LBD09670-04-5
A. 6715--A 2
S 3. Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
of section 1017 of the family court act, subdivision 1 and paragraph (a)
of subdivision 2 as amended by section 10 of part A of chapter 3 of the
laws of 2005, the opening paragraph of subdivision 1 as separately
amended by chapter 671 of the laws of 2005, subparagraphs (i) and (ii)
of paragraph (a) of subdivision 2 as amended and subdivision 3 as added
by chapter 519 of the laws of 2008, are amended to read as follows:
1. In any proceeding under this article, when the court determines
that a child must be removed from his or her home, pursuant to part two
of this article, or placed, pursuant to section one thousand fifty-five
of this article[,]:
(A) the court shall direct the local commissioner of social services
to conduct an immediate investigation to locate any non-respondent
parent of the child and any relatives of the child, including all of the
child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden-
tified by any respondent parent or any non-respondent parent and any
relative identified by a child over the age of five as a relative who
plays or has played a significant positive role in his or her life[,
and]. THE LOCAL COMMISSIONER SHALL inform them IN WRITING of the
pendency of the proceeding and of the opportunity for [becoming foster
parents or for seeking custody or care] NON-RESPONDENT PARENTS TO SEEK
TEMPORARY RELEASE of the child[, and that the child may be adopted by
foster parents if attempts at reunification with the birth parent are
not required or are unsuccessful] UNDER THIS ARTICLE OR CUSTODY UNDER
ARTICLE SIX OF THIS ACT OR FOR RELATIVES TO SEEK TO BECOME FOSTER
PARENTS OR TO PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK CUSTODY
PURSUANT TO ARTICLE SIX OF THIS ACT; OR FOR SUITABLE PERSONS TO BECOME
FOSTER PARENTS OR PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK GUAR-
DIANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT. UNIFORM STATEWIDE RULES OF
COURT SHALL SPECIFY THE CONTENTS OF THE NOTICE CONSISTENT WITH THE
PROVISIONS OF THIS SECTION. The local commissioner of social services
shall [record] REPORT the results of such investigation, OR INVESTI-
GATIONS TO THE COURT AND PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD.
THE LOCAL COMMISSIONER SHALL ALSO RECORD THE RESULTS OF THE INVESTI-
GATION OR INVESTIGATIONS, including, but not limited to, the name, last
known address, social security number, employer's address and any other
identifying information to the extent known regarding any non-respondent
parent, in the uniform case record maintained pursuant to section four
hundred nine-f of the social services law. For the purpose of this
section, "non-respondent parent" shall include a person entitled to
notice of the pendency of the proceeding and of the right to intervene
as an interested party pursuant to subdivision (d) of section one thou-
sand thirty-five of this article, and a non-custodial parent entitled to
notice and the right to enforce visitation rights pursuant to subdivi-
sion (e) of section one thousand thirty-five of this article.
(B) THE COURT SHALL ALSO DIRECT THE LOCAL COMMISSIONER OF SOCIAL
SERVICES TO CONDUCT AN INVESTIGATION TO LOCATE ANY PERSON WHO IS NOT
RECOGNIZED TO BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE THE RIGHTS
OF A LEGAL PARENT UNDER THE LAWS OF THE STATE OF NEW YORK BUT WHO (I)
HAS FILED WITH A PUTATIVE FATHER REGISTRY AN INSTRUMENT ACKNOWLEDGING
PATERNITY OF THE CHILD, PURSUANT TO SECTION 4-1.2 OF THE ESTATES, POWERS
AND TRUSTS LAW, OR (II) HAS A PENDING PATERNITY PETITION, OR (III) HAS
BEEN IDENTIFIED AS A PARENT OF THE CHILD BY THE CHILD'S OTHER PARENT IN
A WRITTEN SWORN STATEMENT. THE LOCAL COMMISSIONER OF SOCIAL SERVICES
SHALL REPORT THE RESULTS OF SUCH INVESTIGATION TO THE COURT AND PARTIES,
INCLUDING THE ATTORNEY FOR THE CHILD.
