senate Bill S5203A

2013-2014 Legislative Session

Relates to the treatment of non-respondent parents in child protective, destitute child and permanancy proceedings in family court

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Archive: Last Bill Status - In Senate 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
Jan 08, 2014 referred to children and families
May 30, 2013 print number 5203a
amend (t) and recommit to children and families
May 14, 2013 referred to children and families

S5203 - Details

See Assembly Version of this Bill:
A7623
Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally; amd §240, Dom Rel L

S5203 - Summary

Relates to the treatment of non-respondent parents in child protective, destitute child and permanency proceedings in family court.

S5203 - Sponsor Memo

S5203 - Bill Text download pdf

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

                                  5203

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  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  non-respondent
  parents   in   child   protective,   destitute  child  and  permanency
  proceedings in family court

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

  Section  1.  Section 1012 of the family court act is amended by adding
three new subdivisions (l), (m) and (n) to read as follows:
  (L) "PARENT" MEANS A PERSON WHO IS RECOGNIZED UNDER THE  LAWS  OF  THE
STATE OF NEW YORK TO BE THE CHILD'S LEGAL PARENT.
  (M)  "RELATIVE" MEANS ANY PERSON WHO IS RELATED TO THE CHILD BY BLOOD,
MARRIAGE OR ADOPTION AND WHO IS NOT A PARENT, PUTATIVE PARENT  OR  RELA-
TIVE OF A PUTATIVE PARENT OF THE CHILD.
  (N)  "SUITABLE  PERSON"  MEANS  ANY  PERSON  WHO PLAYS OR HAS PLAYED A
SIGNIFICANT POSITIVE ROLE IN THE CHILD'S LIFE OR  IN  THE  LIFE  OF  THE
CHILD'S FAMILY.
  S  2.  Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
of section 1017 of the family court act, subdivision 1 and paragraph (a)
of subdivision 2 as amended by section 10 of part A of chapter 3 of  the
laws  of  2005,  the  opening  paragraph  of subdivision 1 as separately
amended by chapter 671 of the laws of 2005, subparagraphs (i)  and  (ii)
of paragraph a of subdivision 2 as amended and subdivision 3 as added by
chapter 519 of the laws of 2008, are amended to read as follows:
  1.  In  any  proceeding  under this article, when the court determines
that a child must be removed from his or her home, pursuant to part  two
of  this article, or placed, pursuant to section one thousand fifty-five
of this article[,]:
  (A) the court shall direct the local commissioner of  social  services
to  conduct  an  immediate  investigation  to  locate any non-respondent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09934-02-3

S5203A (ACTIVE) - Details

See Assembly Version of this Bill:
A7623
Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally; amd §240, Dom Rel L

S5203A (ACTIVE) - Summary

Relates to the treatment of non-respondent parents in child protective, destitute child and permanency proceedings in family court.

S5203A (ACTIVE) - Sponsor Memo

S5203A (ACTIVE) - Bill Text download pdf

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

                                 5203--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee  on  Children  and  Families  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the family court act and the domestic relations law, in
  relation to non-respondent parents in child protective and  permanency
  proceedings in family court

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

  Section 1. Section 651 of the family court act is amended by adding  a
new subdivision (c-1) to read as follows:
  (C-1)  WHERE  A  PROCEEDING  FILED PURSUANT TO ARTICLE TEN OR TEN-A OF
THIS ACT IS PENDING AT THE SAME TIME AS  A  PROCEEDING  BROUGHT  IN  THE
FAMILY  COURT  PURSUANT  TO  THIS  ARTICLE, THE COURT PRESIDING OVER THE
PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THIS ACT MAY JOINTLY  HEAR  THE
HEARING  ON  THE  CUSTODY AND VISITATION PETITION UNDER THIS ARTICLE AND
THE DISPOSITIONAL HEARING ON THE  PETITION  UNDER  ARTICLE  TEN  OR  THE
PERMANENCY  HEARING  UNDER ARTICLE TEN-A OF THIS ACT; PROVIDED, HOWEVER,
THE COURT MUST DETERMINE THE CUSTODY AND VISITATION PETITION IN  ACCORD-
ANCE WITH THE TERMS OF THIS ARTICLE.
  S  2.  Section 1012 of the family court act is amended by adding three
new subdivisions (l), (m) and (n) to read as follows:
  (L) "PARENT" MEANS A PERSON WHO IS RECOGNIZED UNDER THE  LAWS  OF  THE
STATE OF NEW YORK TO BE THE CHILD'S LEGAL PARENT.
  (M)  "RELATIVE" MEANS ANY PERSON WHO IS RELATED TO THE CHILD BY BLOOD,
MARRIAGE OR ADOPTION AND WHO IS NOT A PARENT, PUTATIVE PARENT  OR  RELA-
TIVE OF A PUTATIVE PARENT OF THE CHILD.
  (N)  "SUITABLE  PERSON"  MEANS  ANY  PERSON  WHO PLAYS OR HAS PLAYED A
SIGNIFICANT POSITIVE ROLE IN THE CHILD'S LIFE OR  IN  THE  LIFE  OF  THE
CHILD'S FAMILY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09934-06-3

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