NY State Senate Bill 2015-S6859

Senate Bill S6859

Signed By Governor

2015-2016 Legislative Session

Relates to contact by siblings in child protective, permanency and termination of parental rights proceedings

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Archive: Last Bill Status Via A9759 - 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 18, 2016	signed chap.242
Aug 08, 2016	delivered to governor
Jun 16, 2016	returned to assembly passed senate 3rd reading cal.342 substituted for s6859
Jun 16, 2016	substituted by a9759
Mar 14, 2016	advanced to third reading
Mar 09, 2016	2nd report cal.
Mar 08, 2016	1st report cal.342
Mar 01, 2016	referred to children and families

Votes

- Jun 16, 2016 - Floor Vote
  A9759
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Mar 8, 2016 - Children And Families Committee Vote
  S6859
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 8, 2016
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
      
      Young

2015-S6859 (ACTIVE) - Details

See Assembly Version of this Bill:: A9759
Law Section:: Family Court Act
Laws Affected:: Amd §§1027-a, 1055, 1081 & 1089, Fam Ct Act; amd §384-b, Soc Serv L

2015-S6859 (ACTIVE) - Summary

Relates to contact by siblings in child protective, permanency and termination of parental rights proceedings.

2015-S6859 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6859

 TITLE OF BILL :

An act to amend the family court act and the social services law, in
relation to contact by siblings in child protective, permanency and
termination of parental rights proceedings

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court and Rules Advisory Committee.

An increasing recognition of the critical importance of maintaining
and fostering sibling relationships has been reflected in both Federal
and New York State child welfare laws. Sections 1055(c) and
1089(d)(2)(viii)(F) of the Family Court Act provide that placement and
permanency hearing orders, respectively, "may include encouraging and
facilitating visitation with the child by the child's siblings."
Section 1027-a of the Family Court Act establishes a presumption that
placement of siblings together is in the children's best interests
unless "contrary to the child's health, safety or welfare."
Regulations of the State Office of Children and Family Services (OCFS)
reiterate this presumption (18 N.Y.C.R.R. § 431.10) and a 1992
Administrative Memo issued by OCFS further provides that where
siblings are placed in separate homes, bi-weekly visitation should be
arranged. In 2008, the Federal Fostering Connections to Success and

Increasing Adoptions Act (Public Law 110-351) requires child welfare
agencies to exercise "reasonable efforts" to place siblings together
when arranging temporary foster care, kinship guardianship or adoptive
placements - and, if not, to arrange for frequent sibling visitation,
unless contrary to the health, safety or well-being of the child or
children. Most recently, the Preventing Sex Trafficking and
Strengthening Families Act (Public Law 113-183), enacted in 2014,
requires notification to parents of siblings of children removed into
foster care, as well as notification to foster youth of their rights.
To implement these provisions, in 2015, OCFS issued an Administrative
Memo regarding sibling parent notification and included the following
in its Bill of Rights for Children and Youth in Foster Care:

As a child or youth in foster care in the State of New York, I have
the right:

*                             *                                  *

4. To live with my brothers and sisters unless the court or my agency
has determined it is not in my best interests or those of my brothers
or sisters, and to visit with my brothers and sisters regularly if we
do not live together unless a court or a caseworker has determined it
is not in my best interests or those of one of my brothers or sisters,
or their distance from me prevents visitation.  Notwithstanding these
provisions, New York State law does not clearly delineate the standing
of youth to seek visitation or contact with their siblings when either
the youth or siblings are in foster care, kinship care or have been
adopted. Accordingly, we propose this measure to clarify the criteria
and procedures for such youth to seek visitation and/or contact with
their siblings. Codifying the OCFS regulation, supra, Family Court Act
§ 1027-a would be amended to impose a presumption that where siblings
are not placed together, the agency must arrange "appropriate and
regular" contact unless contact would not be in the child's or the
child's siblings' best interests.  Use of the term "contact," rather
than the narrower term "visitation," acknowledges both the practical
constraints presented where long distances separate siblings and the
increasingly available and accessible possibilities for electronic
contact in between in-person visits. Significantly, application of the
best interests standard to the siblings to be visited or with whom
contact is sought is consistent with the decision of the Appellate
Division, First Department, in Keenan R. v. Julie L., 72 A.D.3d 542
(1St Dept. 2010) (visitation denied where causing anxiety to the
siblings, who had no meaningful relationship with applicant).

