Assembly Bill A3347

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

                                  3347

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES, CLARK -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the  family  court  act,  in  relation  to  establishing
  kinship guardianship

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

  Section 1. The family court act is amended by  adding  a  new  section
1059 to read as follows:
  S  1059.  KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS.  WHEN  USED IN THIS
SECTION:
  A. "KINSHIP FOSTER CHILD" SHALL MEAN A  CHILD  PLACED  WITH  A  SOCIAL
SERVICES  OFFICIAL  PURSUANT  TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS
PART WHO IS PLACED EITHER (I) AS A  KINSHIP  FOSTER  CHILD  PURSUANT  TO
REGULATIONS  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A
FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL  OR
OTHER  AUTHORIZED  AGENCY  IN  THE  HOME  OF A RELATIVE WITHIN THE THIRD
DEGREE;
  B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS  APPROVED
OR  CERTIFIED  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED  WITHIN
THE THIRD DEGREE.
  2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
SECTION  ONE THOUSAND FIFTY-FIVE OF THIS PART TO HAVE THE KINSHIP FOSTER
PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION  SHALL
ALLEGE  THAT  THE  CHILD  WAS PLACED, THAT MORE THAN FIFTEEN MONTHS HAVE
PASSED SINCE THE DATE OF THE ORDER PLACING THE CHILD, THAT  THE  PARENTS
OF  THE  CHILD  ARE  PRESENTLY  AND FOR THE FORESEEABLE FUTURE UNABLE TO
PROVIDE PROPER AND ADEQUATE CARE  FOR  THE  CHILD,  NOTWITHSTANDING  THE
AUTHORIZED  AGENCY'S  DILIGENT  EFFORTS  TO ENCOURAGE AND STRENGTHEN THE
PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01357-01-5
              

A. 3347                             2

THE APPOINTMENT AND THAT THE CHILD HAS RESIDED WITH THEM FOR  MORE  THAN
EIGHTEEN MONTHS, AND THAT IT WOULD BE IN THE BEST INTERESTS OF THE CHILD
FOR THE PETITION TO BE GRANTED.
  3. NOTICE.  NOTICE OF THE PETITION AND A COPY OF THE PETITION SHALL BE
SERVED  UPON THE SOCIAL SERVICES OFFICIAL WITH WHOM THE CHILD IS PLACED,
THE PARENTS OF THE CHILD, THE KINSHIP FOSTER PARENTS OF THE  CHILD,  AND
THE  LAW  GUARDIAN  OF  THE  CHILD, EACH OF WHOM SHALL BE PARTIES TO THE
PROCEEDING.
  4. HEARING AND DETERMINATION. IF THE COURT FINDS THAT THE ELEMENTS  OF
THE  PETITION  HAVE BEEN PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE,
OR UPON THE CONSENT OF ALL PARTIES, THE COURT SHALL GRANT THE PETITION.
  5. ORDERS. AN ORDER APPOINTING A PERSON AS A  KINSHIP  GUARDIAN  SHALL
AWARD  CUSTODY OF THE CHILD TO THE KINSHIP GUARDIAN.  A KINSHIP GUARDIAN
SHALL HAVE THE SAME AUTHORITY AS A PARENT TO  CONSENT  ON  BEHALF  OF  A
CHILD,  EXCEPT THAT A KINSHIP GUARDIAN SHALL NOT CONSENT TO THE ADOPTION
OR SURRENDER OF A CHILD.
  6. MAINTENANCE SUBSIDY.  THE SOCIAL SERVICES OFFICIAL  WITH  WHOM  THE
CHILD  WAS PLACED SHALL MAKE MONTHLY PAYMENTS TO THE KINSHIP GUARDIAN AS
IF THE CHILD HAD BEEN PLACED UNDER SECTIONS FOUR HUNDRED FIFTY-THREE AND
FOUR HUNDRED FIFTY-FOUR OF THE SOCIAL SERVICES LAW, AND SUBJECT  TO  THE
PROCEDURES, LIMITATIONS, AND MINIMUM PAYMENTS OF SUCH SECTIONS.
  7. RIGHTS OF THE PARENTS.  THE APPOINTMENT OF A KINSHIP GUARDIAN SHALL
NOT AFFECT OR IMPAIR THE VISITATION RIGHTS OF A PARENT.
  8.  VACATING  ORDERS.    A  PARENT MAY APPLY FOR AN ORDER VACATING THE
APPOINTMENT OF THE  KINSHIP  GUARDIAN.    THE  COURT  SHALL  VACATE  THE
APPOINTMENT  AND AWARD CUSTODY OF THE CHILD TO THE PARENT UPON A SHOWING
THAT THE PARENT IS ABLE TO PROVIDE PROPER  AND  ADEQUATE  CARE  FOR  THE
CHILD AND ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
  A. THE KINSHIP GUARDIAN IS UNFIT;
  B. THE KINSHIP GUARDIAN HAS NEGLECTED HIS OR HER DUTIES;
  C.  THE  KINSHIP  GUARDIAN  IS  UNWILLING  OR  UNABLE  TO CONTINUE THE
APPOINTMENT; OR
  D. THE RELATIONSHIP BETWEEN THE KINSHIP GUARDIAN AND THE CHILD  IS  NO
LONGER IN THE BEST INTEREST OF THE CHILD.
  S 2. This act shall take effect April 1, 2016.