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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  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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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

Bill Amendments

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A (Active)
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S5203 - Bill Details

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

S5203 - Bill Texts

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

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BILL NUMBER:S5203

TITLE OF BILL: 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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Recent years have witnessed a sea-change in attitudes and policies
concerning the role of non-respondent parents in child abuse and
neglect proceedings under Article 10 of the Family Court Act: viz.,
recognition that the other parents -- those not charged in child
protective proceedings - may, along with their extended families,
provide vital resources for their children. While child protective
officials once ignored or discouraged non-respondent parents from
participating in child protective proceedings concerning their
children, those officials, inspired by substantial statutory changes
during the past decade, now reach out to such parents to engage them
in planning for their children's care. While in the past, this
category was often an absent parent who had little relationship with
the children, more recently, in light of cases, such as Nicholson v.
Scoppetta, 3 N.Y.3d 357 (2004), non-respondent parents frequently
include custodial and other parents, who are involved in their
children's lives but are not deemed culpable in their neglect or
abuse.

As a statute initially drafted before these changes in attitude and
policy, Article 10 of the Family Court Act, not surprisingly, contains
a number of gaps and anomalies with respect to the treatment of
non-respondent parents. This measure seeks to rectify some of the more
obvious shortcomings in Article 10 with respect to non-respondent
parents and to explicitly encourage their greater participation in
abuse or neglect proceedings concerning their children. it also
expands the options available to Family Court judges to enable them to
craft appropriate orders that respect the rights of non-respondent
parents while assuring the safety and well being of the children who
are the subjects of the proceedings.

First, this measure would add definitions of "parent," "relative" and
"suitable person" to Family Court Act § 1012. The definition of
"parent," those legally recognized in New York, clarifies the range of
persons who may assert a parent's superior rights to care and custody
of a child under State and Federal law. See, e.g., Bennett v.
Jeffreys, 40 N.Y.2d 543 (1976)(state may not deprive parent of custody
of child absent extraordinary circumstances); Prince v.
Massachusetts, 321 11.S.158 (1944) ("It is cardinal with us that the
custody, care and nurture of the child reside first in the
parents...").

Second, Family Court Act § 1017 would be amended to clarify that
certain additional individuals should be identified, located and
notified of the pendency of child protective proceedings, although
they do not have the rights of legal parents under State law.
Analogous to the definition of "notice" fathers in Domestic Relations
Law §§ 111-a(2)(f), (g) and (h), this category would include persons


who are listed on the putative father registry, have a pending
paternity petition, were married to the child's parent within six
months after the child's birth or have been identified by the child's
parent in a written sworn statement. To ensure uniformity in the
information provided to those persons entitled to notice, this measure
provides that the content of the notice will be set by court rule.

Inclusion of these clarifications would establish a structure in
Article 10 consistent with the framework applicable to adoption
proceedings under the Domestic Relations Law, but expanded to be
gender-neutral. A "parent" under this measure would be analogous to a
"consent" father, whose consent is required for an adoption, and an
additional individual identified would be analogous to a "notice"
father, who merely has a right to be heard as to the child's best
interests. See Domestic Relations Law §§ 111, 111-a. By doing so, it
also would expand the scope of potential resources for children who
have been removed from their homes, and encourage non-respondent,
non-adjudicated birth fathers to establish their paternity and plan
for their children.

The measure further defines "relative" as a person who is related to
the child by blood, marriage or adoption, but who is not a parent of
the child. This distinction between parents" and "relatives" is
significant as the rights of each to the care and custody of children
are not identical under Article 10 of the Family Court Act. Likewise,
the measure includes "suitable person" in the definition section,
since such an individual has rights distinct from those of parents,
relatives and possible, but not adjudicated, parents.

The measure also deletes the definition of "non-respondent parent"
currently contained in section 1017(1) in light of the proposed
addition of a definition of "parent" in section 1012. It clarifies the
language of that subdivision by referring specifically to
"non-respondent parent, relative or suitable person" as potential
resources a court may consider after determining that a child must be
removed from his or her home. Likewise, section 1017(2)(a)(i) would
specify that, pursuant to a custody petition filed under Article six
of the Family Court Act, a court may grant a temporary order of
custody or guardianship to a non-respondent parent, relative, or
suitable person prior to disposition, or may grant a final order of
custody or guardianship to such person pursuant to section 1055-b at
the dispositional stage.

The measure also would modify section 1017(2)(a)(ii), which currently
provides that upon a determination that the child may reside with a
non-respondent parent or other relative or suitable person, the court
may temporarily release the child directly to the custody of such
person pursuant to Article 10. The measure would clarify the
difference between an order of custody under Article 6 of the Family
Court Act as provided in section 1017(2)(a)(i) and an order of release
of the child under section 1017(2)(a)(ii).

Moreover, section 1017(3) would be amended to require that, where a
child is temporarily released to the custody of a non-respondent
parent, relative or suitable person, the caretaker must submit to the
court's jurisdiction with respect to cooperation in meeting the needs
of the child. An order of temporary release may require such persons,


inter alia, to make the child available for court-ordered visitation
with parents, siblings or others, as well as for appointments with the
child's attorney, child protective agency, social services official,
authorized agency, clinician or other individual or program providing
services to the child. Striking a proper balance between intervention
to ensure the child's well-being and respect for the non-respondent
parent's or other caretaker's interests in minimal interference in
their everyday child-rearing decisions, the measure requires the court
order of release or custody under Article 10 to specify the terms of
such cooperation, as well as to any actions, if any, that the social
services agency must take.*

Third, this measure contains several amendments to sections of Article
10 of the Family Court Act relating to preliminary orders. It would
amend section 1022-a to clarify that a non-respondent parent who
qualifies for assignment of counsel under section 262 is eligible for
such assignment, unless waived, at pre-petition hearings held pursuant
to section 1022. Section 1027(d) would be amended to provide that a
court may release a child to his or her parent or other person legally
responsible for his or her care pending a final order of disposition.
It further deletes the reference to section 1054 as the source of the
court's authority to do this, since that section only addresses
dispositional orders, and instead substitutes a reference to section
1017, which pertains as well to pre-dispositional orders.
Additionally, with the aim of facilitating and encouraging the
participation of non-respondent parents in proceedings regarding their
children, section 1035 would be modified to require that notices of
pendency of child protective proceedings that are sent to
non-respondent parents also must advise them that they have a right to
counsel, including assigned counsel, if they are indigent. See Matter
of Sasha S., 256 A.D.2d 468 (2nd Dept., 1998) (required notice to
non-respondent father of the right to counsel, including the right to
appointment of counsel if he is indigent).

Fourth, the measure reorganizes the dispositional options available
with respect to releases of children and supervision of respondent
parents. Sections 1052(a)(ii) and 1054 are revised to cover solely the
release of children to persons who are not respondents in the child
protective proceeding, including parents, legal custodians or
guardians. Such orders of release, in contrast to orders of custody
under Article six of the Family Court Act, are time-limited, that is,
up to one year, which may be extended for another year for good cause.
Unless otherwise ordered by the court, the agency would be required to
submit a report no later than 90 days after issuance of the order and
60 days prior to its expiration. The caretaker would be required to
submit to the jurisdiction of the court to the same limited extent as
in orders of temporary release under proposed section 1017. An order
releasing a child may, therefore, require the caretaker to cooperate
in making the child available, inter alia, for court-ordered
visitation with parents, siblings or others and for appointments with
his or her attorney, caseworker, clinician and service programs.

In conjunction with release of a child to a non-respondent, the Family
Court may order supervision of the respondent under a revised and
expanded section 1057. Since section 1015-a applies to any phase of a
child protective proceeding, the court also may order services to be
provided to the respondent. This measure would thus address the


situation where the child's interests would best be served by residing
with a non- respondent parent for a time-limited period while the
respondent parent receives services that would promote the child's
eventual return to that parent. If during the period of the
dispositional order, respondent parent successfully completes the
services or programs ordered, the court may, if appropriate, utilize
section 1061 to modify the order releasing the child to the
non-respondent parent to provide for an earlier release date.

Sections 1052(a)(v) and 1057 would be amended to cover two
dispositional options, which may be ordered singly or together. A
child may be released to a respondent for a time-limited period of up
to one year, which may be extended for good cause for another year. A
report would be required no later than 90 days after issuance of the
order and 60 days prior to its expiration, unless dispensed with by
the Family Court. Additionally, in conjunction either with such a
release or with release of the child to a non-respondent, placement of
the child or issuance of an order of protection, the respondent may be
placed under the supervision of the child protective agency, social
services official or authorized agency. Such supervision also would be
time-limited - up to one year, with an extension for an additional
year for good cause - and, unless dispensed with, a report would be
required no later than 90 days after issuance of the order and 60 days
prior to its expiration.

Finally, the measure amends section 1055-b,to clarify the procedures
applicable when petitions for custody or guardianship are brought in
conjunction with a child protective proceeding. It would resolve a
serious inconsistency between sections 1055-b and 1017. Section
1017(2)(a)(i) currently provides that when a court determines that a
child may reside with a suitable non-respondent parent, it may "grant
an order of custody or guardianship to such non-respondent parent
pursuant to section one thousand fifty-five-b." However, as currently
drafted, section 1055-b only pertains to "(c)ustody or guardianship
with relatives or suitable persons pursuant to article six of (the
Family Court Act)" and does not mention non-respondent parents; nor
does it specify the standard by which to determine parents' requests
for custody in this context. The measure thus would insert "parents"
into the list of persons who may be granted Article 6 custody pursuant
to section 105S-b. It further makes clear that if a third party, Le.,
someone other than the child's parents, contests the custody petition,
the court must grant the order of custody to the parents in the
absence of a showing of extraordinary circumstances pursuant to
Bennett v. Jeffreys, supra, It also provides that, as in custody
proceedings generally, if the respondent parent contests the
non-respondent parent's request for custody, the standard by which to
determine the custody application is the best interests of the child.
Similar amendments are made to analogous provisions of the permanency
hearing and destitute child statutes (sections 1089-a and 1096,
respectively).

Questions regarding the rights of, and procedures applicable to,
non-respondent parents in child protective and related proceedings
have persisted in light of lingering ambiguities in the applicable
statutes. Enactment of this measure will provide a clear road-map that
will afford needed clarity to this increasingly important aspect of
child welfare cases.


This measure, which would have no fiscal impact upon the State, would
take effect 90 days after becoming a law.

Legislative History:

None. New proposal.

* This is consistent with the holding in Doe v, Mattingly, 2006 WI,
3498564 (E.D.N.Y., 2006)(Unpub.), which required a court order, absent
an emergency, as a prerequisite to a caseworker entering the home of a
non-respondent parent and conducting a body search of the baby in her
care.

