NY State Assembly Bill 2015-A4050A

Assembly Bill A4050A

2015-2016 Legislative Session

Requires the scheduling and holding of expiration of order hearing or conference in child protective proceedings in N.Y. city

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to children and families
Jun 02, 2015	print number 4050a
Jun 02, 2015	amend (t) and recommit to children and families
Jan 29, 2015	referred to children and families

Bill Amendments

Original

A (Active)

2015-A4050 - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§1039, 1053, 1054 & 1058, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10054
2017-2018: A5114
2019-2020: A6026

2015-A4050 - Summary

Requires the scheduling and holding of expiration of order hearing or conference in child protective proceedings in cities having a population of one million or more.

2015-A4050 - Bill Text download pdf

                            
                    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.

2015-A4050A (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§1039, 1053, 1054 & 1058, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10054
2017-2018: A5114
2019-2020: A6026

2015-A4050A (ACTIVE) - Summary

Requires the scheduling and holding of expiration of order hearing or conference in child protective proceedings in cities having a population of one million or more.

2015-A4050A (ACTIVE) - Bill Text download pdf

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

                                 4050--A

                       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  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the family court act, in relation to mandating the sche-
  duling  and  holding of expiration of order hearings or conferences 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 OR CONFERENCE, 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 OR CONFERENCE SHALL  BE  COMMENCED  NO  LATER  THAN
THIRTY  DAYS  BEFORE  THE  EXPIRATION  OF THE SUPERVISION ORDER, AND THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06712-02-5

A. 4050--A                          2

COURT SHALL SPECIFY THE HEARING OR CONFERENCE DATE IN THE  DISPOSITIONAL
ORDER.
  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 OR CONFERENCE, 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 OR CONFERENCE SHALL BE  COMMENCED  NO  LATER  THAN  THIRTY  DAYS
BEFORE  THE  EXPIRATION  OF  THE  SUPERVISION ORDER, AND THE COURT SHALL
SPECIFY THE HEARING OR CONFERENCE 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 OR
CONFERENCE, 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 OR CONFERENCE SHALL BE
COMMENCED NO LATER THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE  SUPER-
VISION ORDER, AND THE COURT SHALL SPECIFY THE HEARING OR CONFERENCE 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),]

A. 4050--A                          3

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-
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 OR CONFERENCE HELD PURSUANT TO SUBDIVISION (C) OF SECTION ONE  THOU-
SAND  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 OR CONFERENCE  HAS  BEEN  SCHEDULED,  THE  COURT  SHALL
REVIEW  THE  EXPIRATION OF ORDER REPORT AT THE HEARING OR CONFERENCE. AT
THE HEARING OR CONFERENCE, 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 FAMI-
LY AND ANY ACTIONS TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH RESPECT  TO
SUCH  CHILD  AND FAMILY. THE HEARING OR CONFERENCE SHALL BE COMMENCED NO
LATER THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE SUPERVISION ORDER.
  S 5. This act shall take effect immediately.

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