Senate Bill S5202A

2013-2014 Legislative Session

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2013-S5202 - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§634, 1029, 1056, 1072 & 1089, Fam Ct Act; amd §384-b, Soc Serv L; amd §221-a, Exec L

2013-S5202 - Summary

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption.

2013-S5202 - Sponsor Memo

2013-S5202 - Bill Text download pdf

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

                                  5202

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  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, the social services  law  and  the
  executive  law,  in relation to orders of protection in termination of
  parental rights proceedings, child protective proceedings and  perman-
  ency hearings regarding children freed for adoption

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

  Section 1. Section 634 of the family court act, as amended by  chapter
666 of the laws of 1976, is amended to read as follows:
  S  634.  Commitment  of  guardianship and custody; further orders. The
court may enter an order under section six hundred  thirty-one  OF  THIS
ARTICLE  committing  the  guardianship  and  custody of the child to the
petitioner on such conditions, if any, as  it  deems  proper.  FOR  GOOD
CAUSE  SHOWN,  THE  COURT  MAY ISSUE A TEMPORARY ORDER OF PROTECTION OR,
UPON DISPOSITION, AN ORDER OF PROTECTION TO PROTECT THE  CHILD  AND  THE
CHILD'S  FOSTER  OR  PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED
MEMBERS OF THE HOUSEHOLD IN WHICH  THE  CHILD  RESIDES.  THE  ORDER  MAY
DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE,
AMONG  OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM THE
HOME, SCHOOL, BUSINESS OR PLACE  OF  EMPLOYMENT  OF  THE  CHILD  OR  THE
CHILD'S  FOSTER  OR  PRE-ADOPTIVE  PARENT OR PARENTS OR OTHER DESIGNATED
MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES.  PRIOR  TO  ISSUING
THE  ORDER,  THE  COURT  SHALL  INQUIRE AS TO THE EXISTENCE OF ANY OTHER
ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER
THIS SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO  FIVE  YEARS  OR
UNTIL  THE  YOUNGEST  CHILD  IN THE HOUSEHOLD IN WHICH THE CHILD RESIDES
REACHES THE AGE OF EIGHTEEN  YEARS  OF  AGE,  WHICHEVER  IS  EARLIER.  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09912-01-3
              

2013-S5202A (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§634, 1029, 1056, 1072 & 1089, Fam Ct Act; amd §384-b, Soc Serv L; amd §221-a, Exec L

2013-S5202A (ACTIVE) - Summary

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption.

2013-S5202A (ACTIVE) - Sponsor Memo

2013-S5202A (ACTIVE) - Bill Text download pdf

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

                                 5202--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families -- recommitted  to
  the  Committee on Children and Families in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the family court act, the social services law and the
  executive law, in relation to orders of protection in  termination  of
  parental  rights proceedings, child protective proceedings and perman-
  ency hearings regarding children freed for adoption

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

  Section  1. Section 634 of the family court act, as amended by chapter
666 of the laws of 1976, is amended to read as follows:
  S 634. Commitment of guardianship and  custody;  further  orders.  The
court  may  enter  an order under section six hundred thirty-one OF THIS
ARTICLE committing the guardianship and custody  of  the  child  to  the
petitioner  on  such  conditions,  if  any, as it deems proper. FOR GOOD
CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY  ORDER  OF  PROTECTION  OR,
UPON  DISPOSITION,  AN  ORDER OF PROTECTION TO PROTECT THE CHILD AND THE
CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS  AND  OTHER  DESIGNATED
MEMBERS  OF  THE  HOUSEHOLD  IN  WHICH  THE CHILD RESIDES. THE ORDER MAY
DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE,
AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM  THE
HOME,  SCHOOL,  BUSINESS  OR  PLACE  OF  EMPLOYMENT  OF THE CHILD OR THE
CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR  PARENTS  OR  OTHER  DESIGNATED
MEMBERS  OF  THE  HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING
THE ORDER, THE COURT SHALL INQUIRE AS TO  THE  EXISTENCE  OF  ANY  OTHER
ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09912-02-4
              

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