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                    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

S. 5203                             2

parent of the child and any relatives of the child, including all of the
child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden-
tified by any respondent parent or any  non-respondent  parent  and  any
relative  OR  SUITABLE PERSON identified by a child over the age of five
as a [relative] PERSON who plays or has played  a  significant  positive
role  in  his  or her life[, and].   THE LOCAL COMMISSIONER SHALL inform
them of the pendency of  the  proceeding  and  of  the  opportunity  for
[becoming  foster parents or for seeking custody or care] NON-RESPONDENT
PARENTS TO SEEK TEMPORARY RELEASE of the child[, and that the child  may
be adopted by foster parents if attempts at reunification with the birth
parent  are  not  required  or  are unsuccessful] UNDER THIS ARTICLE  OR
CUSTODY UNDER ARTICLE SIX OF THIS  ACT  OR  FOR  RELATIVES  OR  SUITABLE
PERSONS  TO  SEEK TO BECOME FOSTER PARENTS OR TO PROVIDE FREE CARE UNDER
THIS ARTICLE OR CUSTODY UNDER ARTICLE SIX OF THIS ACT.  RULES  OF  COURT
SHALL  SPECIFY  THE  CONTENTS  OF  THE NOTICE. The local commissioner of
social services shall record the results of such investigation,  includ-
ing,  but  not limited to, the name, last known address, social security
number, employer's address and any other identifying information to  the
extent  known  regarding  any non-respondent parent, in the uniform case
record maintained pursuant to section four hundred nine-f of the  social
services  law. [For the purpose of this section, "non-respondent parent"
shall include a person  entitled  to  notice  of  the  pendency  of  the
proceeding and of the right to intervene as an interested party pursuant
to  subdivision (d) of section one thousand thirty-five of this article,
and a non-custodial parent entitled to notice and the right  to  enforce
visitation  rights  pursuant  to subdivision (e) of section one thousand
thirty-five of this article.]
  (B) THE COURT SHALL ALSO  DIRECT  THE  LOCAL  COMMISSIONER  OF  SOCIAL
SERVICES  TO  CONDUCT  AN  INVESTIGATION TO LOCATE ANY PERSON WHO IS NOT
RECOGNIZED TO BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE  THE  RIGHTS
OF  A  LEGAL PARENT UNDER THE LAWS OF THE STATE OF NEW YORK BUT WHO  (I)
HAS FILED WITH A PUTATIVE FATHER REGISTRY, OR (II) HAS A PENDING  PATER-
NITY  PETITION,  OR   (III) WAS MARRIED TO THE CHILD'S PARENT WITHIN SIX
MONTHS AFTER THE CHILD'S BIRTH, OR  (IV)  HAS  BEEN  IDENTIFIED  BY  THE
CHILD'S  PARENT  IN A WRITTEN SWORN STATEMENT. THE LOCAL COMMISSIONER OF
SOCIAL SERVICES SHALL RECORD THE RESULTS OF SUCH INVESTIGATION,  INCLUD-
ING,  BUT  NOT LIMITED TO, THE NAME, LAST KNOWN ADDRESS, SOCIAL SECURITY
NUMBER, EMPLOYER'S ADDRESS AND ANY OTHER IDENTIFYING INFORMATION TO  THE
EXTENT  KNOWN  REGARDING  ANY PERSON IDENTIFIED IN THE INVESTIGATION, IN
THE UNIFORM CASE RECORD MAINTAINED  PURSUANT  TO  SECTION  FOUR  HUNDRED
NINE-F OF THE SOCIAL SERVICES LAW.
  (C) The court shall determine:
  [(a)]  (I)  whether  there  is  a [suitable] non-respondent parent [or
other person related to the child], RELATIVE  OR  SUITABLE  PERSON  with
whom such child may appropriately reside; and
  [(b)]  (II) in the case of a relative OR SUITABLE PERSON, whether such
[relative] INDIVIDUAL seeks approval as a foster parent pursuant to  the
social  services  law for the purposes of providing care for such child,
or wishes to provide free care [and custody] for the  child  during  the
pendency of any orders pursuant to this article.
  (a) where the court determines that the child may APPROPRIATELY reside
with  a  [suitable]  non-respondent  parent or other relative or [other]
suitable person, either:
  (i) grant [an] A TEMPORARY order of custody or  guardianship  to  such
non-respondent  parent,  [other]  relative  or  [other]  suitable person
pursuant to A PETITION FILED UNDER  ARTICLE  SIX  OF  THIS  ACT  PENDING

S. 5203                             3

FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A
FINAL  ORDER  OF  CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT,
RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE  SIX  OF  THIS  ACT  AND
section one thousand fifty-five-b of this article; or
  (ii) [place] TEMPORARILY RELEASE the child directly [in] TO the custo-
dy of such non-respondent parent[, other] OR TEMPORARILY PLACE THE CHILD
IN THE CUSTODY OF A relative or [other] suitable person pursuant to this
article  during the pendency of the proceeding or until further order of
the court, whichever is earlier  and  conduct  such  other  and  further
investigations  as  the  court deems necessary. THE COURT MAY DIRECT THE
COMMISSIONER OF SOCIAL SERVICES, PURSUANT TO REGULATIONS OF  THE  OFFICE
OF  CHILDREN  AND  FAMILY  SERVICES, TO COMMENCE AN INVESTIGATION OF THE
HOME OF SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE  PERSON  WITHIN
TWENTY-FOUR  HOURS  AND,  IN  THE CASE OF A RELATIVE OR SUITABLE PERSON,
THEREAFTER APPROVE SUCH RELATIVE OR SUITABLE PERSON, IF QUALIFIED, AS  A
FOSTER PARENT. IF SUCH PERSON IS QUALIFIED AS A FOSTER PARENT, THE COURT
MAY  MAKE  AN ORDER PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH. IF
SUCH PERSON IS FOUND TO BE UNQUALIFIED  AS  A  FOSTER  PARENT  OR  IF  A
NON-RESPONDENT  PARENT IS FOUND UNQUALIFIED AS A RESOURCE FOR THE TEMPO-
RARY RELEASE OF THE CHILD UNDER THIS  ARTICLE,  THE  LOCAL  COMMISSIONER
SHALL REPORT SUCH FACT TO THE COURT FORTHWITH; or
  (iii) remand or place the child, as applicable, with the local commis-
sioner of social services and direct such commissioner to have the child
reside with such relative or [other] suitable person [and further direct
such  commissioner pursuant to regulations of the office of children and
family services, to commence an investigation of the home of such  rela-
tive  or  other  suitable person within twenty-four hours and thereafter
approve such relative or other suitable  person,  if  qualified,]  as  a
foster  parent.  [If  such home is found to be unqualified for approval,
the local commissioner shall report such fact to the court forthwith.]
  3. An order [placing] TEMPORARILY RELEASING  a  child  [with]  TO  THE
CUSTODY  OF A NON-RESPONDENT PARENT OR PARENTS, OR TEMPORARILY PLACING A
CHILD IN THE CUSTODY OF a relative or RELATIVES OR other suitable person
OR PERSONS pursuant to SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF this section OR REMANDING OR PLACING A CHILD WITH A LOCAL COMMIS-
SIONER OF SOCIAL SERVICES TO RESIDE WITH  A  RELATIVE  OR  RELATIVES  OR
SUITABLE  PERSON  OR  PERSONS AS FOSTER PARENTS PURSUANT TO SUBPARAGRAPH
(III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS  SECTION  may  not  be
granted  unless  the  [relative  or other suitable] person [consents] OR
PERSONS TO WHOM THE CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the
jurisdiction of the court WITH RESPECT TO THE CHILD.  The [court]  ORDER
SHALL  SET  FORTH  THE TERMS AND CONDITIONS APPLICABLE TO SUCH PERSON OR
PERSONS AND CHILD PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL  AND  DULY
AUTHORIZED  AGENCY  WITH  RESPECT TO THE CHILD AND may [place the person
with whom the child has been directly placed  under  supervision  during
the pendency of the proceeding. Such supervision shall be provided by a]
INCLUDE,  BUT  IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS
TO COOPERATE IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED  VISITATION
WITH  RESPONDENTS,  SIBLINGS  AND  OTHERS  AND FOR APPOINTMENTS WITH THE
CHILD'S ATTORNEY, child  protective  agency,  social  services  official
[or],  duly  authorized agency, CLINICIAN OR OTHER INDIVIDUAL OR PROGRAM
PROVIDING SERVICES TO THE CHILD DURING THE PENDENCY OF  THE  PROCEEDING.
The  court also may issue a temporary order of protection under subdivi-
sion (f) of section one thousand twenty-two, section one thousand  twen-
ty-three  or section one thousand twenty-nine of this article. [An order
of supervision issued pursuant to this subdivision shall set  forth  the

S. 5203                             4

terms  and conditions that the relative or suitable person must meet and
the actions that the child protective agency, social  services  official
or duly authorized agency must take to exercise such supervision.]
  S  3.  Section 1022-a of the family court act, as added by chapter 336
of the laws of 1990, is amended to read as follows:
  S 1022-a. Preliminary orders; notice and appointment of counsel. At  a
hearing  held  pursuant to section [ten hundred] ONE THOUSAND twenty-two
of this act at which the respondent is present, the court  shall  advise
the respondent AND ANY NON-RESPONDENT PARENT WHO IS PRESENT of the alle-
gations in the application and shall appoint counsel for [the respondent
pursuant  to]  EACH  IN ACCORDANCE WITH section two hundred sixty-two of
this act [where the respondent is indigent], UNLESS WAIVED.
  S 4. Subdivision (d) of section 1027 of the family court act, as added
by chapter 962 of the laws of 1970, is amended to read as follows:
  (d) Upon such hearing, the court may, for good  cause  shown,  release
the  child to [the custody of] his OR HER parent or other person legally
responsible for his OR HER care, pending a final order  of  disposition,
in  accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE.
  S 5. The opening paragraph of subdivision (d) of section 1035  of  the
family  court  act,  as  amended  by chapter 526 of the laws of 2003, is
amended to read as follows:
  Where the respondent is not the child's parent, service of the summons
and petition shall also be ordered on both of the child's parents; where
only one of the child's  parents  is  the  respondent,  service  of  the
summons  and petition shall also be ordered on the child's other parent.
The summons and petition shall be accompanied by a notice of pendency of
the child protective proceeding advising the parents or  parent  of  the
right to appear and participate in the proceeding as an interested party
intervenor for the purpose of seeking temporary and permanent RELEASE OF
THE  CHILD  UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX
OF THIS ACT, and to participate thereby in all  arguments  and  hearings
insofar  as  they  affect  the temporary RELEASE OR custody of the child
during fact-finding proceedings, and  in  all  phases  of  dispositional
proceedings.  The  notice shall also ADVISE THE PARENT OR PARENTS OF THE
RIGHT TO COUNSEL, INCLUDING ASSIGNED COUNSEL IF INDIGENT, AND ALSO indi-
cate that:
  S 6. Paragraphs (ii), (v) and (vi) of subdivision (a) of section  1052
of  the  family  court act, paragraphs (ii) and (v) as amended and para-
graph (vi) as added by chapter 519 of the laws of 2008, are  amended  to
read as follows:
  (ii)  releasing  the child to the custody of [his] A PARENT OR parents
or [other person legally responsible] LEGAL CUSTODIAN OR  CUSTODIANS  OR
GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE NOT RESPONDENTS IN THE PROCEED-
ING, in accord with section one thousand fifty-four of this part; or
  (v)  RELEASING  THE CHILD TO THE CUSTODY OF THE RESPONDENT OR RESPOND-
ENTS OR placing the respondent  OR  RESPONDENTS  under  supervision,  OR
BOTH, in accord with section one thousand fifty-seven of this part; or
  (vi)  granting  custody  of  the  child  to A NON-RESPONDENT PARENT OR
PARENTS, A RELATIVE OR relatives or A suitable PERSON OR persons  pursu-
ant  to section one thousand fifty-five-b AND ARTICLE SIX of this [part]
ACT.
  S 7. Section 1054 of the family court act, as amended by chapter  1039
of  the  laws  of  1973, subdivision (a) as amended by chapter 41 of the
laws of 2010 and subdivision (b) as amended by chapter 458 of  the  laws
of 1989, is amended to read as follows:

S. 5203                             5

  S  1054.  Release to custody of NON-RESPONDENT parent or [other person
responsible for care] LEGAL  CUSTODIAN  OR  GUARDIAN;  [supervision  or]
order  of  protection.   (a) [If the] AN order of disposition [releases]
MAY RELEASE the child FOR A DESIGNATED PERIOD OF UP TO ONE YEAR  to  the
custody  of [his or her] A NON-RESPONDENT parent or [other] PARENTS OR A
person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN
THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the
petition, [the] AND WHO IS NOT OR ARE NOT RESPONDENTS IN THE  PROCEEDING
UNDER  THIS  ARTICLE. AN ORDER UNDER THIS SECTION MAY BE EXTENDED UPON A
HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
  (B) THE court may [place] REQUIRE the  person  OR  PERSONS  to  [whose
custody]  WHOM  the  child  is  released  under  [supervision of a] THIS
SECTION TO SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT  TO  THE
CHILD  FOR  THE  PERIOD OF THE DISPOSITION OR ANY EXTENSION THEREOF. THE
ORDER MAY INCLUDE, BUT IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR
PERSONS TO COOPERATE IN MAKING THE  CHILD  AVAILABLE  FOR  COURT-ORDERED
VISITATION  WITH  RESPONDENTS,  SIBLINGS AND OTHERS AND FOR APPOINTMENTS
WITH THE CHILD'S ATTORNEY, child protective agency  [or  of  a],  social
services official or duly authorized agency, CLINICIAN OR OTHER INDIVID-
UAL  OR  PROGRAM  PROVIDING  SERVICES  TO THE CHILD. THE ORDER SHALL SET
FORTH THE TERMS AND CONDITIONS APPLICABLE  TO  SUCH  NON-RESPONDENT  AND
CHILD  PROTECTIVE  AGENCY,  SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED
AGENCY WITH RESPECT TO THE CHILD.
  (C) IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A  NON-RESPON-
DENT  PARENT,  RELATIVE  OR  SUITABLE PERSON UNDER THIS SUBDIVISION, THE
COURT MAY ALSO ISSUE ANY OR ALL OF THE FOLLOWING  ORDERS:  AN  ORDER  OF
SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV-
EN,  AN  ORDER  DIRECTING  THAT  SERVICES  BE PROVIDED TO THE RESPONDENT
PARENT UNDER SECTION ONE THOUSAND FIFTEEN-A or [may enter] an  order  of
protection  under section one thousand fifty-six OF THIS PART[, or both.
An order of supervision entered under this section shall set  forth  the
terms  and  conditions of such supervision that the respondent must meet
and the actions that the child protective agency, social services  offi-
cial or duly authorized agency must take to exercise such supervision].
  (D)  Except  as  provided  for herein, in any order issued pursuant to
this section, the court may require the child protective agency to  make
progress  reports to the court, the parties, and the child's attorney on
the implementation of such order. [Where the  order  of  disposition  is
issued  upon  the consent of the parties and the child's attorney, such]
UNLESS OTHERWISE ORDERED BY THE COURT, THE agency shall  report  to  the
court,  the  parties  and the child's attorney no later than ninety days
after the issuance of the order[, unless] AND NO LATER THAN  SIXTY  DAYS
PRIOR  TO  THE  EXPIRATION  OF  the [court determines that the facts and
circumstances of the case do not require such report to be made] ORDER.
  [(b) Rules of court shall define permissible terms and  conditions  of
supervision  under  this  section.  The duration of any period of super-
vision shall be for an initial period of no more than one year  and  the
court  may at the expiration of that period, upon a hearing and for good
cause shown, make successive extensions of such supervision of up to one
year each.]
  S 8. The section heading and subdivision (a) of section 1055-b of  the
family court act, as amended by section 7 of part F of chapter 58 of the
laws of 2010, are amended to read as follows:
  Custody  or  guardianship with A PARENT OR PARENTS, relatives or suit-
able persons pursuant to article six of this act  or  guardianship  with
[such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven-

S. 5203                             6

teen  of  the surrogate's court procedure act.  (a) At the conclusion of
the dispositional hearing under this article, the  court  may  enter  an
order  of disposition granting custody or guardianship of the child to a
PARENT OR PARENTS, AS DEFINED IN SUBDIVISION (1) OF SECTION ONE THOUSAND
TWELVE  OF  THIS  ARTICLE,  OR A relative OR RELATIVES or other suitable
person OR PERSONS under article six of this act or an order of guardian-
ship of the child to [such] a RELATIVE OR RELATIVES OR  SUITABLE  person
OR  PERSONS  under  article seventeen of the surrogate's court procedure
act if THE FOLLOWING CONDITIONS HAVE BEEN MET:
  (i) the PARENT OR PARENTS, relative OR RELATIVES or suitable person OR
PERSONS has OR HAVE filed a petition for custody or guardianship of  the
child  pursuant to article six of this act or, IN THE CASE OF A RELATIVE
OR RELATIVES OR SUITABLE PERSON OR PERSONS, a petition for  guardianship
of  the child under article seventeen of the surrogate's court procedure
act; and
  (ii) the court [finds] HAS DETERMINED that granting custody or guardi-
anship of the child to [the relative or suitable] SUCH person OR PERSONS
is in the best interests of the child and that the safety of  the  child
will not be jeopardized if the respondent or respondents under the child
protective  proceeding  are  no  longer  under  supervision or receiving
services. In determining whether the best interests of the child will be
promoted by the granting of guardianship of the child to a relative  who
has  cared  for  the  child as a foster parent, the court shall give due
consideration to the permanency goal  of  the  child,  the  relationship
between  the  child  and  the relative, and whether the relative and the
social services district have  entered  into  an  agreement  to  provide
kinship  guardianship  assistance payments for the child to the relative
under title ten of article six of the social services law, and,  if  so,
whether  the  fact-finding  hearing  pursuant  to  section  one thousand
fifty-one of this part and a permanency hearing pursuant to section  one
thousand  eighty-nine  of  this  chapter [has] HAVE occurred and whether
compelling reasons exist for determining that the  return  home  of  the
child and the adoption of the child are not in the best interests of the
child and are, therefore, not appropriate permanency options; and
  (iii)  the court [finds] HAS DETERMINED that granting custody or guar-
dianship of the child to the PARENT, relative or suitable  person  under
article  six  of  this  act or granting guardianship of the child to the
relative or [other] suitable  person  under  article  seventeen  of  the
surrogate's  court  procedure act will provide the child with a safe and
permanent home; and
  (iv) all parties to the child protective  proceeding  consent  to  the
granting of custody or guardianship under article six of this act or the
granting  of  guardianship  under  article  seventeen of the surrogate's
court procedure ACT; or [(v)], IF ANY  OF  THE  PARTIES  OBJECT  TO  THE
GRANTING  OF  CUSTODY  OR GUARDIANSHIP, THE COURT HAS MADE THE FOLLOWING
FINDINGS after a [consolidated] JOINT dispositional hearing on the child
protective petition and the petition under article six of  this  act  or
under article seventeen of the surrogate's court procedure act[;]:
  (A)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND  A  parent  or  parents
[fail  to  consent]  OBJECT  to the granting of [custody or guardianship
under article six of this act or] the [granting  of  guardianship  under
article  seventeen of the surrogate's court procedure act] PETITION, the
court [finds] HAS DETERMINED that THE RELATIVE OR RELATIVES OR  SUITABLE
PERSON  OR  PERSONS  HAVE  DEMONSTRATED THAT extraordinary circumstances
exist that support granting an order of custody or guardianship  TO  THE

S. 5203                             7

RELATIVE  OR RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT THE GRANT-
ING OF THE ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or
  (B)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than  the
parent or parents [fail] OBJECTS to [consent to] the granting of [custo-
dy  or  guardianship  under  article  six  of  this act or] the PETITION
[granting of guardianship under article  seventeen  of  the  surrogate's
court  procedure  act],  the  court [finds] HAS DETERMINED that granting
custody or guardianship of the child to the  relative  OR  RELATIVES  or
suitable person OR PERSONS is in the best interests of the child; OR
  (C)  IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF
THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE  CHILD  OBJECTS  TO  THE
GRANTING  OF  THE  PETITION,  THE  COURT  HAS DETERMINED EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING CUSTODY TO THE PETITIONING PARENT WOULD NONETHELESS BE  IN  THE
CHILD'S BEST INTERESTS; OR
  (D)  IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF
THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF  THE  PETITION,
THE COURT HAS DETERMINED THAT GRANTING CUSTODY TO THE PETITIONING PARENT
IS IN THE CHILD'S BEST INTERESTS.
  S 9. Section 1057 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
  S  1057.  [Supervision]  RELEASE  OF  THE  CHILD  TO THE RESPONDENT OR
RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS.
  (A) The court may RELEASE THE CHILD TO THE RESPONDENT  OR  RESPONDENTS
FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI-
VISION (D) OF THIS SECTION.
  (B)  IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS SECTION
OR AN ORDER UNDER PARAGRAPH (II), (III) OR (IV) OF  SUBDIVISION  (A)  OF
SECTION  ONE  THOUSAND  FIFTY-TWO  OF THIS PART, THE COURT MAY place the
respondent OR RESPONDENTS under supervision of a child protective agency
or of a social services official or duly authorized agency. An order  of
supervision  entered  under  this  section shall set forth the terms and
conditions of such supervision that the respondent OR  RESPONDENTS  must
meet  and  the actions that the child protective agency, social services
official or duly authorized agency must take  to  exercise  such  super-
vision.
  (C)  Except  as  provided  for herein, in any order issued pursuant to
SUBDIVISION (A) OR (B) OF this section, the court may require the  child
protective  agency  to  make progress reports to the court, the parties,
and the child's attorney on the implementation of such  order.    [Where
the  order  of disposition is issued upon the consent of the parties and
the child's attorney] UNLESS OTHERWISE ORDERED BY THE COURT, such agency
shall report to the court, the parties and the child's attorney no later
than ninety days after the issuance of the order[, unless] AND NO  LATER
THAN  SIXTY  DAYS  PRIOR TO THE EXPIRATION OF the [court determines that
the facts and circumstances of the case do not require such report to be
made] ORDER. Rules of court shall define permissible  terms  and  condi-
tions  of  supervision  OF  THE  RESPONDENT  OR  RESPONDENTS  under this
section.
  (D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND-
ENT OR RESPONDENTS OR supervision OF THE RESPONDENT  OR  RESPONDENTS  OR
BOTH  shall be for an initial period of no more than one year [and the].
THE court may at the expiration of that period, upon a hearing  and  for

S. 5203                             8

good  cause  shown, make successive extensions of such RELEASE OR super-
vision OR BOTH of up to one year each.
  S  10.  The  section  heading  and subdivisions (a) and (c) of section
1089-a of the family court act, as amended by section 8  of  part  F  of
chapter 58 of the laws of 2010, are amended to read as follows:
  Custody  or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela-
tives or A suitable PERSON OR persons pursuant to article  six  of  this
act  or  guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR
PERSONS pursuant to article seventeen of the surrogate's court procedure
act. (a) Where the permanency plan is placement with a fit  and  willing
relative,  the  court  may  issue an order of custody or guardianship in
response to a petition filed by a relative or  suitable  person  seeking
custody or guardianship of the child under article six of this act or an
order of guardianship of the child under article seventeen of the surro-
gate's  court  procedure  act [at]. WHERE THE PERMANENCY PLAN IS CUSTODY
UNDER ARTICLE SIX OF THIS ACT WITH A PARENT OR PARENTS WHO HAD NOT  BEEN
RESPONDENTS  IN  THE PROCEEDING IN WHICH THE CHILD HAD BEEN PLACED UNDER
ARTICLE TEN OR TEN-C OF THIS ACT OR SECTION THREE HUNDRED  FIFTY-EIGHT-A
OF  THE  SOCIAL  SERVICES  LAW,  THE COURT MAY ISSUE AN ORDER OF CUSTODY
UNDER ARTICLE SIX OF THIS ACT IN RESPONSE TO A PETITION  FILED  BY  SUCH
PARENT  OR  PARENTS.  A  PETITION FOR CUSTODY OR GUARDIANSHIP UNDER THIS
SUBDIVISION MAY BE HEARD JOINTLY WITH a permanency hearing held pursuant
to this article [and terminate]. AN ORDER  OF  CUSTODY  OR  GUARDIANSHIP
ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL RESULT IN TERMINATION OF
all  pending  orders issued pursuant to article ten OR TEN-C of this act
if THE FOLLOWING CONDITIONS HAVE BEEN MET:
  (i) the court [finds] HAS DETERMINED  that  granting  custody  TO  THE
PARENT  OR  PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS
or guardianship of the child to the relative OR  RELATIVES  or  suitable
person  OR  PERSONS  is  in the best interests of the child and that the
termination of the order placing the child pursuant to  article  ten  OR
TEN-C of this act will not jeopardize the safety of the child. In deter-
mining  whether  the best interests of the child will be promoted by the
granting of guardianship of the child to a relative who  has  cared  for
the  child as a foster parent, the court shall give due consideration to
the permanency goal of the child, the relationship between the child and
the relative, and whether the  relative  and  the  local  department  of
social  services have entered into an agreement to provide kinship guar-
dianship assistance payments for the child to the relative  under  title
ten  of  article  six  of the social services law, and, if so, whether a
fact-finding hearing pursuant to section one thousand fifty-one of  this
chapter has occurred, and whether compelling reasons exist for determin-
ing  that the return home of the child and the adoption of the child are
not in the best interests of the child and are, therefore, not appropri-
ate permanency options; and
  (ii) the court [finds] HAS DETERMINED that  granting  custody  TO  THE
PARENT  OR  PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS
or guardianship of the child to the relative or  RELATIVES  OR  suitable
person OR PERSONS will provide the child with a safe and permanent home;
and
  (iii) the parents, the attorney for the child, the local department of
social  services,  and  the  foster parent of the child who has been the
foster parent for the child for one year or more consent to the issuance
of an order of custody or guardianship under article six of this act  or
the  granting of guardianship under article seventeen of the surrogate's
court procedure act and the termination of the order of placement pursu-