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(C) The court shall determine:
[(a)] (I) whether there is a [suitable] non-respondent parent [or
other person related to the child], RELATIVE OR SUITABLE PERSON with
whom such child may appropriately reside; and
[(b)] (II) in the case of a relative OR SUITABLE PERSON, whether such
[relative] INDIVIDUAL seeks approval as a foster parent pursuant to the
social services law for the purposes of providing care for such child,
or wishes to provide free care [and custody] for the child during the
pendency of any orders pursuant to this article.
(a) where the court, AFTER A REVIEW OF THE REPORTS OF THE SEX OFFENDER
REGISTRY ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE HUNDRED
SIXTY-EIGHT-B OF THE CORRECTION LAW, REPORTS OF THE STATEWIDE COMPUTER-
IZED REGISTRY OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSU-
ANT TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW, RELATED
DECISIONS IN COURT PROCEEDINGS UNDER THIS ARTICLE AND ALL WARRANTS
ISSUED UNDER THIS ACT, determines that the child may APPROPRIATELY
reside with a [suitable] non-respondent parent or other relative or
[other] suitable person, either:
(i) grant [an] A TEMPORARY order of custody or guardianship to such
non-respondent parent, [other] relative or [other] suitable person
pursuant to A PETITION FILED UNDER ARTICLE SIX OF THIS ACT PENDING
FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A
FINAL ORDER OF CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT,
RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE SIX OF THIS ACT AND
section one thousand fifty-five-b of this article; or
(ii) [place] TEMPORARILY RELEASE the child directly [in the custody
of] TO such non-respondent parent[, other] OR TEMPORARILY PLACE THE
CHILD WITH A relative or [other] suitable person pursuant to this arti-
cle during the pendency of the proceeding or until further order of the
court, whichever is earlier and conduct such other and further investi-
gations as the court deems necessary. THE COURT MAY DIRECT THE COMMIS-
SIONER OF SOCIAL SERVICES, PURSUANT TO REGULATIONS OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES, TO COMMENCE AN INVESTIGATION OF THE HOME
OF SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE PERSON WITHIN TWEN-
TY-FOUR HOURS AND TO REPORT THE RESULTS TO THE COURT AND THE PARTIES,
INCLUDING THE ATTORNEY FOR THE CHILD. IF THE HOME OF A NON-RESPONDENT
PARENT, RELATIVE OR SUITABLE PERSON, IS FOUND UNQUALIFIED AS APPROPRIATE
FOR THE TEMPORARY RELEASE OR PLACEMENT OF THE CHILD UNDER THIS ARTICLE,
THE LOCAL COMMISSIONER SHALL REPORT SUCH FACT AND THE REASONS THEREFOR
TO THE COURT AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD,
FORTHWITH; or
(iii) remand or place the child, as applicable, with the local commis-
sioner of social services and direct such commissioner to have the child
reside with such relative or [other] suitable person and further direct
such commissioner pursuant to regulations of the office of children and
family services, to commence an investigation of the home of such rela-
tive or other suitable person within twenty-four hours and thereafter
approve such relative or other suitable person, if qualified, as a
foster parent. If such home is found to be unqualified for approval, the
local commissioner shall report such fact AND THE REASONS THEREAFTER to
the court AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, forth-
with.
