Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 22, 2015 |
approval memo.27 signed chap.573 |
Dec 16, 2015 |
delivered to governor |
Jun 15, 2015 |
returned to assembly passed senate substituted for s5258a |
Jun 15, 2015 |
substituted by a7679 ordered to third reading cal.1558 committee discharged and committed to rules |
May 28, 2015 |
print number 5258a |
May 28, 2015 |
amend and recommit to children and families |
May 11, 2015 |
referred to children and families |
Senate Bill S5258A
Signed By Governor2015-2016 Legislative Session
Sponsored By
(D) 22nd Senate District
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
Actions
Votes
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 - Sponsor Memo
BILL NUMBER:S5258 TITLE OF BILL: An act to amend the family court act, in relation to permanency hearings for youth in foster care PURPOSE: The purpose of this bill is to amend provisions in Family Court Act Article 10-A to require actual notice of and establish a statutory right to attend a permanency hearing regarding the plan for a youth over the age of 10 in foster care. SUMMARY OF PROVISIONS: Section 1 amends Family Court Act § 1089(b)(1) to add a new paragraph (iii) to provide that if the youth is age ten or older, they shall be served the actual notice of permanency hearing. It establishes a statu- tory right for the youth to be present at the hearing, except upon a waiver of that right after consultation with 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 upon an appli- cation by the attorney for the child. Section 2 is the enacting clause. EXISTING LAW:
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) - Sponsor Memo
BILL NUMBER:S5258A TITLE OF BILL: An act to amend the family court act, in relation to permanency hearings for youth in foster care PURPOSE: The purpose of this bill is to amend provisions in Family Court Act Article 10-A to require actual notice of and establish a statutory right to attend a permanency hearing regarding the plan for a youth over the age of 10 in foster care. SUMMARY OF PROVISIONS: Section 1 amends Family Court Act § 1089(b)(1) to add a new paragraph (iii) to provide that if the youth is age ten or older, they shall be served the actual notice of permanency hearing. It establishes a statutory right for the youth to be present at the hearing, except upon a waiver of that right after consultation with 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 upon an application by the attorney for the child. Section 2 is the enacting clause. EXISTING LAW:
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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