Further, the proposal amends both Family Court Act §§ 1027-a and 1081
to afford specific standing to youth to seek an order for visitation
or contact with siblings and, concomitantly, for siblings to seek
orders for visitation or contact with youth in care.{1} Similar to the
definition in Public Law 113-183 and the OCFS Administrative Memo,
siblings are defined to include "half-siblings and those who would be
deemed siblings or half-siblings but for the termination of parental
rights or death of a parent." Notice and an opportunity to be heard
must be afforded to the respondent and other parent or parents of the
youth, the parents or persons having care and custody of the children
with whom the youth is seeking visitation or contact, the social
services agency, the siblings themselves, if ten years of age or
older, and the siblings' attorneys, if any. Affording due process to
both the parents of the applicant-child and the parents of the
siblings is consistent with the United States Supreme Court decision
in Troxel v.  Granville, 530 U.S. 57 (2000), which requires that
weight be given to the constitutional rights of parents regarding the
upbringing of their children. See also, Matter of Coccose v. Diane B.,
8 Misc.3d 1020(A) (Fam. Ct., Ulster Co., 2005)(in determining sibling
access application, court must evaluate the bases of the parents'
objections, in addition to the sibling relationship itself).

The measure provides that placement and permanency hearing orders,
issued pursuant to Family Court Act §§ 1055( c) and
1089(d)(2)(viii)(F), respectively, may incorporate §§ 1027-a or 1081
access orders. Moreover, it amends Social Services Law § 384-b to
codify the case law that provides that termination of parental rights
(and by extension, adoption) does not terminate sibling relationships.
This removes any doubt that children may seek contact with siblings
under the procedural vehicle of Domestic Relations Law § 71,
notwithstanding severance of the children's ties to their parents.
This provision is consistent with the Court of Appeals holding in
People ex rel Sibley v. Sheppard, 54 N.Y.2d 320 (1981), that
grandparent relationships are not severed by adoption, a holding
extended to sibling relationships in Hatch on behalf of Angela I v.
Cortland County Dept. of Social Services, 199 A.D.2d 765 (3rd Dept.
1993).

It has been estimated that two-thirds of children in foster care also
have siblings in care,{2} many of whom are separated for a variety of
reasons, including, inter alia, a large sibling group, or mental
health, educational or other special needs of one of the siblings, or
the fact that one of the siblings is over the age of 18.

Approximately 60 to 73 percent of children adopted from foster care
have siblings in care and approximately 40 percent are placed
together, with visitation among those separated not provided
consistently. {3}

For youth already suffering the trauma of child abuse or neglect and
separation from their homes, maintenance of their relationships with
their siblings may be a vital lifeline, a protective shield against
further trauma, an aid in coping with loss and grief, and essential to
development of normal attachments and self-esteem - significantly,
often "the most stable and consistent relationship available." See R.
Mandelbaum, Delicate

Balances: Assessing the Needs and Rights of Siblings in Foster Care to
Maintain their Relationships Post-Adoption," 41 N.Mex.Law Rev. 1,
29-34 (Spring, 2011); D.Post. S.McCarthy, R.Sherman and S.Bayimli,
"Are You Still My Family?: Post-adoption Sibling Visitation," 43
Cap.U.Law Rev. 307, 319-326 (2015). The "Beyond Permanency" Symposium,
sponsored by the Children's Law Center at New York Law School on
October 23, 2015, as well as the article by Dawn Post, supra, were
replete with first-hand accounts of youth who struggled to maintain
relationships with siblings, often mentor-type relationships that
facilitate the successful adjustment of the siblings. Enactment of
this measure, therefore, will not only bring clarity to New York State
law but will also provide substantial developmental benefits for the
numerous sibling groups in the State's child welfare system.