S. 5203                             9

ant to article ten of this act; or [(iv)], IF ANY OF THE PARTIES  OBJECT
TO  THE  GRANTING  OF  CUSTODY  OR  GUARDIANSHIP, THE COURT HAS MADE THE
FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the permanen-
cy  of the child and the petition under article six of this act or arti-
cle seventeen of the surrogate's court procedure act[;]:
  (A) if a RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR  PERSONS  HAVE
FILED  A  PETITION  FOR  CUSTODY OR GUARDIANSHIP AND A parent or parents
[fail to consent] OBJECTS to the granting of  [custody  or  guardianship
under  article  six  of this act or] the [granting of guardianship under
article seventeen of the surrogate's court procedure act] PETITION,  the
court  [finds] HAS DETERMINED that THE RELATIVE OR RELATIVES OR SUITABLE
PERSON OR PERSONS HAVE  DEMONSTRATED  THAT  extraordinary  circumstances
exist  that  support  granting an order of custody or guardianship under
article six of this act or the granting of  guardianship  under  article
seventeen  of  the  surrogate's  court  procedure act TO THE RELATIVE OR
RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT  THE  GRANTING  OF  THE
ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or
  (B)  if [the local department of social services, the attorney for the
child, or the foster parent of the child who has been the foster  parent
for  the child for one year or more fail to consent] A RELATIVE OR RELA-
TIVES OR SUITABLE PERSON OR PERSONS HAVE FILED A PETITION FOR CUSTODY OR
GUARDIANSHIP AND A PARTY OTHER THAN THE PARENT OR PARENTS OBJECTS to the
granting of [custody or guardianship under article six of  this  act  or
the  granting of guardianship under article seventeen of the surrogate's
court procedure act] THE PETITION, the court [finds] HAS DETERMINED that
granting custody or guardianship of the child to the relative  OR  RELA-
TIVES  or  suitable  person  OR  PERSONS is in the best interests of the
child; OR
  (C) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX  OF
THIS  ACT  AND  A  PARTY WHO IS NOT A PARENT OF THE CHILD OBJECTS TO THE
GRANTING OF THE PETITION, THE  COURT  HAS  DETERMINED  EITHER  THAT  THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING  CUSTODY  TO THE PETITIONING PARENT WOULD NONETHELESS BE IN THE
CHILD'S BEST INTERESTS; OR
  (D) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX  OF
THIS  ACT  AND THE OTHER PARENT OBJECTS TO THE GRANTING OF THE PETITION,
THE COURT HAS DETERMINED THAT GRANTING CUSTODY TO THE PETITIONING PARENT
IS IN THE CHILD'S BEST INTERESTS; OR
  (E) IF THE LOCAL DEPARTMENT OF SOCIAL SERVICES, THE ATTORNEY  FOR  THE
CHILD,  OR THE FOSTER PARENT OF THE CHILD WHO HAS BEEN THE FOSTER PARENT
FOR THE CHILD FOR ONE YEAR OR MORE OBJECTS TO THE GRANTING OF CUSTODY OR
GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR THE GRANTING OF  GUARDIAN-
SHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT, THE
COURT  HAS DETERMINED THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
TO THE PARENT, RELATIVE OR SUITABLE PERSON IS IN THE BEST  INTERESTS  OF
THE CHILD.
  (c)  As  part  of  the  order granting custody or guardianship [to the
relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to
article six of this act or the granting of  guardianship  under  article
seventeen  of the surrogate's court procedure act, the court may require
that the local department of social services and the  attorney  for  the
child receive notice of, and be made parties to, any subsequent proceed-
ing  to  modify the order of custody or guardianship granted pursuant to
the article six proceeding; provided, however, if the guardian  and  the
local  department  of  social services have entered into an agreement to

S. 5203                            10

provide kinship guardianship assistance payments for the  child  to  the
relative  under title ten of article six of the social services law, the
order must require that the local department of social services and  the
attorney  for  the  child receive notice of, and be made parties to, any
such subsequent proceeding involving  custody  or  guardianship  of  the
child.
  S  11.  Paragraph  2  of subdivision (d) of section 1095 of the family
court act, as amended by chapter 3 of the laws of 2012,  is  amended  to
read as follows:
  (2)  granting  an order of custody [or guardianship] to PARENTS, rela-
tives or suitable persons  OR  GUARDIANSHIP  TO  RELATIVES  OR  SUITABLE
PERSONS  pursuant to a petition under article six of this act or guardi-
anship of the child to a  relative  or  suitable  person  under  article
seventeen  of the surrogate's court procedure act and in accordance with
section one thousand ninety-six of this article.
  S 12. The section heading and subdivision (a) of section 1096  of  the
family court act, as added by chapter 3 of the laws of 2012, are amended
to read as follows:
  Custody  or  guardianship  with PARENTS, relatives or suitable persons
pursuant to article six of this act or article seventeen of  the  surro-
gate's  court  procedure  act.  (a)  At the conclusion of a hearing held
pursuant to section one thousand ninety-five of this article, the  court
may  enter an order of disposition granting custody [or guardianship] of
the child to a PARENT, relative or suitable person under article six  of
this  act  or guardianship of the child to a relative or suitable person
under article SIX OF THIS ACT OR ARTICLE seventeen  of  the  surrogate's
court procedure act if THE FOLLOWING CONDITIONS HAVE BEEN MET:
  (1)  the  PARENT, relative or suitable person has filed a petition for
custody [or guardianship] of the child pursuant to article six  of  this
act  or guardianship of the child pursuant to article SIX OF THIS ACT OR
ARTICLE seventeen of the surrogate's court procedure act; and
  (2) the court finds that granting custody  [or  guardianship]  of  the
child  to the PARENT, relative or suitable person OR GUARDIANSHIP OF THE
CHILD TO THE RELATIVE OR SUITABLE PERSON is in the best interests of the
child; and
  (3) the court finds that granting custody  [or  guardianship]  of  the
child  to  the  PARENT, relative or suitable person under article six of
this act or guardianship of the child to a relative or  suitable  person
under  article  SIX  OF THIS ACT OR ARTICLE seventeen of the surrogate's
court procedure act will provide the child with  a  safe  and  permanent
home; and
  (4)  all  parties  to  the  destitute  child proceeding consent to the
granting of custody or guardianship under article six  of  this  act  or
article seventeen of the surrogate's court procedure act; or [(5)] after
a  consolidated  fact finding and dispositional hearing on the destitute
child petition [and] HEARD JOINTLY WITH the petition under  article  six
of this act or article seventeen of the surrogate's court procedure act:
  (i)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND  A  parent  or  parents
[fail  to  consent]  OBJECTS  to the granting of custody or guardianship
under article six of this act or guardianship under article seventeen of
the surrogate's court procedure act, the court  [finds]  HAS  DETERMINED
that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE DEMON-
STRATED  THAT extraordinary circumstances exist that support granting an
order of custody or guardianship under article six of this act or  guar-
dianship  under article seventeen of the surrogate's court procedure act

S. 5203                            11

TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT  THE
GRANTING OF THE ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or
  (ii)  if  [the]  A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS
HAVE FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A PARTY OTHER THAN
A parent or parents [consent and a party other than a  parent  fails  to
consent] OBJECTS to the granting of [custody or guardianship under arti-
cle  six  of  this  act  or  guardianship under article seventeen of the
surrogate's court procedure act] THE PETITION,  the  court  [finds]  HAS
DETERMINED  that  granting  custody  or guardianship of the child to the
relative or suitable person is in the best interests of the child; OR
  (III) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER  ARTICLE  SIX
OF  THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD OBJECTS TO THE
GRANTING OF THE PETITION, THE  COURT  HAS  DETERMINED  EITHER  THAT  THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING  CUSTODY  TO THE PETITIONING PARENT WOULD NONETHELESS BE IN THE
CHILD'S BEST INTERESTS; OR
  (IV) IF A PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF
THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF  THE  PETITION,
THE COURT HAS DETERMINED THAT GRANTING CUSTODY TO THE PETITIONING PARENT
IS IN THE CHILD'S BEST INTERESTS.
  S  13.  This act shall take effect on the ninetieth day after it shall
have become a law.

S5203A (ACTIVE) - Bill Details

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

S5203A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5203A

TITLE OF BILL: 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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Recent years have witnessed a sea-change in attitudes and policies
concerning the role of non-respondent parents in child abuse and
neglect proceedings under Article 10 of the Family Court Act: viz.,
recognition that the other parents - those not charged in child
protective proceedings - may, along with their extended families,
provide vital resources for their children. While child protective
officials once ignored or discouraged non-respondent parents from
participating in child protective proceedings concerning their
children, those officials, inspired by substantial statutory changes
during the past decade, now reach out to such parents to engage them
in planning for their children's care. While in the past, this
category was often an absent parent who had little relationship with
the children, more recently, in light of cases, such as Nicholson v.
Scoppetta, 3 N.Y.3d 357 (2004), non-respondent parents frequently
include custodial and other parents, who are involved in
their-children's lives but are not deemed culpable in their neglect or
abuse.

As a statute initially drafted before these changes in attitude and
policy, Article 10 of the Family Court Act, not surprisingly, contains
a number of gaps and anomalies with respect to the treatment of
non-respondent parents. This measure seeks to rectify some of the more
obvious shortcomings in Article 10 with respect to non-respondent
parents and to enable their greater participation in abuse or neglect
proceedings, as well as permanency hearings, concerning their
children. It also expands the options available to Family Court judges
to enable them to craft appropriate orders that respect the rights of
non-respondent parents while assuring the safety and well being of the
children who are the subjects of the proceedings.

First, this measure would add definitions of "parent," "relative" and
"suitable person" to Family Court Act § 1012. The definition of
"parent," those legally recognized in New York, clarifies the range of
persons who may assert a parent's superior rights to care and custody
of a child under State and Federal law. See, e.g., Bennett v.
Jeffreys, 40 N.Y.2d 543 (1976)(state may not deprive parent of custody
of child absent extraordinary circumstances); Prince v.
Massachusetts, 321 U.S. 158 (1944)("It is cardinal with us that the
custody, care and nurture of the child reside first in the parents

Second, Family Court Act § 1017 would be amended to clarify that
certain additional individuals should be identified, located and
notified in writing of the pendency of child protective proceedings,
although they do not have the rights of legal parents under State law.
Analogous to the definition of "notice" fathers in Domestic Relations
Law §§ 111- a(2)(1), (g) and (h), this category would include persons
who are listed on the putative father registry, have a pending


paternity petition, or have been identified by the child's parent in a
written sworn statement. To ensure uniformity in the information
provided to those persons entitled to notice, this measure provides
that the content of the notice will be set by a uniform statewide
court rule:

Inclusion of these clarifications would establish a structure in
Article 10 consistent with the framework applicable to adoption
proceedings under the Domestic Relations Law, but expanded to be
gender-neutral. A "parent" under this measure would be analogous to a
"consent" father, whose consent is required for an adoption, and an
additional individual identified would be analogous to a "notice"
father, who merely has a right to be heard as to the child's best
interests. See Domestic Relations Law §§ 111, 111-a. By doing so, it
also would expand the scope of potential resources for children who
have been removed from their homes, and provide an opportunity for
non-respondent, non-adjudicated birth fathers to take necessary steps
to establish their paternity and plan for their children.
Significantly, the measure requires the local social services
department investigating possible resources for the child to report
the results of the investigations to the court and all parties,
including the attorney for the child.

