|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 02, 2014||referred to children and families|
senate Bill S7708
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7708 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§1039, 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
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
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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