minor child when extraordinary circumstances exist. SUMMARY OF PROVISIONS: Section one of the bill amends Domestic Relations Law section 72(2)(a) to provide certain relatives to a parent of a minor child with the same right as the child's grandparents, which is to petition the court for custody or guardianship when an extraordinary circumstance exists. These relatives must reside within the state and be within the second degree of consanguinity, through marriage or adoption, to one of the minor child's parents. This bill also amends Domestic Relations Law section 72(2)(b) to provide that when the parent proves by a Preponderance of the evidence that acts of domestic violence committed against the parent contributed to the parent's relinquishment of care and control of the minor child, the court shall find that no extraordinary circumstances exist.
S2094A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2094--A Cal. No. 360 2013-2014 Regular Sessions I N S E N A T E January 10, 2013 ___________ Introduced by Sens. GOLDEN, AVELLA, GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and 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 standing of certain relatives in custody and guardianship proceedings 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 SECOND 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 rights for such grandparent [or], grandparents OR RELATIVE in respect to such child. An extended disruption of custody, as such term is defined in this section, shall constitute an extraordinary circumstance. (b) For the purposes of this section "extended disruption of custody" shall include, but not be limited to, a prolonged separation of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Tony Avella
(D) 0 Senate District
Terry Gipson
(D) 0 Senate District
Jack M. Martins
(R, C) 7th Senate District
Bill Perkins
(D, WF) 0 Senate District
S2094B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7189
- 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
2011-2012: S1749, A10218
2015-2016: S2153, A380
2017-2018: S1614, A7574
2019-2020: S5648, A8316
S2094B (ACTIVE) - Sponsor Memo
BILL NUMBER:S2094B TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to the standing of certain relatives in custody and guardianship proceedings PURPOSE: The purpose of this bill is to afford close relatives of children the opportunity to petition the court for custody or guardianship of a minor child when extraordinary circumstances exist. SUMMARY OF PROVISIONS: Section one of the bill amends Domestic Relations Law section 72(2)(a) to provide certain relatives to a parent of a minor child with the same right as the child's grandparents, which is to petition the court for custody when an extraordinary circumstance exists. These relatives must reside within the state and be within the second degree of consanguinity or affinity to one of the minor child's parents. Section one also amends Domestic Relations Law section 72(2)(b) to provide that when a parent proves by a preponderance of the evidence that acts of domestic violence committed against that parent contributed to his or her relinquishment of care and control of the minor child, the court shall find that no extraordinary circumstances
S2094B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2094--B Cal. No. 285 2013-2014 Regular Sessions I N S E N A T E January 10, 2013 ___________ Introduced by Sens. GOLDEN, AVELLA, GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and 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 and the family court act, in relation to the standing of certain relatives in custody and guardian- ship proceedings 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 SECOND DEGREE OF CONSANGUINITY OR AFFINITY, 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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