The measure further defines "relative" as a person who is related to
the child by blood, marriage or adoption, but who is not a parent of
the child. This distinction between "parents" and "relatives" is
significant as the rights of each to the care and custody of children
are not identical under Article 10 of the Family Court Act. Likewise,
the measure includes "suitable person" in the definition section,
since such an individual has rights distinct from those of parents,
relatives and possible, but not adjudicated, parents.

The measure clarifies the language of Family Court Act § 1017 by
referring specifically to "non-respondent parent, relative or suitable
person" as potential resources a court may consider after determining
that a child must be removed from his or her home. These resources
may be utilized either through temporary, direct releases under
section 1017(2)(a)(ii) or through temporary orders of Family Court Act
Article 6 custody or (in the case of relatives or suitable persons)
guardianship under section 1017(2)(a)(I). In all such cases, as in
custody petitions under article six, the court must review the orders
of protection and sex offender registries, as well as child protective
petitions and Family Court warrants regarding any such resources.
Similar alternatives are provided for direct releases and Family Court
Act Article 6 custody at the final dispositional stage of the Article
10 proceeding.

Moreover, section 1017(3) would be amended to require that, where a
child is temporarily released to a non-respondent parent or
temporarily placed in the care of a relative or suitable person, the
caretaker must submit to the court's jurisdiction with respect to
cooperation in meeting the needs of the child. Such temporary order
may require such person, inter alia, to make the child available for
court-ordered visitation with parents, siblings or others, as well as
for appointments with the child's attorney, child protective agency,
social services official, authorized agency, clinician or other
individuals or programs providing services to the child. Striking a


proper balance between intervention to ensure the child's well-being
and respect for the non-respondent parent's or other caretaker's
interests in minimal interference in their everyday child-rearing
decisions, the measure requires the court order of release or care
under Article 10 to specify the terms of such cooperation, as well as
to any actions that the social services agency must take.*

Third, this measure contains several amendments to sections of Article
10 of the Family Court Act relating to preliminary orders. It would
amend section 1022-a to clarify that a non-respondent parent who
qualifies far assignment of counsel under section 262 is eligible for
such assignment, unless waived, at pre-petition hearings held pursuant
to section 1022. Section 1027(d) would be amended to provide that a
court may release a child to his or her parent or other person legally
responsible for his or her care pending a final order of disposition.
It further deletes the reference to section 1054 as the source of the
court's authority to do this, since that section only addresses
dispositional orders, and instead substitutes a reference to section
1017, which pertains as well to pre-dispositional orders.
Additionally, with the aim of facilitating the participation of
non-respondent parents in proceedings regarding their children,
section 1035 would be modified to require that notices of pendency of
child protective proceedings that are sent to non-respondent parents
also must advise them that they have a right to counsel, including
assigned counsel, if they are indigent, unless waived. See Matter of
Sasha S., 256 A.D.2d 468 (2nd Dept., 1998) (required notice to
non-respondent father of the right to counsel, including the right to
appointment of counsel if he is indigent).

Fourth, the measure reorganizes the dispositional options available
with respect to releases of children and supervision of respondent
parents. Sections 1052(a)(ii) and 1054 are revised to cover solely the
release of children to persons who are not respondents in the child
protective proceeding, including parents, legal custodians or
guardians. Such orders of release, in contrast to orders of custody
under Article 6 of the Family Court Act, are time-limited, that is, up
to one year, which may be extended for one additional year for good
cause. This time-limited period of release to a non-respondent parent
is intended to give the respondent parent an opportunity to complete a
program or take steps to meet the conditions necessary for
reunification with the child. Unless otherwise ordered by the court,
the agency would be required to submit a report no later than 90 days
after issuance of the order and 60 days prior to its expiration. The
caretaker would be required to submit to the jurisdiction of the court
to the same limited extent as in orders of temporary release under
proposed section 1017. An order releasing a child may, therefore,
require the caretaker to cooperate in making the child available,
inter alia, for court-ordered visitation with parents, siblings or
others and for appointments with his or her attorney, caseworker,
clinician and service programs.

In conjunction with release of a child to a non-respondent parent, the
Family Court may, as under current law, order supervision of the
respondent under a revised and expanded Family Court Act § 1057. Like
the release of the child, the supervision of the respondent parent may
be for an initial period of one year but may be extended upon good
cause for one additional year. Since Family Court Act § 1015-a applies


to any phase of a child protective proceeding, the court also may
order services to be provided to the respondent. This measure would
thus address the situation where the child's interests would best be
served by residing with a non-respondent parent for a time-limited
period while the respondent parent receives services that would
promote the child's eventual return to that parent. If during the
period of the dispositional order, the respondent parent successfully
completes the services or programs ordered, the court may, if
appropriate, utilize Family Court Act § 1061 to modify the order
releasing the child to the non-respondent parent to provide for an
earlier release date.

Sections 1052(a)(v) and 1057 of the Family Court Act would be amended
to cover two dispositional options, which may be ordered singly or
together. A child may be released to a respondent for a time-limited
period of up to one year, which may be extended for good cause for one
more year. A report would be required no later than 90 days after
issuance of the order and 60 days prior to its expiration, unless
dispensed with by the Family Court. Additionally, in conjunction
either with such a release or, as noted, with release of the child to
a non-respondent parent, placement of the child or issuance of an
order of protection, the respondent may be placed under the
supervision of the child protective agency, social services official
or authorized agency. Such supervision also would be time-limited - up
to one year, with an extension for one additional year for good cause
- and, unless dispensed with, a report would be required no later than
90 days after issuance of the order and 60 days prior to its
expiration.

Finally, the measure amends section 1055-b to clarify the procedures
applicable when petitions for custody or guardianship are brought in
conjunction with or are pending at the same time as a child protective
proceeding. It would resolve a serious inconsistency between sections
1055-b and 1017. Section 1017(2)(a)(i) currently provides that when a
court determines that a child may reside with a suitable
non-respondent parent, it may "grant an order of custody or
guardianship to such non-respondent parent . pursuant to section one
thousand fifty-five-b." However, as currently drafted, section 1055-b
only pertains to custody or guardianship with relatives or suitable
persons pursuant to Article 6 of (the Family Court Act)" and does not
mention non-respondent parents; nor does it specify the standard by
which to determine respondent or non-respondents parents' requests for
custody in this context.

The measure thus would insert respondent parents into the list of
persons who may be granted Article 6 custody pursuant to section
1055-b, adds two additional subdivisions regarding custody to
non-respondent parents pursuant to Article 6 and incorporates these
alternatives into the dispositional options delineated in Family Court
Act § 1052. It further makes clear that if a third party, i.e.,
someone other than the child's parents, contests the custody petition
of a respondent parent, the court must grant the order of custody to
the parents in the absence of a showing of extraordinary circumstances
pursuant to Bennett v. Jeffreys, supra. Similar amendments are made to
analogous provisions of the permanency hearing statute (Family Court
Act § 1089-a). Finally, Family Court Act § 651 and Domestic Relations
Law § 240 are amended to underscore that custody standards apply in


cases where custody and visitation petitions brought under these
sections are heard jointly with child protective dispositional or
permanency hearings in Family Court.

Questions regarding the rights of, and procedures applicable to,
non-respondent parents in child protective and related proceedings
have persisted in light of lingering ambiguities in the applicable
statutes. Enactment of this measure will provide a clear road-map that
will afford needed clarity to this increasingly important aspect of
child welfare cases.

This measure, which would have no fiscal impact upon the State, would
take effect 180 days after becoming a law.

2013 Legislative History:

OCA 2013-11
Senate 5203 (Senator Felder) (ref to Children & Families)

*This is consistent with the holding in Doe v. Mattingly, 2006 WL
3498564 (E.D.N.Y., 2006)(Unpub.), which required a court order, absent
an emergency, as a prerequisite to a caseworker entering the home of a
non-respondent parent and conducting a body search of the baby in her
care.

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                    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

S. 5203--A                          2

  S  3.  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
parent of the child and any relatives of the child, including all of the
child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden-
tified by any respondent parent or any  non-respondent  parent  and  any
relative  identified  by  a child over the age of five as a relative who
plays or has played a significant positive role in  his  or  her  life[,
and].    THE  LOCAL  COMMISSIONER  SHALL  inform  them IN WRITING of the
pendency of the proceeding and of the opportunity for  [becoming  foster
parents  or  for seeking custody or care] NON-RESPONDENT PARENTS TO SEEK
TEMPORARY RELEASE of the child[, and that the child may  be  adopted  by
foster  parents  if  attempts at reunification with the birth parent are
not required or are unsuccessful] UNDER THIS ARTICLE  OR  CUSTODY  UNDER
ARTICLE  SIX  OF  THIS  ACT  OR  FOR  RELATIVES TO SEEK TO BECOME FOSTER
PARENTS OR TO PROVIDE FREE CARE UNDER THIS ARTICLE OR  TO  SEEK  CUSTODY
PURSUANT  TO  ARTICLE SIX OF THIS ACT; OR FOR SUITABLE PERSONS TO BECOME
FOSTER PARENTS OR PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK  GUAR-
DIANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT. UNIFORM STATEWIDE RULES OF
COURT  SHALL  SPECIFY  THE  CONTENTS  OF  THE NOTICE CONSISTENT WITH THE
PROVISIONS OF THIS SECTION. The local commissioner  of  social  services
shall  [record]  REPORT  the  results of such investigation, OR INVESTI-
GATIONS TO THE COURT AND PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD.
THE  LOCAL  COMMISSIONER  SHALL  ALSO RECORD THE RESULTS OF THE INVESTI-
GATION OR INVESTIGATIONS, including, but not limited to, the name,  last
known  address, social security number, employer's address and any other
identifying information to the extent known regarding any non-respondent
parent, in the uniform case record maintained pursuant to  section  four
hundred  nine-f  of  the  social  services  law. For the purpose of this
section, "non-respondent parent" shall  include  a  person  entitled  to
notice  of  the pendency of the proceeding and of the right to intervene
as an interested party pursuant to subdivision (d) of section one  thou-
sand thirty-five of this article, and a non-custodial parent entitled to
notice  and  the right to enforce visitation rights pursuant to subdivi-
sion (e) of section one thousand thirty-five of this article.
  (B) THE COURT SHALL ALSO  DIRECT  THE  LOCAL  COMMISSIONER  OF  SOCIAL
SERVICES  TO  CONDUCT  AN  INVESTIGATION TO LOCATE ANY PERSON WHO IS NOT
RECOGNIZED TO BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE  THE  RIGHTS
OF  A  LEGAL  PARENT UNDER THE LAWS OF THE STATE OF NEW YORK BUT WHO (I)
HAS FILED WITH A PUTATIVE FATHER REGISTRY  AN  INSTRUMENT  ACKNOWLEDGING
PATERNITY OF THE CHILD, PURSUANT TO SECTION 4-1.2 OF THE ESTATES, POWERS
AND  TRUSTS  LAW, OR (II) HAS A PENDING PATERNITY PETITION, OR (III) HAS
BEEN IDENTIFIED AS A PARENT OF THE CHILD BY THE CHILD'S OTHER PARENT  IN
A  WRITTEN  SWORN  STATEMENT.  THE LOCAL COMMISSIONER OF SOCIAL SERVICES
SHALL REPORT THE RESULTS OF SUCH INVESTIGATION TO THE COURT AND PARTIES,
INCLUDING THE ATTORNEY FOR THE CHILD.