3. An order [placing] TEMPORARILY RELEASING a child [with] TO A
NON-RESPONDENT PARENT OR PARENTS, OR TEMPORARILY PLACING A CHILD WITH a
relative or RELATIVES OR other suitable person OR PERSONS pursuant to
SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF this section OR
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REMANDING OR PLACING A CHILD WITH A LOCAL COMMISSIONER OF SOCIAL
SERVICES TO RESIDE WITH A RELATIVE OR RELATIVES OR SUITABLE PERSON OR
PERSONS AS FOSTER PARENTS PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
(A) OF SUBDIVISION TWO OF THIS SECTION may not be granted unless the
[relative or other suitable] person [consents] OR PERSONS TO WHOM THE
CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the jurisdiction of the
court WITH RESPECT TO THE CHILD. The [court] ORDER SHALL SET FORTH THE
TERMS AND CONDITIONS APPLICABLE TO SUCH PERSON OR PERSONS AND CHILD
PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY
WITH RESPECT TO THE CHILD AND may [place the person with whom the child
has been directly placed under supervision during the pendency of the
proceeding. Such supervision shall be provided by a] INCLUDE, BUT MAY
NOT BE LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS TO COOPERATE
IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED VISITATION WITH RESPOND-
ENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS WITH AND VISITS BY THE
child protective agency, INCLUDING VISITS IN THE HOME AND IN-PERSON
CONTACT WITH THE CHILD PROTECTIVE AGENCY, social services official or
duly authorized agency, AND FOR APPOINTMENTS WITH THE CHILD'S ATTORNEY,
CLINICIAN OR OTHER INDIVIDUAL OR PROGRAM PROVIDING SERVICES TO THE CHILD
DURING THE PENDENCY OF THE PROCEEDING. The court also may issue a tempo-
rary order of protection under subdivision (f) of section one thousand
twenty-two, section one thousand twenty-three or section one thousand
twenty-nine of this article AND AN ORDER DIRECTING THAT SERVICES BE
PROVIDED PURSUANT TO SECTION ONE THOUSAND FIFTEEN-A OF THIS PART. [An
order of supervision issued pursuant to this subdivision shall set forth
the terms and conditions that the relative or suitable person must meet
and the actions that the child protective agency, social services offi-
cial or duly authorized agency must take to exercise such supervision.]
S 4. Section 1022-a of the family court act, as added by chapter 336
of the laws of 1990, is amended to read as follows:
S 1022-a. Preliminary orders; notice and appointment of counsel. At a
hearing held pursuant to section [ten hundred] ONE THOUSAND twenty-two
of this [act] PART at which the respondent is present, the court shall
advise the respondent AND ANY NON-RESPONDENT PARENT WHO IS PRESENT of
the allegations in the application and shall appoint counsel for [the
respondent pursuant to] EACH IN ACCORDANCE WITH section two hundred
sixty-two of this act [where the respondent is indigent], UNLESS WAIVED.
S 5. Subparagraph (C) of paragraph (i) of subdivision (b) and subdivi-
sion (d) of section 1027 of the family court act, subparagraph (C) of
paragraph (i) of subdivision (b) as amended by chapter 671 of the laws
of 2005 and subdivision (d) as added by chapter 962 of the laws of 1970,
are amended to read as follows:
(C) [in the custody of] WITH a relative or suitable person other than
the respondent.
(d) Upon such hearing, the court may, for good cause shown, release
the child to [the custody of] his OR HER parent or other person legally
responsible for his OR HER care, pending a final order of disposition,
in accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE.
S 6. The opening paragraph of subdivision (d) of section 1035 of the
family court act, as amended by chapter 526 of the laws of 2003, is
amended to read as follows:
Where the respondent is not the child's parent, service of the summons
and petition shall also be ordered on both of the child's parents; where
only one of the child's parents is the respondent, service of the
summons and petition shall also be ordered on the child's other parent.
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The summons and petition shall be accompanied by a notice of pendency of
the child protective proceeding advising the parents or parent of the
right to appear and participate in the proceeding as an interested party
intervenor for the purpose of seeking temporary and permanent RELEASE OF
THE CHILD UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX
OF THIS ACT, and to participate thereby in all arguments and hearings
insofar as they affect the temporary RELEASE OR custody of the child
during fact-finding proceedings, and in all phases of dispositional
proceedings. The notice shall also ADVISE THE PARENT OR PARENTS OF THE
RIGHT TO COUNSEL, INCLUDING ASSIGNED COUNSEL, PURSUANT TO SECTION TWO
HUNDRED SIXTY-TWO OF THIS ACT, AND ALSO indicate that:
S 7. Subdivision (a) of section 1052 of the family court act, as
amended by chapter 519 of the laws of 2008, is amended to read as
follows:
(a) At the conclusion of a dispositional hearing under this article,
the court shall enter an order of disposition directing one or more of
the following:
(i) suspending judgment in accord with section one thousand fifty-
three of this part; or
(ii) releasing the child to [the custody of his] A NON-RESPONDENT
PARENT OR parents or [other person legally responsible] LEGAL CUSTODIAN
OR CUSTODIANS OR GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE NOT RESPOND-
ENTS IN THE PROCEEDING, in accord with section one thousand fifty-four
of this part; or
(iii) placing the child in accord with section one thousand fifty-five
of this part; or
(iv) making an order of protection in accord with SECTION one thousand
fifty-six of this part; or
(v) RELEASING THE CHILD TO THE RESPONDENT OR RESPONDENTS OR placing
the respondent OR RESPONDENTS under supervision, OR BOTH, in accord with
section one thousand fifty-seven of this part; or
(vi) granting custody of the child to A RESPONDENT PARENT OR PARENTS,
A RELATIVE OR relatives or A suitable PERSON OR persons pursuant to
ARTICLE SIX OF THIS ACT AND section one thousand fifty-five-b of this
part; OR
(VII) GRANTING CUSTODY OF THE CHILD TO A NON-RESPONDENT PARENT OR
PARENTS PURSUANT TO ARTICLE SIX OF THIS ACT.
