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

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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

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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 - Bill 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 - Bill Texts

view summary

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

view 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
nurturing environment. This bill will help increase the options for
placement in a manner that allows families to remain intact while
reducing further trauma for children placed in the to stew care
system.

LEGISLATIVE HISTORY: S.5968 - 2007 - Referred to Rules S.5968A - 2008
- Referred to Aging S.2033 - 2010 - Referred to Aging, Third Reading
S.1479C of 2011 - Passed Senate 06/18/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect immediately.

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                    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

S. 2094                             2

tioner  grandparent  [or],  grandparents OR RELATIVE, provided, however,
that the court may find that extraordinary  circumstances  exist  should
the prolonged separation have lasted for less than twenty-four months.
  (c)  Nothing  in  this  section  shall limit the ability of parties to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S 2. This act shall take effect immediately.

Co-Sponsors

S2094A - Bill 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 - Bill Texts

view summary

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

view 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.

Section two of the bill provides that this act shall take effect
immediately.

EXISTING LAW:

Domestic Relations Law section 72(b) currently allows the grandparents
of a minor child to seek custody or guardianship of the child when
extraordinary circumstances exist.

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. This bill will help increase the options for placement in a
manner that allows families to remain intact.

LEGISLATIVE HISTORY:

2012: S.1479-C - Passed Senate
2011: S.1479 - Referred to Aging
2010: S.2033 - 3rd Reading
2009: S.2033 - Referred to Aging
2008: S.5968-A - Referred to Aging
2007: S.5968 - Referred to Rules

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately.

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                    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.
                                                           LBD03868-03-3

S. 2094--A                          2

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-
tioner  grandparent  [or],  grandparents OR RELATIVE, provided, however,
that the court may find that extraordinary  circumstances  exist  should
the  prolonged  separation  have lasted for less than twenty-four months
AND PROVIDED THAT WHERE  THE  PARENT  PROVES  BY  PREPONDERANCE  OF  THE
EVIDENCE  THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE
PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE  COURT
SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST.
  (c)  Nothing  in  this  section  shall limit the ability of parties to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2094B (ACTIVE) - Bill 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) - Bill Texts

view summary

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

view 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
exist.

Section two of the bill amends Family Court Act section 651(b) and (d)
to include petitions for custody of a minor child pursuant to Domestic
Relations Law section 72 made by relatives of the minor child who are
within the second degree of consanguinity or affinity to one of the
minor child's parents within the Family Court's jurisdiction and when
a relative's petition is for the custody of a minor child who has been
placed in care pursuant to Family Court Act Article 10, to require
service of the petition upon the social services official having care
and custody of such child, and the child's attorney.

Section three of the bill provides that provides that this act shall
take effect immediately.

EXISTING LAW:

Domestic Relations Law section 72(b) currently allows the grandparents
of a minor child to seek custody or guardianship of the child when
extraordinary circumstances exist.

JUSTIFICATION:

Too often in our current system, children are placed in the foster
care even though there may be relatives whose homes are available for
placement. At this time, the Domestic Relations Law allows only the
grandparents of a child whose parents have failed to provide for his
or her care due to extraordinary circumstances to petition for custody
of the child. This bill will expand Domestic Relations Law section 72
to allow the close relatives of a child whose parents have failed to


provide care for his or her care due to extraordinary circumstances to
petition for custody.

Petitioning for custody of a child is an affirmative act that is
undertaken by those who care about the child's well-being. Providing a
child's relatives with the opportunity to petition for, and be
granted, custody of the child is in the best interest of the child. A
child who resides in the home of a relative will be afforded the
opportunity to feel safe and loved. The child will develop a sense of
permanence.

These children have a void in their lives from their parents' absence.
They deserve the chance to remain with and to experience life with
relatives who want to be part of their lives and care for them.

LEGISLATIVE HISTORY:

2013: S.2094-A - Passed Senate
2012: S.1479-C - Passed Senate
2011: S.1479 - Referred to Aging
2010: S.2033 -3rd Reading
2009: S.2033 -Referred to Aging
2008: S.5968-A- Referred to Aging
2007: S.5968-Referred to Rules

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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                    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.
                                                           LBD03868-08-4

S. 2094--B                          2

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-
tioner  grandparent  [or],  grandparents OR RELATIVE, provided, however,
that the court may find that extraordinary  circumstances  exist  should
the  prolonged  separation  have lasted for less than twenty-four months
AND PROVIDED THAT WHERE  THE  PARENT  PROVES  BY  PREPONDERANCE  OF  THE
EVIDENCE  THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE
PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE  COURT
SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST.
  (c)  Nothing  in  this  section  shall limit the ability of parties to
enter  into  consensual  custody  agreements  absent  the  existence  of
extraordinary circumstances.
  S  2. Subdivisions (b) and (d) of section 651 of the family court act,
subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
vision (d) as amended by chapter 41 of the laws of 2010, are amended  to
read as follows:
  (b) When initiated in the family court, the family court has jurisdic-
tion  to  determine,  in  accordance with subdivision one of section two
hundred forty of the domestic relations law and  with  the  same  powers
possessed  by  the  supreme  court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody  or  visitation  of  minors,
including  applications  by a grandparent or grandparents for visitation
or custody rights pursuant to section seventy-two or two  hundred  forty
of  the  domestic  relations  law , OR BY A RELATIVE WHO IS RELATED TO A
PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY  FOR
CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE DOMESTIC RELATIONS
LAW.
  (d)  With respect to applications by a grandparent or grandparents for
visitation or custody rights, made pursuant to  section  seventy-two  or
two hundred forty of the domestic relations law, OR BY A RELATIVE WHO IS
RELATED  TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR
AFFINITY FOR CUSTODY RIGHTS  PURSUANT  TO  SECTION  SEVENTY-TWO  OF  THE
DOMESTIC RELATIONS LAW, with a child remanded or placed in the care of a
person,  official,  agency  or institution pursuant to the provisions of
article ten of this act, the applicant, in  such  manner  as  the  court
shall  prescribe,  shall serve a copy of the application upon the social
services official having care and custody of such child, and the child's
attorney, who shall be afforded an opportunity to be heard thereon.
  S 3. This act shall take effect immediately.

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