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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Jun 02, 2014 referred to children and families

S7708 - Bill Details

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

S7708 - Bill Texts

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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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BILL NUMBER:S7708

TITLE OF BILL: An act to amend the family court act, in relation to
mandating the scheduling and holding of expiration of order hearings
in certain cities

PURPOSE: The purpose of this bill is to give, judges the opportunity
to hear from all parties before an order of supervision expires about
whether a child can remain safely in his or her home and to determine
whether the ordered stipulations have been met.

SUMMARY OF PROVISIONS: This bill amends multiple areas of the Family
Court Act, and creates a new subdivision, for the purpose of requiring
Family Courts to hold a hearing prior to the expiration of an order of
supervision. The purpose of the hearing is to allow the child
protective agency an opportunity to report to the Family Court on
actions taken by the agency to comply with the court order. The
amendments would also require the child protective agency to submit a
report to the court and to the parties in advance of the hearing that
updates the court on the child's status and circumstances, and details
any action contemplated by the agency with respect to the child or the
child's custodian.

JUSTIFICATION: The end of supervision is an important juncture in a
welfare Family Court case. Under the proposed amendments, judges will
have a critical opportunity to hear from all parties before an order
of supervision expires about whether a child can remain safely in his
or her home and to determine whether the ordered stipulations have
been met. The hearing serves several purposes: it provides an
opportunity for all the parties to get together to ensure that the
ending supervision is in the best interests of the child; ensures that
all services are in place for a smooth transition prior to the end of
court jurisdiction; ensures that the outcome of the case is as
successful as possible before ending court oversight; and it helps
prevent repeated maltreatment by ensuring that the issues that brought
the family before the court have been resolved.

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
________________________________________________________________________

                                  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.
                                                           LBD15450-01-4

S. 7708                             2

CHILD IS RELEASED 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  WITH  SUPERVISION,  THE  COURT SHALL SET A DATE CERTAIN FOR AN
EXPIRATION OF ORDER HEARING, TO BE PRESIDED OVER BY A JUDGE OF THE FAMI-
LY  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  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 thou-
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 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 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.  IN
CITIES WITH A POPULATION OF ONE MILLION OR MORE, AT THE CONCLUSION OF  A
DISPOSITIONAL  HEARING  AT WHICH THE CHILD IS RELEASED 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 WITH SUPERVISION, 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, INCLUD-
ING  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  EXPIRA-
TION  OF  THE SUPERVISION ORDER, AND THE COURT SHALL SPECIFY THE HEARING
DATE IN THE DISPOSITIONAL ORDER.
  S 4. Section 1058 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
  S 1058. Expiration of orders. No later than sixty days  prior  to  the
expiration  of  an order issued pursuant to paragraph (i), (ii), [(iv),]
or (v) of subdivision (a) of section one thousand fifty-two of this part
or [prior to] the conclusion of the period of an adjournment in  contem-
plation  of  dismissal  pursuant  to section one thousand thirty-nine of
this article, where no application has been made  seeking  extension  of
such  orders  or  adjournments  and,  with  respect to an adjournment in
contemplation of dismissal, no  violations  of  the  court's  order  are

S. 7708                             3

before the court, OR FOURTEEN DAYS PRIOR TO AN EXPIRATION OF ORDER HEAR-
ING   HELD   PURSUANT   TO  SUBDIVISION  (C)  OF  SECTION  ONE  THOUSAND
THIRTY-NINE, SUBDIVISION (D) OF SECTION  ONE  THOUSAND  FIFTY-THREE,  OR
SUBDIVISION  (A)  OF  SECTION ONE THOUSAND FIFTY-FOUR OF THIS PART WHERE
ONE HAS BEEN ORDERED, the child protective agency shall, whether or  not
the  child has been or will be returned to the family, SUBMIT AN EXPIRA-
TION OF ORDER report to the court[,]  AND  the  parties,  including  any
non-respondent parent and the child's attorney on the status and circum-
stances of the child and family and any actions taken or contemplated by
such  agency with respect to such child and family.  WHERE AN EXPIRATION
OF ORDER HEARING HAS BEEN SCHEDULED, THE COURT SHALL REVIEW THE  EXPIRA-
TION OF ORDER REPORT AT THE HEARING. AT THE HEARING, TO BE PRESIDED OVER
BY A JUDGE OF THE FAMILY COURT, THE CHILD PROTECTIVE AGENCY SHALL 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 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.
  S 5. This act shall take effect immediately.

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