However, the court shall not enter an order of disposition combining
placement of the child under paragraph (iii) of this subdivision with a
disposition under paragraph (i) or (ii) of this subdivision. An order
granting custody of the child pursuant to paragraph (vi) OR (VII) of
this subdivision shall not be combined with any other disposition under
this subdivision.
S 8. Section 1054 of the family court act, as amended by chapter 1039
of the laws of 1973, subdivision (a) as amended by chapter 41 of the
laws of 2010 and subdivision (b) as amended by chapter 458 of the laws
of 1989, is amended to read as follows:
S 1054. Release to [custody of] NON-RESPONDENT parent or [other person
responsible for care; supervision or order of protection] LEGAL CUSTO-
DIAN OR GUARDIAN. (a) [If the] AN order of disposition [releases] MAY
RELEASE the child FOR A DESIGNATED PERIOD OF UP TO ONE YEAR to [the
custody of his or her] A NON-RESPONDENT parent or [other] PARENTS OR A
person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN
THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the
petition, [the] AND WHO IS NOT OR ARE NOT RESPONDENTS IN THE PROCEEDING
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UNDER THIS ARTICLE. AN ORDER UNDER THIS SECTION MAY BE EXTENDED UPON A
HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
(B) THE court may [place] REQUIRE the person OR PERSONS to [whose
custody] WHOM the child is released under [supervision of a] THIS
SECTION TO SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT TO THE
CHILD FOR THE PERIOD OF THE DISPOSITION OR AN EXTENSION THEREOF. THE
ORDER MAY INCLUDE, BUT IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR
PERSONS TO COOPERATE IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED
VISITATION WITH RESPONDENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS
WITH AND VISITS BY THE child protective agency [or of a], INCLUDING
VISITS IN THE HOME AND IN-PERSON CONTACT WITH THE CHILD PROTECTIVE AGEN-
CY, social services official or duly authorized agency, AND FOR APPOINT-
MENTS WITH THE CHILD'S ATTORNEY, CLINICIAN OR OTHER INDIVIDUAL OR
PROGRAM PROVIDING SERVICES TO THE CHILD. THE ORDER SHALL SET FORTH THE
TERMS AND CONDITIONS APPLICABLE TO SUCH NON-RESPONDENT AND CHILD PROTEC-
TIVE AGENCY, SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY WITH
RESPECT TO THE CHILD.
(C) IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A NON-RESPON-
DENT PARENT, LEGAL CUSTODIAN OR GUARDIAN UNDER THIS SUBDIVISION, THE
COURT MAY ALSO ISSUE ANY OR ALL OF THE FOLLOWING ORDERS: AN ORDER OF
SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV-
EN, AN ORDER DIRECTING THAT SERVICES BE PROVIDED TO THE RESPONDENT
PARENT UNDER SECTION ONE THOUSAND FIFTEEN-A or [may enter] an order of
protection under section one thousand fifty-six[, or both] OF THIS ARTI-
CLE. An order of supervision OF THE RESPONDENT 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] SUBDIVISION MAY BE EXTENDED UPON A HEARING
FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
(D) 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 AND NO LATER
THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF the ORDER, UNLESS THE court
determines that the facts and circumstances of the case do not require
such report to be made.