This measure, which would have no fiscal impact on the State, would
take effect 90 days after it shall have become a law and shall apply
to petitions filed on or after such date.

 LEGISLATIVE HISTORY :

None. New proposal.


{1} This provision fills the gap noted by Professor Merril Sobie, in
his McKinney's Practice Commentary to Family Court Act § 1085, that
is, that "(u)nmentioned in the statutory visitation series (Family
Court Act § 1081, et seq.) is the fact that the child and her siblings
also enjoy reciprocal visitation rights (see, e.g., § 1055(c))."


{2} Sibling Issues in Foster care and Adoption" (Child Welfare
Information Gateway, www.childwelfare.gov/pubPDFs/siblinaissues.pdf)
(cited in D.Post, S.McCarthy, R.Sherman and S.Bayimli, "Are You Still
My Family?: Post-adoption Sibling Visitation," 43 Cap.U.Law Rev. 307,
336 (2015)).

{3} R. Mandelbaum, Delicate Balances: Assessing the Needs and Rights
of Siblings in Foster Care to Maintain their Relationships
Post-Adoption," 41 N.Mex.Law Rev. 1, 6 (Spring, 2011).

2015-S6859 (ACTIVE) - Bill Text download pdf

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

                                  6859

                            I N  S E N A T E

                              March 1, 2016
                               ___________

Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
  tration)  --  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 and the  social  services  law,  in
  relation  to  contact  by siblings in child protective, permanency and
  termination of parental rights proceedings

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

  Section 1. Section 1027-a of the family court act, as added by chapter
854 of the laws of 1990, is amended to read as follows:
  S  1027-a.  Placement  of siblings; CONTACT WITH SIBLINGS.  (A) When a
social services official removes a child pursuant  to  this  part,  such
official  shall place such child with his or her minor siblings or half-
siblings who have been or are being remanded to or placed  in  the  care
and  custody  of such official unless, in the judgment of such official,
such placement is contrary to the best interests of the children. Place-
ment with siblings  or  half-siblings  shall  be  presumptively  in  the
child's  best  interests  unless such placement would be contrary to the
child's health, safety, or welfare. If such placement is not immediately
available at the time of the removal of the child, such  official  shall
provide  or  arrange  for  the provision of such placement within thirty
days.
  (B) IF PLACEMENT OF A CHILD REMOVED PURSUANT  TO  THIS  PART  TOGETHER
WITH  HIS  OR  HER  MINOR  SIBLINGS  IS NOT IN THE BEST INTERESTS OF THE
CHILD, THE SOCIAL SERVICES OFFICIAL SHALL ARRANGE APPROPRIATE AND  REGU-
LAR  CONTACT  BY  THE  CHILD WITH HIS OR HER MINOR SIBLINGS AND HALF-SI-
BLINGS UNLESS SUCH CONTACT WOULD NOT BE IN THE CHILD'S AND THE SIBLINGS'
BEST INTERESTS.
  (C) IF A CHILD REMOVED PURSUANT TO THIS PART IS NOT PLACED TOGETHER OR
AFFORDED REGULAR CONTACT WITH HIS OR HER SIBLINGS,  THE  CHILD,  THROUGH
HIS  OR  HER ATTORNEY OR THROUGH A PARENT ON HIS OR HER BEHALF, MAY MOVE
FOR AN ORDER REGARDING PLACEMENT OR CONTACT. THE MOTION SHALL BE  SERVED
UPON:  (I) THE RESPONDENT IN THE PROCEEDING UNDER THIS ARTICLE; (II) THE
LOCAL SOCIAL SERVICES OFFICIAL HAVING THE CARE OF THE CHILD; (III) OTHER

