senate Bill S7708

2013-2014 Legislative Session

Requires the scheduling and holding of expiration of order hearing in child protective proceedings in cities having a population of one million or more

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 referred to children and families

S7708 - Details

See Assembly Version of this Bill:
A10054
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง1039, 1053, 1054 & 1058, Fam Ct Act

S7708 - Summary

Requires the scheduling and holding of expiration of order hearing in child protective proceedings in cities having a population of one million or more.

S7708 - Sponsor Memo

S7708 - Bill Text download pdf

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

                                  7708

                            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 mandating the sche-
  duling and holding of expiration of order hearings in certain cities

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

  Section 1. Subdivision (c) of section 1039 of the family court act, as
amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
follows:
  (c) Such order may include  terms  and  conditions  agreeable  to  the
parties  and to the court, provided that such terms and conditions shall
include a requirement that the child and the  respondent  be  under  the
supervision  of a child protective agency during the adjournment period.
In any order issued pursuant to  this  section,  such  agency  shall  be
directed  to  make  a  progress report to the court, the parties and the
child's attorney on the implementation of  such  order,  no  later  than
ninety  days  after  the issuance of such order, unless the court deter-
mines that the facts and circumstances of the case do not  require  such
reports  to  be  made.  The  child  protective agency shall make further
reports to the court, the parties  and  the  child's  attorney  in  such
manner  and  at  such  times  as the court may direct.  IN CITIES WITH A
POPULATION OF ONE MILLION OR MORE, THE COURT SHALL SET  A  DATE  CERTAIN
FOR  AN  EXPIRATION  OF ORDER HEARING, TO BE PRESIDED OVER BY A JUDGE OF
THE FAMILY COURT, FOR THE PURPOSE OF HAVING THE CHILD PROTECTIVE  AGENCY
REPORT TO THE COURT AND THE PARTIES, INCLUDING ANY NON-RESPONDENT PARENT
AND  THE  CHILD'S ATTORNEY, ON THE STATUS AND CIRCUMSTANCES OF THE CHILD
AND FAMILY AND ON ANY ACTIONS TAKEN OR CONTEMPLATED BY SUCH AGENCY  WITH
RESPECT  TO  SUCH  CHILD AND FAMILY.   THE HEARING SHALL BE COMMENCED NO
LATER THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE  SUPERVISION  ORDER,
AND THE COURT SHALL SPECIFY THE HEARING DATE IN THE DISPOSITIONAL ORDER.
  S  2.  Section 1053 of the family court act is amended by adding a new
subdivision (d) to read as follows:
  (D) IN CITIES WITH A POPULATION OF ONE  MILLION  OR  MORE,  WHERE  THE
DISPOSITION  OF A DISPOSITIONAL HEARING IS A SUSPENDED JUDGMENT, AND THE

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

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