[(b) Rules of court shall define permissible terms and conditions of
supervision under this section. The duration of any period of super-
vision shall be for an initial period of no more than one year and the
court may at the expiration of that period, upon a hearing and for good
cause shown, make successive extensions of such supervision of up to one
year each.]
S 9. The section heading and subdivisions (a) and (b) of section
1055-b of the family court act, as amended by section 7 of part F of
chapter 58 of the laws of 2010, are amended and two new subdivisions
(a-1) and (a-2) are added to read as follows:
Custody or guardianship with A PARENT OR PARENTS, relatives or suit-
able persons pursuant to article six of this act or guardianship with
[such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven-
teen of the surrogate's court procedure act. (a) CUSTODY OR GUARDIAN-
SHIP WITH RESPONDENT PARENT OR PARENTS, RELATIVES OR SUITABLE PERSONS.
At the conclusion of the dispositional hearing under this article, the
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court may enter an order of disposition granting custody or guardianship
of the child to a RESPONDENT PARENT OR PARENTS, AS DEFINED IN SUBDIVI-
SION (1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, OR A relative
OR RELATIVES or other suitable person [under] OR PERSONS PURSUANT TO
article six of this act or an order of guardianship of the child to
[such] a RELATIVE OR RELATIVES OR SUITABLE person OR PERSONS under arti-
cle seventeen of the surrogate's court procedure act if THE FOLLOWING
CONDITIONS HAVE BEEN MET:
(i) the RESPONDENT PARENT OR PARENTS, relative OR RELATIVES or suit-
able person OR PERSONS has OR HAVE filed a petition for custody or guar-
dianship of the child pursuant to article six of this act or, IN THE
CASE OF A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS, a peti-
tion for guardianship of the child under article seventeen of the surro-
gate's court procedure act; and
(ii) the court finds that granting custody or guardianship of the
child to [the relative or suitable] SUCH person OR PERSONS is in the
best interests of the child and that the safety of the child will not be
jeopardized if the respondent or respondents under the child protective
proceeding are no longer under supervision or receiving services. In
determining whether the best interests of the child will be promoted by
the granting of guardianship of the child to a relative who has cared
for the child as a foster parent, the court shall give due consideration
to the permanency goal of the child, the relationship between the child
and the relative, and whether the relative and the social services
district have entered into an agreement to provide kinship guardianship
assistance payments for the child to the relative under title ten of
article six of the social services law, and, if so, whether the fact-
finding hearing pursuant to section one thousand fifty-one of this part
and a permanency hearing pursuant to section one thousand eighty-nine of
this chapter [has] HAVE occurred and whether compelling reasons exist
for determining that the return home of the child and the adoption of
the child are not in the best interests of the child and are, therefore,
not appropriate permanency options; and
(iii) the court finds that granting custody or guardianship of the
child to the RESPONDENT PARENT, relative or suitable person under arti-
cle six of this act or granting guardianship of the child to the rela-
tive or [other] suitable person under article seventeen of the surro-
gate's court procedure act will provide the child with a safe and
permanent home; and
(iv) all parties to the child protective proceeding consent to the
granting of custody or guardianship under article six of this act or the
granting of guardianship under article seventeen of the surrogate's
court procedure ACT; or [(v)], IF ANY OF THE PARTIES OBJECT TO THE
GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS MADE THE FOLLOWING
FINDINGS after a [consolidated] JOINT dispositional hearing on the child
protective petition and the petition under article six of this act or
under article seventeen of the surrogate's court procedure act[;]:
(A) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A parent or parents
fail to consent to the granting of [custody or guardianship under arti-
cle six of this act or] the [granting of guardianship under article
seventeen of the surrogate's court procedure act] PETITION, the court
finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
DEMONSTRATED THAT extraordinary circumstances exist that support grant-
ing an order of custody or guardianship TO THE RELATIVE OR RELATIVES OR
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SUITABLE PERSON OR PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE
THE CHILD'S BEST INTERESTS; or
(B) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than the
parent or parents fail to consent to the granting of [custody or guardi-
anship under article six of this act or] the PETITION [granting of guar-
dianship under article seventeen of the surrogate's court procedure
act], the court finds that granting custody or guardianship of the child
to the relative OR RELATIVES or suitable person OR PERSONS is in the
best interests of the child; OR
(C) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD
OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS
BE IN THE CHILD'S BEST INTERESTS; OR
(D) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF
THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY TO THE PETITIONING
RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS.