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

                                                           LBD14209-01-6

S. 6859                             2

PERSONS HAVING CARE, CUSTODY AND CONTROL OF THE CHILD, IF ANY; (IV)  THE
PARENTS  OR  OTHER  PERSONS  HAVING  CARE,  CUSTODY  AND  CONTROL OF THE
SIBLINGS TO BE VISITED OR WITH WHOM CONTACT IS SOUGHT; (V) ANY  NON-RES-
PONDENT  PARENT  IN THE PROCEEDING UNDER THIS ARTICLE; (VI) SUCH SIBLING
HIMSELF OR HERSELF IF  TEN  YEARS  OF  AGE  OR  OLDER;  AND  (VII)  SUCH
SIBLING'S  ATTORNEY,  IF  ANY.  FOR PURPOSES OF THIS SECTION, "SIBLINGS"
SHALL INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD BE  DEEMED  SIBLINGS  OR
HALF-SIBLINGS  BUT  FOR THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A
PARENT. THE COURT MAY ORDER THAT THE CHILD BE PLACED  TOGETHER  WITH  OR
HAVE REGULAR CONTACT WITH HIS OR HER SIBLINGS IF THE COURT DETERMINES IT
TO BE IN THE BEST INTERESTS OF THE CHILD AND HIS OR HER SIBLINGS.
  S  2.  Subdivision  (c)  of  section  1055 of the family court act, as
amended by chapter 437 of the laws  of  2006,  is  amended  to  read  as
follows:
  (c)  In  addition to or in lieu of an order of placement made pursuant
to subdivision (b) of this section, the court may make an order  direct-
ing  a  child  protective agency, social services official or other duly
authorized  agency  to  undertake  diligent  efforts  to  encourage  and
strengthen the parental relationship when it finds such efforts will not
be  detrimental  to  the best interests of the child. Such efforts shall
include encouraging and facilitating visitation with the  child  by  the
parent  or  other  person legally responsible for the child's care. Such
order may include a specific plan of action for such agency or  official
including, but not limited to, requirements that such agency or official
assist  the  parent  or other person responsible for the child's care in
obtaining adequate housing,  employment,  counseling,  medical  care  or
psychiatric  treatment.  Such  order  shall also include encouraging and
facilitating visitation with the child by the non-custodial  parent  and
grandparents  who  have  obtained  orders pursuant to part eight of this
article, and may include encouraging and  facilitating  visitation  with
the  child  by the child's siblings. THE ORDER MAY INCORPORATE AN ORDER,
IF ANY, ISSUED PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND TWEN-
TY-SEVEN-A OR ONE THOUSAND EIGHTY-ONE OF  THIS  ARTICLE,  PROVIDED  THAT
SUCH VISITATION OR CONTACT IS IN THE BEST INTERESTS OF THE CHILD AND HIS
OR  HER SIBLINGS. FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL INCLUDE
HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED  SIBLINGS  OR  HALF-SIBLINGS
BUT FOR THE TERMINATION OF PARENTAL RIGHTS OF DEATH OF A PARENT. Nothing
in  this subdivision shall be deemed to limit the authority of the court
to make an order pursuant to section two hundred fifty-five of this act.
  S 3. Section 1081 of the family court act, as added by chapter 457  of
the  laws of 1988 and subdivision 4 as amended by chapter 41 of the laws
of 2010, is amended to read as follows:
  S 1081. Visitation rights. 1. A non-custodial  parent  or  grandparent
shall  have the visitation rights with a child remanded or placed in the
care of a social services official pursuant to this article as conferred
by order of the family court or by any order or judgment of the  supreme
court,  or  by  written  agreement  between  the parents as described in
section two hundred thirty-six of the domestic relations law, subject to
the provisions of section one thousand eighty-two of this part.
  2. (A) A non-custodial parent or any grandparent or  grandparents  who
have  not  been  afforded the visitation rights described in subdivision
one of this section[,] shall have the right to petition  the  court  for
enforcement  of visitation rights with a child remanded or placed in the
care of a social services official pursuant to  this  article,  as  such
visitation rights have been conferred by order of the family court or by
any  order  or  judgment  of  the supreme court, or by written agreement

