senate Bill S7707A

2013-2014 Legislative Session

Relates to the supervision of persons with custody of protected children

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 print number 7707a
amend and recommit to children and families
Jun 02, 2014 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S7707 - Bill Details

See Assembly Version of this Bill:
A9995
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§1017 & 1054, Fam Ct Act

S7707 - Bill Texts

view summary

Relates to the supervision of persons with custody of protected children.

view sponsor memo
BILL NUMBER:S7707

TITLE OF BILL: An act to amend the family court act, in relation to
the supervision of persons with custody of protected children

PURPOSE: This bill would authorize family courts to make any order
allowable under the law to ensure the health, safety and well being of
a child under the court's jurisdiction regardless of who has custody
of the child.

SUMMARY OF PROVISIONS: This bill amends multiple provisions of the
Family Court Act, to clarify that non-respondent parents that are
granted custody of a child who is the subject of a child protective
proceeding may be subject to court orders governing their custody of
the child. The amendments also expand the kinds of order the Family
Court may issue against a child's custodian to include orders
allowable under section 255 of the Family Court Act, which allows the
court to require the cooperation of any state or local government
official for the purpose of effectuating the objectives of the Act,
and section 1015-a of the Act, which allows courts to order any social
services official to assist the court in protecting the child,
rehabilitating the child's family, and discharging the child from
foster care.

JUSTIFICATION: Local social services agencies, such as the New York
City Administration for Children's Services (ACS), are charged with
monitoring and ensuring the safety and well-being of all children
under its care and supervision. In some instances, judges release
children under the supervision of ACS to non-respondent parents, or
parents who are not the subject of a child welfare investigation While
respondent parents are under the supervision of court orders, current
law does not explicitly allow judges to place parents who are not the
subject of the child welfare case under the jurisdiction of the court.
As a result, local social services agencies have a limited ability to
supervise the homes in which children are residing during the course
of a child welfare court proceeding. This bill would clearly authorize
the Court to make any order allowable under the law to ensure the
health, safety and well-being of a child under the court's
jurisdiction no matter who has custody of the child

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7707

                            I N  S E N A T E

                              June 2, 2014
                               ___________

Introduced  by  Sen.  FELDER -- 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 the supervision  of
  persons with custody of protected children

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

  Section 1. Subparagraphs (i) and (ii) of paragraph (a) of  subdivision
2  of section 1017 of the family court act, as amended by chapter 519 of
the laws of 2008, are amended to read as follows:
  (i) grant an order of custody or guardianship to  such  non-respondent
parent,  other relative or other suitable person pursuant to section one
thousand fifty-five-b of this article AND MAKE ANY ORDER ALLOWABLE UNDER
SECTION TWO HUNDRED FIFTY-FIVE OR ONE THOUSAND FIFTEEN-A OF THIS ACT; or
  (ii) place the child directly in the custody  of  such  non-respondent
parent, other 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  investi-
gations  as the court deems necessary AND MAKE ANY ORDER ALLOWABLE UNDER
SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS
ACT; or
  S 2. Subdivision 3 of section 1017 of the family court act,  as  added
by chapter 519 of the laws of 2008, is amended to read as follows:
  3.  An  order placing a child with a relative, INCLUDING A NON-RESPON-
DENT PARENT, or other suitable person pursuant to this section  may  not
be  granted unless the relative or other suitable person consents to the
jurisdiction of the court. The court 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 child protective
agency, social services official or duly authorized  agency.  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 MAY MAKE ANY ORDER
ALLOWABLE  UNDER  SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND
FIFTEEN-A OF THIS ACT. An order of supervision issued pursuant  to  this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15449-01-4

S. 7707                             2

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  3.  Subdivision  (a)  of  section  1054 of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  If  the order of disposition releases the child to the custody of
his or her parent or other person legally responsible  for  his  or  her
care  at the time of the filing of the petition, the court may place the
person to whose custody the child is released  under  supervision  of  a
child protective agency or of a social services official or duly author-
ized  agency,  [or]  may  enter an order of protection under section one
thousand fifty-six, [or both] AND MAY MAKE  ANY  ORDER  ALLOWABLE  UNDER
SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS
ACT.  An order of supervision entered under this section shall set forth
the  terms  and  conditions  of  such  supervision that the [respondent]
PERSON OR PERSONS AGAINST WHOM THE ORDER IS ENTERED must  meet  and  the
actions  that  the  child protective agency, social services official or
duly authorized agency must take to exercise such supervision. 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  implementa-
tion  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 the court determines
that the facts and circumstances of the case do not require such  report
to be made.
  S 4. This act shall take effect immediately.