(A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED BY THE NON-RESPONDENT
PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME
AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE,
THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY
HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE PETITION UNDER
THIS ARTICLE AND THE HEARING ON THE CUSTODY AND VISITATION PETITION
UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT MUST DETER-
MINE THE NON-RESPONDENT PARENT'S CUSTODY AND VISITATION PETITION FILED
UNDER ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTI-
CLE.
(A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. WHERE A
PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR
RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME
TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI-
CLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY
JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE PETITION
UNDER ARTICLE TEN OF THIS ACT AND, UPON REFERRAL FROM THE SUPREME COURT,
THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE
PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT
MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD-
ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section WHERE APPLICABLE, including, if the guardian and the local
department of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to the relative
under title ten of article six of the social services law, that a fact-
finding hearing pursuant to section one thousand fifty-one of this part
and a permanency hearing pursuant to section one thousand eighty-nine of
this chapter [has] HAVE occurred, and the compelling reasons that exist
for determining that the return home of the child and the adoption of
the child are not in the best interests of the child and are, therefore,
A. 6715--A 9
not appropriate permanency options for the child, and shall constitute
the final disposition of the child protective proceeding. Notwithstand-
ing any other provision of law, the court shall not issue an order of
supervision nor may the court require the local department of social
services to provide services to the respondent or respondents when
granting custody or guardianship pursuant to article six of this act
under this section or granting guardianship under article seventeen of
the surrogate's court procedure act.
S 10. Section 1057 of the family court act, as amended by chapter 41
of the laws of 2010, is amended to read as follows:
S 1057. [Supervision] RELEASE OF THE CHILD TO THE RESPONDENT OR
RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS.
(A) The court may RELEASE THE CHILD TO THE RESPONDENT OR RESPONDENTS
FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI-
VISION (D) OF THIS SECTION.
(B) IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS SECTION
OR AN ORDER UNDER PARAGRAPH (II), (III) OR (IV) OF SUBDIVISION (A) OF
SECTION ONE THOUSAND FIFTY-TWO OF THIS PART, THE COURT MAY place the
respondent OR RESPONDENTS under supervision of a child protective agency
or of a social services official or duly authorized agency. An order of
supervision entered under this section shall set forth the terms and
conditions of such supervision that the respondent OR RESPONDENTS must
meet and the actions that the child protective agency, social services
official or duly authorized agency must take to exercise such super-
vision.
(C) Except as provided for herein, in any order issued pursuant to
SUBDIVISION (A) OR (B) OF 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] AND NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF
the ORDER, UNLESS THE court determines that the facts and circumstances
of the case do not require such report to be made. [Rules] UNIFORM
STATEWIDE RULES of court shall define permissible terms and conditions
of supervision OF THE RESPONDENT OR RESPONDENTS under this section.
(D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND-
ENT OR RESPONDENTS OR supervision OF THE RESPONDENT OR RESPONDENTS OR
BOTH shall be for an initial period of no more than one year [and the].
THE court may at the expiration of that period, upon a hearing and for
good cause shown, [make successive extensions of] EXTEND such RELEASE OR
supervision OR BOTH FOR A PERIOD of up to one year [each].
