Senate Bill S5258A

Signed By Governor
2015-2016 Legislative Session

Grants children over the age of 10 in foster care the right to attend the permanency hearing for such child

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Archive: Last Bill Status Via A7679 - Signed by Governor


  • 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

2015-S5258 - Details

See Assembly Version of this Bill:
A7679
Law Section:
Family Court Act
Laws Affected:
Amd §1089, Fam Ct Act

2015-S5258 - Summary

Grants children over the age of 10 in foster care the right to attend the permanency hearing for such child.

2015-S5258 - Sponsor Memo

2015-S5258 - Bill Text download pdf

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

                                  5258

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sen.  FELDER -- 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, in relation to permanency hearings
  for youth in foster care

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

  Section  1.  Subparagraphs  (i) and (ii) of paragraph 1 of subdivision
(b) of section 1089 of the family court act, subparagraph (i) as amended
by chapter 437 of the laws of 2006 and subparagraph (ii) as  amended  by
chapter 41 of the laws of 2010, are amended and a new subparagraph (iii)
is added to read as follows:
  (i)  the  child's  parent, including any non-respondent parent, unless
the parental rights of the parent have been  terminated  or  surrendered
and  any  other  person  legally responsible for the child's care at the
most recent address or addresses known  to  the  local  social  services
district  or  agency,  and  the  foster  parent  in whose home the child
currently resides, each of whom shall be  a  party  to  the  proceeding;
[and]
  (ii)  the  agency  supervising  the care of the child on behalf of the
social services district with whom the child  was  placed,  the  child's
attorney, and the attorney for the respondent parent[.]; AND
  (III)  IF  THE CHILD IS AGE TEN OR OLDER, THE NOTICE OF THE PERMANENCY
HEARING SHALL ALSO BE PROVIDED TO THE CHILD. THE CHILD HAS A RIGHT TO BE
PRESENT AT THE HEARING, EXCEPT UPON A WAIVER OF THAT RIGHT AFTER CONSUL-
TATION WITH THE ATTORNEY FOR THE  CHILD.  UPON  AN  APPLICATION  BY  THE
ATTORNEY  FOR  THE  CHILD, THE COURT SHALL GRANT AN ADJOURNMENT WHENEVER
NECESSARY TO PROTECT THE CHILD'S RIGHT TO  MEANINGFULLY  PARTICIPATE  IN
THE HEARING.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10945-03-5

              

2015-S5258A (ACTIVE) - Details

See Assembly Version of this Bill:
A7679
Law Section:
Family Court Act
Laws Affected:
Amd §1089, Fam Ct Act

2015-S5258A (ACTIVE) - Summary

Grants children over the age of 10 in foster care the right to attend the permanency hearing for such child.

2015-S5258A (ACTIVE) - Sponsor Memo

2015-S5258A (ACTIVE) - Bill Text download pdf

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

                                 5258--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed 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 permanency hearings
  for youth in foster care

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

  Section  1.  Subparagraphs  (i) and (ii) of paragraph 1 of subdivision
(b) of section 1089 of the family court act, subparagraph (i) as amended
by chapter 437 of the laws of 2006,  subparagraph  (ii)  as  amended  by
chapter 41 of the laws of 2010, are amended and a new subparagraph (iii)
is added to read as follows:
  (i)  the  child's  parent, including any non-respondent parent, unless
the parental rights of the parent have been  terminated  or  surrendered
and  any  other  person  legally responsible for the child's care at the
most recent address or addresses known  to  the  local  social  services
district  or  agency,  and  the  foster  parent  in whose home the child
currently resides, each of whom shall be  a  party  to  the  proceeding;
[and]
  (ii)  the  agency  supervising  the care of the child on behalf of the
social services district with whom the child  was  placed,  the  child's
attorney, and the attorney for the respondent parent[.]; AND
  (III)  IF  THE CHILD IS AGE TEN OR OLDER, THE NOTICE OF THE PERMANENCY
HEARING SHALL ALSO BE PROVIDED TO THE CHILD. THE CHILD HAS A RIGHT TO BE
PRESENT AT THE HEARING, EXCEPT UPON A WAIVER OF THAT RIGHT AFTER CONSUL-
TATION WITH THE ATTORNEY FOR THE  CHILD.  UPON  AN  APPLICATION  BY  THE
ATTORNEY  FOR  THE  CHILD, THE COURT SHALL GRANT AN ADJOURNMENT WHENEVER
NECESSARY TO PROTECT THE CHILD'S RIGHT TO  MEANINGFULLY  PARTICIPATE  IN
THE HEARING.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10945-04-5
              

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