S. 5203--A                          3

  (C) The court shall determine:
  [(a)]  (I)  whether  there  is  a [suitable] non-respondent parent [or
other person related to the child], RELATIVE  OR  SUITABLE  PERSON  with
whom such child may appropriately reside; and
  [(b)]  (II) in the case of a relative OR SUITABLE PERSON, whether such
[relative] INDIVIDUAL seeks approval as a foster parent pursuant to  the
social  services  law for the purposes of providing care for such child,
or wishes to provide free care [and custody] for the  child  during  the
pendency of any orders pursuant to this article.
  (a) where the court, AFTER A REVIEW OF THE REPORTS OF THE SEX OFFENDER
REGISTRY  ESTABLISHED  AND  MAINTAINED  PURSUANT  TO SECTION ONE HUNDRED
SIXTY-EIGHT-B OF THE CORRECTION LAW, REPORTS OF THE STATEWIDE  COMPUTER-
IZED  REGISTRY OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSU-
ANT TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE  EXECUTIVE  LAW,  RELATED
DECISIONS  IN  COURT  PROCEEDINGS  UNDER  THIS  ARTICLE AND ALL WARRANTS
ISSUED UNDER THIS ACT,  determines  that  the  child  may  APPROPRIATELY
reside  with  a  [suitable]  non-respondent  parent or other relative or
[other] suitable person, either:
  (i) grant [an] A TEMPORARY order of custody or  guardianship  to  such
non-respondent  parent,  [other]  relative  or  [other]  suitable person
pursuant to A PETITION FILED UNDER  ARTICLE  SIX  OF  THIS  ACT  PENDING
FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A
FINAL  ORDER  OF  CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT,
RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE  SIX  OF  THIS  ACT  AND
section one thousand fifty-five-b of this article; or
  (ii)  [place]  TEMPORARILY  RELEASE the child directly [in the custody
of] TO such non-respondent parent[,  other]  OR  TEMPORARILY  PLACE  THE
CHILD  WITH A relative or [other] suitable person pursuant to this arti-
cle during the pendency of the proceeding or until further order of  the
court,  whichever is earlier and conduct such other and further investi-
gations as the court deems necessary. THE COURT MAY DIRECT  THE  COMMIS-
SIONER  OF  SOCIAL  SERVICES,  PURSUANT  TO REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES, TO COMMENCE AN INVESTIGATION OF  THE  HOME
OF  SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE PERSON WITHIN TWEN-
TY-FOUR HOURS AND TO REPORT THE RESULTS TO THE COURT  AND  THE  PARTIES,
INCLUDING  THE  ATTORNEY  FOR THE CHILD. IF THE HOME OF A NON-RESPONDENT
PARENT, RELATIVE OR SUITABLE PERSON, IS FOUND UNQUALIFIED AS APPROPRIATE
FOR THE TEMPORARY RELEASE OR PLACEMENT OF THE CHILD UNDER THIS  ARTICLE,
THE  LOCAL  COMMISSIONER SHALL REPORT SUCH FACT AND THE REASONS THEREFOR
TO THE COURT AND THE PARTIES, INCLUDING  THE  ATTORNEY  FOR  THE  CHILD,
FORTHWITH; or
  (iii) remand or place the child, as applicable, with the local commis-
sioner of social services and direct such commissioner to have the child
reside  with such relative or [other] suitable person and further direct
such commissioner pursuant to regulations of the office of children  and
family  services, to commence an investigation of the home of such rela-
tive or other suitable person within twenty-four  hours  and  thereafter
approve  such  relative  or  other  suitable  person, if qualified, as a
foster parent. If such home is found to be unqualified for approval, the
local commissioner shall report such fact AND THE REASONS THEREAFTER  to
the  court AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, forth-
with.
  3. An order [placing]  TEMPORARILY  RELEASING  a  child  [with]  TO  A
NON-RESPONDENT  PARENT OR PARENTS, OR TEMPORARILY PLACING A CHILD WITH a
relative or RELATIVES OR other suitable person OR  PERSONS  pursuant  to
SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF this section OR

S. 5203--A                          4

REMANDING  OR  PLACING  A  CHILD  WITH  A  LOCAL  COMMISSIONER OF SOCIAL
SERVICES TO RESIDE WITH A RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR
PERSONS  AS  FOSTER  PARENTS PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
(A)  OF  SUBDIVISION  TWO  OF THIS SECTION may not be granted unless the
[relative or other suitable] person [consents] OR PERSONS  TO  WHOM  THE
CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the jurisdiction of the
court  WITH RESPECT TO THE CHILD.  The [court] ORDER SHALL SET FORTH THE
TERMS AND CONDITIONS APPLICABLE TO SUCH  PERSON  OR  PERSONS  AND  CHILD
PROTECTIVE  AGENCY,  SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY
WITH RESPECT TO THE CHILD AND may [place the person with whom the  child
has  been  directly  placed under supervision during the pendency of the
proceeding. Such supervision shall be provided by a]  INCLUDE,  BUT  MAY
NOT  BE  LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS TO COOPERATE
IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED VISITATION WITH RESPOND-
ENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS WITH THE  CHILD'S  ATTOR-
NEY,  child  protective  agency,  social  services  official  [or], duly
authorized agency, CLINICIAN OR OTHER INDIVIDUAL  OR  PROGRAM  PROVIDING
SERVICES  TO THE CHILD DURING THE PENDENCY OF THE PROCEEDING.  The court
also may issue a temporary order of protection under subdivision (f)  of
section  one  thousand  twenty-two, section one thousand twenty-three or
section one thousand twenty-nine of this article AND AN ORDER  DIRECTING
THAT  SERVICES BE PROVIDED PURSUANT TO SECTION ONE THOUSAND FIFTEEN-A OF
THIS PART. [An order of supervision issued pursuant to this  subdivision
shall  set  forth the terms and conditions that the relative or suitable
person must meet and the  actions  that  the  child  protective  agency,
social services official or duly authorized agency must take to exercise
such supervision.]
  S  4.  Section 1022-a of the family court act, as added by chapter 336
of the laws of 1990, is amended to read as follows:
  S 1022-a. Preliminary orders; notice and appointment of counsel. At  a
hearing  held  pursuant to section [ten hundred] ONE THOUSAND twenty-two
of this [act] PART at which the respondent is present, the  court  shall
advise  the  respondent  AND ANY NON-RESPONDENT PARENT WHO IS PRESENT of
the allegations in the application and shall appoint  counsel  for  [the
respondent  pursuant  to]  EACH  IN  ACCORDANCE WITH section two hundred
sixty-two of this act [where the respondent is indigent], UNLESS WAIVED.
  S 5. Subparagraph (C) of paragraph (i) of subdivision (b) and subdivi-
sion (d) of section 1027 of the family court act,  subparagraph  (C)  of
paragraph  (i)  of subdivision (b) as amended by chapter 671 of the laws
of 2005 and subdivision (d) as added by chapter 962 of the laws of 1970,
are amended to read as follows:
  (C) [in the custody of] WITH a relative or suitable person other  than
the respondent.
  (d)  Upon  such  hearing, the court may, for good cause shown, release
the child to [the custody of] his OR HER parent or other person  legally
responsible  for  his OR HER care, pending a final order of disposition,
in accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO  OF
section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE.
  S  6.  The opening paragraph of subdivision (d) of section 1035 of the
family court act, as amended by chapter 526 of  the  laws  of  2003,  is
amended to read as follows:
  Where the respondent is not the child's parent, service of the summons
and petition shall also be ordered on both of the child's parents; where
only  one  of  the  child's  parents  is  the respondent, service of the
summons and petition shall also be ordered on the child's other  parent.
The summons and petition shall be accompanied by a notice of pendency of

S. 5203--A                          5

the  child  protective  proceeding advising the parents or parent of the
right to appear and participate in the proceeding as an interested party
intervenor for the purpose of seeking temporary and permanent RELEASE OF
THE  CHILD  UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX
OF THIS ACT, and to participate thereby in all  arguments  and  hearings
insofar  as  they  affect  the temporary RELEASE OR custody of the child
during fact-finding proceedings, and  in  all  phases  of  dispositional
proceedings.  The  notice shall also ADVISE THE PARENT OR PARENTS OF THE
RIGHT TO COUNSEL, INCLUDING ASSIGNED COUNSEL, PURSUANT  TO  SECTION  TWO
HUNDRED SIXTY-TWO OF THIS ACT, AND ALSO indicate that:
  S  7.  Subdivision  (a)  of  section  1052 of the family court act, as
amended by chapter 519 of the laws  of  2008,  is  amended  to  read  as
follows:
  (a)  At  the conclusion of a dispositional hearing under this article,
the court shall enter an order of disposition directing one or  more  of
the following:
  (i)  suspending  judgment  in  accord with section one thousand fifty-
three of this part; or
  (ii) releasing the child to [the  custody  of  his]  A  NON-RESPONDENT
PARENT  OR parents or [other person legally responsible] LEGAL CUSTODIAN
OR CUSTODIANS OR GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE  NOT  RESPOND-
ENTS  IN  THE PROCEEDING, in accord with section one thousand fifty-four
of this part; or
  (iii) placing the child in accord with section one thousand fifty-five
of this part; or
  (iv) making an order of protection in accord with SECTION one thousand
fifty-six of this part; or
  (v) RELEASING THE CHILD TO THE RESPONDENT OR  RESPONDENTS  OR  placing
the respondent OR RESPONDENTS under supervision, OR BOTH, in accord with
section one thousand fifty-seven of this part; or
  (vi)  granting custody of the child to A RESPONDENT PARENT OR PARENTS,
A RELATIVE OR relatives or A suitable  PERSON  OR  persons  pursuant  to
ARTICLE  SIX  OF  THIS ACT AND section one thousand fifty-five-b of this
part; OR
  (VII) GRANTING CUSTODY OF THE CHILD  TO  A  NON-RESPONDENT  PARENT  OR
PARENTS PURSUANT TO ARTICLE SIX OF THIS ACT.
  However,  the  court shall not enter an order of disposition combining
placement of the child under paragraph (iii) of this subdivision with  a
disposition  under  paragraph  (i) or (ii) of this subdivision. An order
granting custody of the child pursuant to paragraph  (vi)  OR  (VII)  of
this  subdivision shall not be combined with any other disposition under
this subdivision.
  S 8. Section 1054 of the family court act, as amended by chapter  1039
of  the  laws  of  1973, subdivision (a) as amended by chapter 41 of the
laws of 2010 and subdivision (b) as amended by chapter 458 of  the  laws
of 1989, is amended to read as follows:
  S 1054. Release to [custody of] NON-RESPONDENT parent or [other person
responsible  for  care; supervision or order of protection] LEGAL CUSTO-
DIAN OR GUARDIAN.  (a) [If the] AN order of disposition  [releases]  MAY
RELEASE  the  child  FOR  A  DESIGNATED PERIOD OF UP TO ONE YEAR to [the
custody of his or her] A NON-RESPONDENT parent or [other] PARENTS  OR  A
person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN
THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the
petition,  [the] AND WHO IS NOT OR ARE NOT RESPONDENTS IN THE PROCEEDING
UNDER THIS ARTICLE. AN ORDER UNDER THIS SECTION MAY BE EXTENDED  UPON  A
HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.