S 11. The section heading and subdivisions (a), (b) and (c) of section
1089-a of the family court act, as amended by section 8 of part F of
chapter 58 of the laws of 2010, are amended and two new subdivisions
(a-1) and (a-2) are added to read as follows:
Custody or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela-
tives or A suitable PERSON OR persons pursuant to article six of this
act or guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR
PERSONS pursuant to article seventeen of the surrogate's court procedure
act. (a) Where the permanency plan is placement with a fit and willing
relative OR A RESPONDENT PARENT, the court may issue an order of custody
or guardianship in response to a petition filed by a RESPONDENT PARENT,
relative or suitable person seeking custody or guardianship of the child
under article six of this act or an order of guardianship of the child
A. 6715--A 10
under article seventeen of the surrogate's court procedure act [at]. A
PETITION FOR CUSTODY OR GUARDIANSHIP MAY BE HEARD JOINTLY WITH a perman-
ency hearing held pursuant to this article [and terminate]. AN ORDER OF
CUSTODY OR GUARDIANSHIP ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL
RESULT IN TERMINATION OF all pending orders issued pursuant to THIS
article OR ARTICLE ten of this act if THE FOLLOWING CONDITIONS HAVE BEEN
MET:
(i) the court finds that granting custody TO THE RESPONDENT PARENT OR
PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or guardi-
anship of the child to the relative OR RELATIVES or suitable person OR
PERSONS is in the best interests of the child and that the termination
of the order placing the child pursuant to article ten of this act will
not jeopardize the safety of the child. In determining whether the best
interests of the child will be promoted by the granting of guardianship
of the child to a relative who has cared for the child as a foster
parent, the court shall give due consideration to the permanency goal of
the child, the relationship between the child and the relative, and
whether the relative and the local department of social services have
entered into an agreement to provide kinship guardianship assistance
payments for the child to the relative under title ten of article six of
the social services law, and, if so, whether a fact-finding hearing
pursuant to section one thousand fifty-one of this chapter has occurred,
and whether compelling reasons exist for determining that the return
home of the child and the adoption of the child are not in the best
interests of the child and are, therefore, not appropriate permanency
options; and
(ii) the court finds that granting custody TO THE RESPONDENT PARENT OR
PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or guardi-
anship of the child to the relative or RELATIVES OR suitable person OR
PERSONS will provide the child with a safe and permanent home; and
(iii) the parents, the attorney for the child, the local department of
social services, and the foster parent of the child who has been the
foster parent for the child for one year or more consent to the issuance
of an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the surrogate's
court procedure act and the termination of the order of placement pursu-
ant to THIS article OR ARTICLE ten of this act; or [(iv)], IF ANY OF THE
PARTIES OBJECT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS
MADE THE FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the
permanency of the child and the petition under article six of this act
or article seventeen of the surrogate's court procedure act[;]:
(A) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A parent or parents
fail to consent to the granting of [custody or guardianship under arti-
cle six of this act or] the [granting of guardianship under article
seventeen of the surrogate's court procedure act] PETITION, the court
finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
DEMONSTRATED THAT extraordinary circumstances exist that support grant-
ing an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the surrogate's
court procedure act TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR
PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE THE CHILD'S BEST
INTERESTS; or
(B) if A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND the local department of
social services, the attorney for the child, or the foster parent of the
A. 6715--A 11
child who has been the foster parent for the child for one year or more
[fail to consent] OBJECTS to the granting of [custody or guardianship
under article six of this act or the granting of guardianship under
article seventeen of the surrogate's court procedure act] THE PETITION,
the court finds that granting custody or guardianship of the child to
the relative OR RELATIVES or suitable person OR PERSONS is in the best
interests of the child; OR
(C) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD
OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS
BE IN THE CHILD'S BEST INTERESTS; OR
(D) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND THE OTHER PARENT FAILS TO CONSENT TO THE
GRANTING OF THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY TO THE
PETITIONING RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS.
(A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED BY A NON-RESPONDENT
PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME
AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE,
THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY
HEAR THE PERMANENCY HEARING AND THE HEARING ON THE CUSTODY AND VISITA-
TION PETITION UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT
MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODY PETITION FILED UNDER
ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTICLE.
(A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. WHERE A
PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR
RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME
TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI-
CLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY
JOINTLY HEAR THE PERMANENCY HEARING AND, UPON REFERRAL FROM THE SUPREME
COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE
PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT
MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD-
ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section, WHERE APPLICABLE, including, if the guardian and local
department of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to the relative
under title ten of article six of the social services law, that a fact-
finding hearing pursuant to section one thousand fifty-one of this chap-
ter [has] AND A PERMANENCY HEARING PURSUANT TO SECTION ONE THOUSAND
EIGHTY-NINE OF THIS PART HAVE occurred, and the compelling reasons that
exist for determining that the return home of the child are not in the
best interests of the child and are, therefore, not appropriate perman-
ency options for the child, and shall result in the termination of any
orders in effect pursuant to article ten of this act or pursuant to this
article. Notwithstanding any other provision of law, the court shall not
issue an order of supervision nor may the court require the local
department of social services to provide services to the respondent or
respondents when granting custody or guardianship pursuant to article
A. 6715--A 12
six of this act UNDER THIS SECTION or the granting of guardianship under
article seventeen of the surrogate's court procedure act in accordance
with this section.
