Senate Bill S1752

2013-2014 Legislative Session

Provides that the return of certain children to the care and custody of the parent, parents or guardian shall be done pursuant to a transition plan

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S1752 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §§358-a & 384-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3517
2015-2016: S1617

2013-S1752 (ACTIVE) - Summary

Provides that the return of a child who has been in the care and custody of a social services official for a period of six months or more without visitation by the parent, parents or guardian shall be returned to the care and custody of the parent, parents or guardian pursuant to a transition plan.

2013-S1752 (ACTIVE) - Sponsor Memo

2013-S1752 (ACTIVE) - Bill Text download pdf

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

                                  1752

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to the return of  a
  child to the care and custody of his or her parent, parents or guardi-
  an

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

  Section 1. Subdivision 7 of section 358-a of the social services  law,
as  amended by section 39 of part A of chapter 3 of the laws of 2005, is
amended to read as follows:
  (7) Return of child. If an instrument provides for the return  of  the
care and custody of a child by the local social services official to the
parent,  parents  or  guardian  upon  any terms and conditions or at any
time, the local social services official shall comply with such terms of
such instrument without further court order. Every  order  approving  an
instrument providing for the transfer of the care and custody of a child
to  a  local  social  services official shall be served upon the parent,
parents or guardian who executed such instrument in such manner  as  the
family  court judge may provide in such order, together with a notice of
the terms and conditions under which the care and custody of such  child
may  be  returned  to  the parent, parents or guardian. If an instrument
provides for the return of the care and custody of a child by the  local
social  services  official  to  the  parent, parents or guardian without
fixing a definite date for such return, or if the local social  services
official  shall  fail  to  return a child to the care and custody of the
child's parent, parents or guardian in accordance with the terms of  the
instrument,  the  parent,  parents  or  guardian  may seek such care and
custody by motion for return of such child and order to  show  cause  in
such  proceeding or by writ of habeas corpus in the supreme court.  IN A
CASE WHERE A CHILD HAS BEEN IN THE CARE AND CUSTODY OF A SOCIAL SERVICES

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

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