S. 5203--A                          6

  (B)  THE  court  may  [place]  REQUIRE the person OR PERSONS to [whose
custody] WHOM the child  is  released  under  [supervision  of  a]  THIS
SECTION  TO  SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT TO THE
CHILD FOR THE PERIOD OF THE DISPOSITION OR  AN  EXTENSION  THEREOF.  THE
ORDER MAY INCLUDE, BUT IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR
PERSONS  TO  COOPERATE  IN  MAKING THE CHILD AVAILABLE FOR COURT-ORDERED
VISITATION WITH RESPONDENTS, SIBLINGS AND OTHERS  AND  FOR  APPOINTMENTS
WITH  THE  CHILD'S  ATTORNEY,  child protective agency [or of a], social
services official or duly authorized agency, CLINICIAN OR OTHER INDIVID-
UAL OR PROGRAM PROVIDING SERVICES TO THE  CHILD.  THE  ORDER  SHALL  SET
FORTH  THE  TERMS  AND  CONDITIONS APPLICABLE TO SUCH NON-RESPONDENT AND
CHILD PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL  AND  DULY  AUTHORIZED
AGENCY WITH RESPECT TO THE CHILD.
  (C)  IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A NON-RESPON-
DENT PARENT, LEGAL CUSTODIAN OR GUARDIAN  UNDER  THIS  SUBDIVISION,  THE
COURT  MAY  ALSO  ISSUE  ANY OR ALL OF THE FOLLOWING ORDERS: AN ORDER OF
SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV-
EN, AN ORDER DIRECTING THAT  SERVICES  BE  PROVIDED  TO  THE  RESPONDENT
PARENT  UNDER  SECTION ONE THOUSAND FIFTEEN-A or [may enter] an order of
protection under section one thousand fifty-six[, or both] OF THIS ARTI-
CLE. An order of  supervision  OF  THE  RESPONDENT  entered  under  this
[section  shall  set  forth the terms and conditions of such supervision
that the respondent must meet and the actions that the child  protective
agency,  social services official or duly authorized agency must take to
exercise such supervision] SUBDIVISION MAY BE EXTENDED  UPON  A  HEARING
FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
  (D)  Except  as  provided  for herein, in any order issued pursuant to
this section, the court may require the child protective agency to  make
progress  reports to the court, the parties, and the child's attorney on
the implementation of such order. Where  the  order  of  disposition  is
issued  upon  the  consent of the parties and the child's attorney, such
agency shall report to the court, the parties and the  child's  attorney
no  later  than ninety days after the issuance of the order AND NO LATER
THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF the ORDER, UNLESS  THE  court
determines  that  the facts and circumstances of the case do not require
such report to be made.
  [(b) Rules of court shall define permissible terms and  conditions  of
supervision  under  this  section.  The duration of any period of super-
vision shall be for an initial period of no more than one year  and  the
court  may at the expiration of that period, upon a hearing and for good
cause shown, make successive extensions of such supervision of up to one
year each.]
  S 9. The section heading and  subdivisions  (a)  and  (b)  of  section
1055-b  of  the  family  court act, as amended by section 7 of part F of
chapter 58 of the laws of 2010, are amended  and  two  new  subdivisions
(a-1) and (a-2) are added to read as follows:
  Custody  or  guardianship with A PARENT OR PARENTS, relatives or suit-
able persons pursuant to article six of this act  or  guardianship  with
[such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven-
teen  of  the surrogate's court procedure act.  (a) CUSTODY OR GUARDIAN-
SHIP WITH RESPONDENT PARENT OR PARENTS, RELATIVES OR  SUITABLE  PERSONS.
At  the  conclusion of the dispositional hearing under this article, the
court may enter an order of disposition granting custody or guardianship
of the child to a RESPONDENT PARENT OR PARENTS, AS DEFINED  IN  SUBDIVI-
SION  (1)  OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, OR A relative
OR RELATIVES or other suitable person OR  PERSONS  [under]  PURSUANT  TO

S. 5203--A                          7

article  six  of  this  act  or an order of guardianship of the child to
[such] a RELATIVE OR RELATIVES OR SUITABLE person OR PERSONS under arti-
cle seventeen of the surrogate's court procedure act  if  THE  FOLLOWING
CONDITIONS HAVE BEEN MET:
  (i)  the  RESPONDENT PARENT OR PARENTS, relative OR RELATIVES or suit-
able person OR PERSONS has OR HAVE filed a petition for custody or guar-
dianship of the child pursuant to article six of this  act  or,  IN  THE
CASE  OF  A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS, a peti-
tion for guardianship of the child under article seventeen of the surro-
gate's court procedure act; and
  (ii) the court finds that granting  custody  or  guardianship  of  the
child  to  [the  relative  or suitable] SUCH person OR PERSONS is in the
best interests of the child and that the safety of the child will not be
jeopardized if the respondent or respondents under the child  protective
proceeding  are  no  longer  under supervision or receiving services. In
determining whether the best interests of the child will be promoted  by
the  granting  of  guardianship of the child to a relative who has cared
for the child as a foster parent, the court shall give due consideration
to the permanency goal of the child, the relationship between the  child
and  the  relative,  and  whether  the  relative and the social services
district have entered into an agreement to provide kinship  guardianship
assistance  payments  for  the  child to the relative under title ten of
article six of the social services law, and, if so,  whether  the  fact-
finding  hearing pursuant to section one thousand fifty-one of this part
and a permanency hearing pursuant to section one thousand eighty-nine of
this chapter [has] HAVE occurred and whether  compelling  reasons  exist
for  determining  that  the return home of the child and the adoption of
the child are not in the best interests of the child and are, therefore,
not appropriate permanency options; and
  (iii) the court finds that granting custody  or  guardianship  of  the
child  to the RESPONDENT PARENT, relative or suitable person under arti-
cle six of this act or granting guardianship of the child to  the  rela-
tive  or  [other]  suitable person under article seventeen of the surro-
gate's court procedure act will  provide  the  child  with  a  safe  and
permanent home; and
  (iv)  all  parties  to  the child protective proceeding consent to the
granting of custody or guardianship under article six of this act or the
granting of guardianship under  article  seventeen  of  the  surrogate's
court  procedure  ACT;  or  [(v)],  IF  ANY OF THE PARTIES OBJECT TO THE
GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS  MADE  THE  FOLLOWING
FINDINGS after a [consolidated] JOINT dispositional hearing on the child
protective  petition  and  the petition under article six of this act or
under article seventeen of the surrogate's court procedure act[;]:
  (A) if a RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR  PERSONS  HAVE
FILED  A  PETITION  FOR  CUSTODY OR GUARDIANSHIP AND A parent or parents
fail to consent to the granting of [custody or guardianship under  arti-
cle  six  of  this  act  or] the [granting of guardianship under article
seventeen of the surrogate's court procedure act]  PETITION,  the  court
finds  that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
DEMONSTRATED THAT extraordinary circumstances exist that support  grant-
ing  an order of custody or guardianship TO THE RELATIVE OR RELATIVES OR
SUITABLE PERSON OR PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE
THE CHILD'S BEST INTERESTS; or
  (B) if a RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR  PERSONS  HAVE
FILED  A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than the
parent or parents fail to consent to the granting of [custody or guardi-

S. 5203--A                          8

anship under article six of this act or] the PETITION [granting of guar-
dianship under article seventeen  of  the  surrogate's  court  procedure
act], the court finds that granting custody or guardianship of the child
to  the  relative  OR  RELATIVES or suitable person OR PERSONS is in the
best interests of the child; OR
  (C) IF A RESPONDENT PARENT HAS FILED  A  PETITION  FOR  CUSTODY  UNDER
ARTICLE  SIX  OF  THIS  ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD
OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD  NONETHELESS
BE IN THE CHILD'S BEST INTERESTS; OR
  (D)  IF  A  RESPONDENT  PARENT  HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING  OF
THE  PETITION,  THE COURT FINDS THAT GRANTING CUSTODY TO THE PETITIONING
RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS.
  (A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT  PARENT  UNDER
ARTICLE  SIX OF THIS ACT. WHERE A PROCEEDING FILED BY THE NON-RESPONDENT
PARENT PURSUANT TO ARTICLE SIX 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 THIS ARTICLE  MAY  JOINTLY
HEAR  THE  DISPOSITIONAL  HEARING ON THE CHILD PROTECTIVE PETITION UNDER
THIS ARTICLE AND THE HEARING ON  THE  CUSTODY  AND  VISITATION  PETITION
UNDER  ARTICLE  SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT MUST DETER-
MINE THE NON-RESPONDENT PARENT'S CUSTODY AND VISITATION  PETITION  FILED
UNDER ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTI-
CLE.
  (A-2)  CUSTODY  AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
SECTION TWO HUNDRED  FORTY  OF  THE  DOMESTIC  RELATIONS  LAW.  WHERE  A
PROCEEDING  BROUGHT  IN  THE  SUPREME COURT INVOLVING THE CUSTODY OF, OR
RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME
TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS  ARTI-
CLE,  THE  COURT  PRESIDING  OVER  THE PROCEEDING UNDER THIS ARTICLE MAY
JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE  PETITION
UNDER ARTICLE TEN OF THIS ACT AND, UPON REFERRAL FROM THE SUPREME COURT,
THE  HEARING  TO  RESOLVE  THE  MATTER  OF  CUSTODY OR VISITATION IN THE
PROCEEDING PENDING IN THE SUPREME COURT;  PROVIDED  HOWEVER,  THE  COURT
MUST  DETERMINE  THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD-
ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
  (b)  An  order  made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section WHERE APPLICABLE, including, if the guardian and the  local
department  of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to  the  relative
under  title ten of article six of the social services law, that a fact-
finding hearing pursuant to section one thousand fifty-one of this  part
and a permanency hearing pursuant to section one thousand eighty-nine of
this  chapter  has  occurred,  and the compelling reasons that exist for
determining that the return home of the child and the  adoption  of  the
child are not in the best interests of the child and are, therefore, not
appropriate  permanency  options for the child, and shall constitute the
final disposition of the child  protective  proceeding.  Notwithstanding
any other provision of law, the court shall not issue an order of super-
vision nor may the court require the local department of social services
to  provide  services  to  the  respondent  or respondents when granting

S. 5203--A                          9

custody or guardianship pursuant to article six of this act  under  this
section  or  granting guardianship under article seventeen of the surro-
gate's court procedure act.
  S  10.  Section 1057 of the family court act, as amended by chapter 41
of the laws of 2010, is amended to read as follows:
  S 1057. [Supervision] RELEASE  OF  THE  CHILD  TO  THE  RESPONDENT  OR
RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS.
  (A)  The  court may RELEASE THE CHILD TO THE RESPONDENT OR RESPONDENTS
FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI-
VISION (D) OF THIS SECTION.
  (B) IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS  SECTION
OR  AN  ORDER  UNDER PARAGRAPH (II), (III) OR (IV) OF SUBDIVISION (A) OF
SECTION ONE THOUSAND FIFTY-TWO OF THIS PART, THE  COURT  MAY  place  the
respondent OR RESPONDENTS under supervision of a child protective agency
or  of a social services official or duly authorized agency. An order of
supervision entered under this section shall set  forth  the  terms  and
conditions  of  such supervision that the respondent OR RESPONDENTS must
meet and the actions that the child protective agency,  social  services
official  or  duly  authorized  agency must take to exercise such super-
vision.
  (C) Except as provided for herein, in any  order  issued  pursuant  to
SUBDIVISION  (A) OR (B) OF this section, the court may require the child
protective agency to make progress reports to the  court,  the  parties,
and the child's attorney on the implementation of such order.  Where the
order  of  disposition is issued upon the consent of the parties and the
child's attorney, such agency shall report to the court, the parties and
the child's attorney no later than ninety days after the issuance of the
order[, unless] AND NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION  OF
the  ORDER, UNLESS THE court determines that the facts and circumstances
of the case do not require such report to  be  made.    [Rules]  UNIFORM
STATEWIDE  RULES  of court shall define permissible terms and conditions
of supervision OF THE RESPONDENT OR RESPONDENTS under this section.
  (D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND-
ENT OR RESPONDENTS OR supervision OF THE RESPONDENT  OR  RESPONDENTS  OR
BOTH  shall be for an initial period of no more than one year [and the].
THE court may at the expiration of that period, upon a hearing  and  for
good cause shown, [make successive extensions of] EXTEND such RELEASE OR
supervision OR BOTH FOR A PERIOD of up to one year [each].
  S 11. The section heading and subdivisions (a), (b) and (c) of section
1089-a  of  the  family  court act, as amended by section 8 of part F of
chapter 58 of the laws of 2010, are amended  and  two  new  subdivisions
(a-1) and (a-2) are added to read as follows:
  Custody  or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela-
tives or A suitable PERSON OR persons pursuant to article  six  of  this
act  or  guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR
PERSONS pursuant to article seventeen of the surrogate's court procedure
act. (a) Where the permanency plan is placement with a fit  and  willing
relative OR A RESPONDENT PARENT, the court may issue an order of custody
or  guardianship in response to a petition filed by a RESPONDENT PARENT,
relative or suitable person seeking custody or guardianship of the child
under article six of this act or an order of guardianship of  the  child
under  article  seventeen of the surrogate's court procedure act [at]. A
PETITION FOR CUSTODY OR GUARDIANSHIP MAY BE HEARD JOINTLY WITH a perman-
ency hearing held pursuant to this article [and terminate]. AN ORDER  OF
CUSTODY  OR GUARDIANSHIP ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL
RESULT IN TERMINATION OF all pending  orders  issued  pursuant  to  THIS