(c) As part of the order granting custody or guardianship [to the
relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to
article six of this act or the granting of guardianship under article
seventeen of the surrogate's court procedure act, the court may require
that the local department of social services and the attorney for the
child receive notice of, and be made parties to, any subsequent proceed-
ing to modify the order of custody or guardianship granted pursuant to
the article six proceeding; provided, however, if the guardian and the
local department of social services have entered into an agreement to
provide kinship guardianship assistance payments for the child to the
relative under title ten of article six of the social services law, the
order must require that the local department of social services and the
attorney for the child receive notice of, and be made parties to, any
such subsequent proceeding involving custody or guardianship of the
child.
S 12. Paragraph (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
(a) In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders, and shall enter orders for
custody and support as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties and to the best interests of the child and subject to the
provisions of subdivision one-c of this section. Where either party to
an action concerning custody of or a right to visitation with a child
alleges in a sworn petition or complaint or sworn answer, cross-peti-
tion, counterclaim or other sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as such
family or household member is defined in article eight of the family
court act, and such allegations are proven by a preponderance of the
evidence, the court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section and state on the record how such findings, facts and
circumstances factored into the direction. If a parent makes a good
faith allegation based on a reasonable belief supported by facts that
the child is the victim of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response to that reasonable belief to protect the child or seek treat-
ment for the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody, visita-
tion or contact, based solely on that belief or the reasonable actions
taken based on that belief. If an allegation that a child is abused is
supported by a preponderance of the evidence, then the court shall
consider such evidence of abuse in determining the visitation arrange-
ment that is in the best interest of the child, and the court shall not
place a child in the custody of a parent who presents a substantial risk
A. 6715--A 13
of harm to that child, and shall state on the record how such findings
were factored into the determination. WHERE A PROCEEDING FILED PURSUANT
TO ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT IS PENDING AT THE SAME
TIME AS A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY
OF, OR RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE, THE COURT
PRESIDING OVER THE PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THE FAMILY
COURT ACT MAY JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE PETITION
UNDER ARTICLE TEN OR THE PERMANENCY HEARING UNDER ARTICLE TEN-A OF THE
FAMILY COURT ACT AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING
TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING
IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE CUSTODY
OR VISITATION IN ACCORDANCE WITH THE TERMS OF THIS SECTION.
An order directing the payment of child support shall contain the
social security numbers of the named parties. In all cases there shall
be no prima facie right to the custody of the child in either parent.
Such direction shall make provision for child support out of the proper-
ty of either or both parents. The court shall make its award for child
support pursuant to subdivision one-b of this section. Such direction
may provide for reasonable visitation rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation for persons not in
receipt of public assistance and care must contain either a request for
child support enforcement services which would authorize the collection
of the support obligation by the immediate issuance of an income
execution for support enforcement as provided for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has applied for
or is in receipt of such services; or a statement that the applicant
knows of the availability of such services, has declined them at this
time and where support enforcement services pursuant to section one
hundred eleven-g of the social services law have been declined that the
applicant understands that an income deduction order may be issued
pursuant to subdivision (c) of section fifty-two hundred forty-two of
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required. The
court shall provide a copy of any such request for child support
enforcement services to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the copy of any such request
shall be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of the
employers and income payors of the party from whom child support is
sought or from the party ordered to pay child support to the other
party. Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
A. 6715--A 14
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to be made to
the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health insurance benefits available that may be
extended or obtained to cover the child, such parent is required to
exercise the option of additional coverage in favor of such child and
execute and deliver to such person any forms, notices, documents or
instruments necessary to assure timely payment of any health insurance
claims for such child.
S 13. This act shall take effect on the one hundred eightieth day
after it shall have become a law.