S7707A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9995
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§1017 & 1054, Fam Ct Act

S7707A (ACTIVE) - Bill Texts

view summary

Relates to the supervision of persons with custody of protected children.

view sponsor memo
BILL NUMBER:S7707A

TITLE OF BILL: An act to amend the family court act, in relation to
the supervision of persons with custody of protected children

PURPOSE:

This bill would authorize family courts to make any order allowable
under the law to ensure the health, safety and well being of a child
under the court's jurisdiction regardless of who has custody of the
child.

SUMMARY OF PROVISIONS:

This bill amends multiple provisions of the Family Court Act, to
clarify that non-respondent parents that are granted custody of a
child who is the subject of a child protective proceeding may be
subject to court orders governing their custody of the child. The
amendments also expand the kinds of order the Family Court may issue
against a child's custodian to include orders allowable under section
255 of the Family Court Act, which allows the court to require the
cooperation of any state or local government official for the purpose
of effectuating the objectives of the Act, and section 1015-a of the
Act, which allows courts to order any social services official to
assist the court in protecting the child, rehabilitating the child's
family, and discharging the child from foster care.

JUSTIFICATION:

Local social services agencies, such as the New York City
Administration for Children's Services (ACS), are charged with
monitoring and ensuring the safety and well-being of all children
under its care and supervision. In some instances, judges release
children under the supervision of ACS to non-respondent parents, or
parents who are not the subject of a child welfare investigation While
respondent parents are under the supervision of court orders, current
law does not explicitly allow judges to place parents who are not the
subject of the child welfare case under the jurisdiction of the court.
As a result, local social services agencies have a limited ability to
supervise the homes in which children are residing during the course
of a child welfare court proceeding. This bill would clearly authorize
the Court to make any order allowable under the law to ensure the
health, safety and well-being of a child under the court's
jurisdiction no matter who has custody of the child

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7707--A

                            I N  S E N A T E

                              June 2, 2014
                               ___________

Introduced  by  Sen.  FELDER -- 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, in relation to the supervision  of
  persons with custody of protected children

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

  Section 1. Subdivision 3 of section 1017 of the family court  act,  as
added by chapter 519 of the laws of 2008, is amended to read as follows:
  3.  An order placing a child with a relative, A NON-RESPONDENT PARENT,
or other suitable person pursuant to this section  may  not  be  granted
unless  the  [relative  or  other  suitable person] PERSON WITH WHOM THE
CHILD HAS BEEN DIRECTLY PLACED  consents  to  the  jurisdiction  of  the
court.  The  court  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 child protective agency,  social
services  official or duly authorized agency. The court also may issue a
temporary order of protection under subdivision (f) of section one thou-
sand twenty-two, section one thousand twenty-three or section one  thou-
sand  twenty-nine of this article. An order of supervision issued pursu-
ant to this subdivision shall set forth the terms  and  conditions  that
the  relative,  NON-RESPONDENT  PARENT, 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  2.  Subdivision  (a)  of  section  1054 of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  If  the order of disposition releases the child to the custody of
his or her parent or other person legally responsible  for  his  or  her
care  at the time of the filing of the petition, the court may place the
person to whose custody the child is released  under  supervision  of  a
child protective agency or of a social services official or duly author-
ized agency, or may enter an order of protection under section one thou-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15449-02-4

S. 7707--A                          2

sand  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]  PERSON OR PERSONS AGAINST WHOM THE
ORDER  IS  ENTERED  must  meet and the actions that the child protective
agency, social services official or duly authorized agency must take  to
exercise  such  supervision. Except as provided for herein, in any order
issued pursuant to this section, the court may require the child protec-
tive 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 the court determines that the facts and  circumstances  of
the case do not require such report to be made.
  S 3. This act shall take effect immediately.

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