S T A T E O F N E W Y O R K
________________________________________________________________________
4050
2015-2016 Regular Sessions
I N A S S E M B L Y
January 29, 2015
___________
Introduced by M. of A. TITUS -- read once and referred 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06712-01-5
A. 4050 2
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
CHILD IS RELEASED TO THE CUSTODY OF HIS OR HER PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR HIS OR HER CARE AT THE TIME OF THE FILING OF THE
PETITION WITH SUPERVISION, THE COURT SHALL SET A DATE CERTAIN FOR AN
EXPIRATION OF ORDER HEARING, TO BE PRESIDED OVER BY A JUDGE OF THE FAMI-
LY 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 3. Subdivision (a) of section 1054 of the family court act, as
amended by chapter 41 of the laws of 2010, is amended to read as
follows:
(a) If the order of disposition releases the child to the custody of
his or her parent or other person legally responsible for his or her
care at the time of the filing of the petition, the court may place the
person to whose custody the child is released under supervision of a
child protective agency or of a social services official or duly author-
ized agency, or may enter an order of protection under section one thou-
sand fifty-six OF THIS PART, or both. An order of supervision 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. 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, unless the court determines that the facts and
circumstances of the case do not require such report to be made. IN
CITIES WITH A POPULATION OF ONE MILLION OR MORE, AT THE CONCLUSION OF A
DISPOSITIONAL HEARING AT WHICH THE CHILD IS RELEASED TO THE CUSTODY OF
HIS OR HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER
CARE AT THE TIME OF THE FILING OF THE PETITION WITH SUPERVISION, 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, INCLUD-
ING 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 EXPIRA-
TION OF THE SUPERVISION ORDER, AND THE COURT SHALL SPECIFY THE HEARING
DATE IN THE DISPOSITIONAL ORDER.
S 4. Section 1058 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
S 1058. Expiration of orders. No later than sixty days prior to the
expiration of an order issued pursuant to paragraph (i), (ii), [(iv),]
or (v) of subdivision (a) of section one thousand fifty-two of this part
or [prior to] the conclusion of the period of an adjournment in contem-
A. 4050 3
plation of dismissal pursuant to section one thousand thirty-nine of
this article, where no application has been made seeking extension of
such orders or adjournments and, with respect to an adjournment in
contemplation of dismissal, no violations of the court's order are
before the court, OR FOURTEEN DAYS PRIOR TO AN EXPIRATION OF ORDER HEAR-
ING HELD PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND
THIRTY-NINE, SUBDIVISION (D) OF SECTION ONE THOUSAND FIFTY-THREE, OR
SUBDIVISION (A) OF SECTION ONE THOUSAND FIFTY-FOUR OF THIS PART WHERE
ONE HAS BEEN ORDERED, the child protective agency shall, whether or not
the child has been or will be returned to the family, SUBMIT AN EXPIRA-
TION OF ORDER report to the court[,] AND the parties, including any
non-respondent parent and the child's attorney on the status and circum-
stances of the child and family and any actions taken or contemplated by
such agency with respect to such child and family. WHERE AN EXPIRATION
OF ORDER HEARING HAS BEEN SCHEDULED, THE COURT SHALL REVIEW THE EXPIRA-
TION OF ORDER REPORT AT THE HEARING. AT THE HEARING, TO BE PRESIDED OVER
BY A JUDGE OF THE FAMILY COURT, THE CHILD PROTECTIVE AGENCY SHALL 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 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.
S 5. This act shall take effect immediately.