senate Bill S2094B

2013-2014 Legislative Session

Relates to standing of certain relatives in custody and guardianship proceedings

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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

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

Mar 17, 2014 - Children and Families committee Vote

S2094A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 17, 2014

Apr 22, 2013 - Children and Families committee Vote

S2094
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 22, 2013

aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S2094 - Details

See Assembly Version of this Bill:
A7189B
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1749C, A10218A
2009-2010: S2033

S2094 - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

S2094 - Sponsor Memo

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

S2094A - Details

See Assembly Version of this Bill:
A7189B
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1749C, A10218A
2009-2010: S2033

S2094A - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

S2094A - Sponsor Memo

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

view additional co-sponsors

S2094B (ACTIVE) - Details

See Assembly Version of this Bill:
A7189B
Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1749C, A10218A
2009-2010: S2033

S2094B (ACTIVE) - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

S2094B (ACTIVE) - Sponsor Memo

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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