S. 5203--A                         10

article OR ARTICLE ten of this act if THE FOLLOWING CONDITIONS HAVE BEEN
MET:
  (i)  the court finds that granting custody TO THE RESPONDENT PARENT OR
PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or  guardi-
anship  of  the child to the relative OR RELATIVES or suitable person OR
PERSONS is in the best interests of the child and that  the  termination
of  the order placing the child pursuant to article ten of this act will
not jeopardize the safety of the child. In determining whether the  best
interests  of the child will be promoted by the granting of guardianship
of the child to a relative who has cared  for  the  child  as  a  foster
parent, the court shall give due consideration to the permanency goal of
the  child,  the  relationship  between  the child and the relative, and
whether the relative and the local department of  social  services  have
entered  into  an  agreement  to provide kinship guardianship assistance
payments for the child to the relative under title ten of article six of
the social services law, and, if  so,  whether  a  fact-finding  hearing
pursuant to section one thousand fifty-one of this chapter has occurred,
and  whether  compelling  reasons  exist for determining that the return
home of the child and the adoption of the child  are  not  in  the  best
interests  of  the  child and are, therefore, not appropriate permanency
options; and
  (ii) the court finds that granting custody TO THE RESPONDENT PARENT OR
PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or  guardi-
anship  of  the child to the relative or RELATIVES OR suitable person OR
PERSONS will provide the child with a safe and permanent home; and
  (iii) the parents, the attorney for the child, the local department of
social services, and the foster parent of the child  who  has  been  the
foster parent for the child for one year or more consent to the issuance
of  an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the  surrogate's
court procedure act and the termination of the order of placement pursu-
ant to THIS article OR ARTICLE ten of this act; or [(iv)], IF ANY OF THE
PARTIES OBJECT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS
MADE  THE FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the
permanency of the child and the petition under article six of  this  act
or article seventeen of the surrogate's court procedure act[;]:
  (A)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND  A  parent  or  parents
fail  to consent to the granting of [custody or guardianship under arti-
cle six of this act or] the  [granting  of  guardianship  under  article
seventeen  of  the  surrogate's court procedure act] PETITION, the court
finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS  HAVE
DEMONSTRATED  THAT extraordinary circumstances exist that support grant-
ing an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the  surrogate's
court  procedure  act TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR
PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE THE  CHILD'S  BEST
INTERESTS; or
  (B)  if  A  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND the local department of
social services, the attorney for the child, or the foster parent of the
child who has been the foster parent for the child for one year or  more
[fail  to  consent]  OBJECTS to the granting of [custody or guardianship
under article six of this act or  the  granting  of  guardianship  under
article  seventeen of the surrogate's court procedure act] THE PETITION,
the court finds that granting custody or guardianship of  the  child  to

S. 5203--A                         11

the  relative  OR RELATIVES or suitable person OR PERSONS is in the best
interests of the child; OR
  (C)  IF  A  RESPONDENT  PARENT  HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A  PARENT  OF  THE  CHILD
OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING  CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS
BE IN THE CHILD'S BEST INTERESTS; OR
  (D) IF A RESPONDENT PARENT HAS FILED  A  PETITION  FOR  CUSTODY  UNDER
ARTICLE  SIX  OF  THIS  ACT AND THE OTHER PARENT FAILS TO CONSENT TO THE
GRANTING OF THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY  TO  THE
PETITIONING RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS.
  (A-1)  CUSTODY  AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED  BY  A  NON-RESPONDENT
PARENT  PURSUANT  TO ARTICLE SIX 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 THIS ARTICLE MAY JOINTLY
HEAR THE PERMANENCY HEARING AND THE HEARING ON THE CUSTODY  AND  VISITA-
TION PETITION UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT
MUST  DETERMINE THE NON-RESPONDENT PARENT'S CUSTODY PETITION FILED UNDER
ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTICLE.
  (A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT  PARENT  UNDER
SECTION  TWO  HUNDRED  FORTY  OF  THE  DOMESTIC  RELATIONS  LAW. WHERE A
PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING  THE  CUSTODY  OF,  OR
RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME
TIME  AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI-
CLE, THE COURT PRESIDING OVER THE  PROCEEDING  UNDER  THIS  ARTICLE  MAY
JOINTLY  HEAR THE PERMANENCY HEARING AND, UPON REFERRAL FROM THE SUPREME
COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE
PROCEEDING PENDING IN THE SUPREME COURT;  PROVIDED  HOWEVER,  THE  COURT
MUST  DETERMINE  THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD-
ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
  (b)  An  order  made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section, WHERE APPLICABLE, including, if  the  guardian  and  local
department  of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to  the  relative
under  title ten of article six of the social services law, that a fact-
finding hearing pursuant to section one thousand fifty-one of this chap-
ter  AND  A  PERMANENCY  HEARING  PURSUANT  TO  SECTION   ONE   THOUSAND
EIGHTY-NINE  OF  THIS PART has occurred, and the compelling reasons that
exist for determining that the return home of the child are not  in  the
best  interests of the child and are, therefore, not appropriate perman-
ency options for the child, and shall result in the termination  of  any
orders in effect pursuant to article ten of this act or pursuant to this
article. Notwithstanding any other provision of law, the court shall not
issue  an  order  of  supervision  nor  may  the court require the local
department of social services to provide services to the  respondent  or
respondents  when  granting  custody or guardianship pursuant to article
six of this act UNDER THIS SECTION or the granting of guardianship under
article seventeen of the surrogate's court procedure act  in  accordance
with this section.
  (c)  As  part  of  the  order granting custody or guardianship [to the
relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to

S. 5203--A                         12

article six of this act or the granting of  guardianship  under  article
seventeen  of the surrogate's court procedure act, the court may require
that the local department of social services and the  attorney  for  the
child receive notice of, and be made parties to, any subsequent proceed-
ing  to  modify the order of custody or guardianship granted pursuant to
the article six proceeding; provided, however, if the guardian  and  the
local  department  of  social services have entered into an agreement to
provide kinship guardianship assistance payments for the  child  to  the
relative  under title ten of article six of the social services law, the
order must require that the local department of social services and  the
attorney  for  the  child receive notice of, and be made parties to, any
such subsequent proceeding involving  custody  or  guardianship  of  the
child.
  S  12.  Paragraph  (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
  (a) In any action or proceeding brought (1) to annul a marriage or  to
declare  the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
tion and order to show cause, the custody of or right to visitation with
any  child  of  a  marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders,  and  shall  enter  orders  for
custody  and  support  as,  in the court's discretion, justice requires,
having regard to the circumstances of the case  and  of  the  respective
parties  and  to  the  best  interests  of  the child and subject to the
provisions of subdivision one-c of this section. Where either  party  to
an  action  concerning  custody of or a right to visitation with a child
alleges in a sworn petition or complaint or  sworn  answer,  cross-peti-
tion,  counterclaim  or  other  sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as  such
family  or  household  member  is defined in article eight of the family
court act, and such allegations are proven by  a  preponderance  of  the
evidence,  the  court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section and state on the record how  such  findings,  facts  and
circumstances  factored  into  the  direction.  If a parent makes a good
faith allegation based on a reasonable belief supported  by  facts  that
the child is the victim of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response  to  that reasonable belief to protect the child or seek treat-
ment for the child, then that parent shall not be deprived  of  custody,
visitation  or contact with the child, or restricted in custody, visita-
tion or contact, based solely on that belief or the  reasonable  actions
taken  based  on that belief. If an allegation that a child is abused is
supported by a preponderance of  the  evidence,  then  the  court  shall
consider  such  evidence of abuse in determining the visitation arrange-
ment that is in the best interest of the child, and the court shall  not
place a child in the custody of a parent who presents a substantial risk
of  harm  to that child, and shall state on the record how such findings
were factored into the determination.  WHERE A PROCEEDING FILED PURSUANT
TO ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT IS PENDING AT  THE  SAME
TIME  AS A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY
OF, OR RIGHT TO VISITATION WITH, ANY CHILD  OF  A  MARRIAGE,  THE  COURT

S. 5203--A                         13

PRESIDING  OVER  THE PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THE FAMILY
COURT ACT MAY JOINTLY HEAR THE DISPOSITIONAL  HEARING  ON  THE  PETITION
UNDER  ARTICLE  TEN OR THE PERMANENCY HEARING UNDER ARTICLE TEN-A OF THE
FAMILY  COURT ACT AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING
TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING
IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE CUSTODY
OR VISITATION IN ACCORDANCE WITH THE TERMS OF THIS SECTION.
  An order directing the payment of  child  support  shall  contain  the
social  security  numbers of the named parties. In all cases there shall
be no prima facie right to the custody of the child  in  either  parent.
Such direction shall make provision for child support out of the proper-
ty  of  either or both parents. The court shall make its award for child
support pursuant to subdivision one-b of this  section.  Such  direction
may  provide  for  reasonable  visitation  rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as  it
applies  to  rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution  pursuant  to  article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable  pursuant  to  part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three  hundred  eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy,  of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment,  modifica-
tion  or  enforcement  of  a child support obligation for persons not in
receipt of public assistance and care must contain either a request  for
child  support enforcement services which would authorize the collection
of the support  obligation  by  the  immediate  issuance  of  an  income
execution  for  support  enforcement  as  provided  for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has  applied  for
or  is  in  receipt  of such services; or a statement that the applicant
knows of the availability of such services, has declined  them  at  this
time  and  where  support  enforcement  services pursuant to section one
hundred eleven-g of the social services law have been declined that  the
applicant  understands  that  an  income  deduction  order may be issued
pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
the civil practice law and rules without other child support enforcement
services  and that payment of an administrative fee may be required. The
court shall provide a  copy  of  any  such  request  for  child  support
enforcement  services  to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the  copy  of  any  such  request
shall  be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the  name  and
date  of birth of the child or children; and the name and address of the
employers and income payors of the party  from  whom  child  support  is
sought  or  from  the  party  ordered  to pay child support to the other
party. Such direction may require the payment of a sum or sums of  money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent  and  to  such  third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to  be  made  to
the  support  collection  unit,  as  established  in section one hundred

S. 5203--A                         14

eleven-h of the social services law. Every order directing  the  payment
of support shall require that if either parent currently, or at any time
in  the  future,  has  health  insurance  benefits available that may be
extended  or  obtained  to  cover  the child, such parent is required to
exercise the option of additional coverage in favor of  such  child  and
execute  and  deliver  to  such  person any forms, notices, documents or
instruments necessary to assure timely payment of any  health  insurance
claims for such child.
  S  13.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

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