S. 6859                             3

between the parents as described in section two  hundred  thirty-six  of
the domestic relations law.
  (B)  A CHILD REMANDED OR PLACED IN THE CARE OF A SOCIAL SERVICES OFFI-
CIAL PURSUANT TO THIS ARTICLE SHALL HAVE THE RIGHT TO MOVE  FOR  VISITA-
TION  AND  CONTACT  WITH  HIS  OR  HER SIBLINGS. THE SIBLINGS OF A CHILD
REMANDED OR PLACED IN THE CARE OF A SOCIAL SERVICES OFFICIAL PURSUANT TO
THIS ARTICLE SHALL HAVE A RIGHT TO PETITION THE COURT FOR VISITATION AND
CONTACT WITH SUCH CHILD. FOR PURPOSES OF THIS SECTION, "SIBLINGS"  SHALL
INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SI-
BLINGS BUT FOR THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
  3.  (a)  The petition by a non-custodial parent shall allege that such
parent has visitation rights conferred by order of the family  court  or
by  any  order  or judgment of the supreme court or by written agreement
between the parents as described in section two  hundred  thirty-six  of
the domestic relations law, shall have a copy of such order, judgment or
agreement  attached  thereto,  shall  request enforcement of such rights
pursuant to this part, and shall state, when known  by  the  petitioner,
that visitation rights with the child by any grandparent or grandparents
have been conferred by order of the supreme court or family court pursu-
ant  to  section  seventy-two  or  two  hundred  forty  of  the domestic
relations law, and shall provide the name and address of such  grandpar-
ent or grandparents.
  (b) A petition by a grandparent or grandparents shall allege that such
grandparent or grandparents have been granted visitation rights with the
child pursuant to section seventy-two or two hundred forty of the domes-
tic  relations  law, or subdivision (b) of section six hundred fifty-one
of this act, shall have a copy of such order or judgment attached there-
to, and shall request enforcement of such rights pursuant to this part.
  (C) A MOTION BY A CHILD REMANDED OR PLACED IN THE  CARE  OF  A  SOCIAL
SERVICES OFFICIAL PURSUANT TO THIS ARTICLE OR A PETITION BY A SIBLING OF
SUCH CHILD SHALL ALLEGE THAT VISITATION AND CONTACT WOULD BE IN THE BEST
INTERESTS  OF  BOTH  THE  CHILD  WHO HAS BEEN REMANDED OR PLACED AND THE
CHILD'S SIBLING.
  4. [The] (A) A petition FILED UNDER PARAGRAPHS (A) OR (B) OF  SUBDIVI-
SION  THREE  OF  THIS  SECTION  shall be served upon the respondent in a
proceeding under this article, the local social services official having
the care of the child, any grandparent  or  grandparents  named  in  the
petition  as  having visitation rights conferred by court order pursuant
to section seventy-two or two hundred forty of  the  domestic  relations
law, and upon the child's attorney. The petition shall be served in such
manner as the court may direct.
  (B)  A  PETITION  OR  MOTION  FILED UNDER PARAGRAPH (C) OF SUBDIVISION
THREE OF THIS SECTION SHALL BE SERVED UPON: (I) THE  RESPONDENT  IN  THE
PROCEEDING  UNDER  THIS ARTICLE; (II) THE LOCAL SOCIAL SERVICES OFFICIAL
HAVING THE CARE OF THE CHILD; (III) OTHER PERSONS HAVING  CARE,  CUSTODY
AND  CONTROL  OF  THE  CHILD,  IF ANY; (IV) THE PARENTS OR OTHER PERSONS
HAVING CARE, CUSTODY AND CONTROL OF THE SIBLING TO BE  VISITED  OR  WITH
WHOM  CONTACT IS SOUGHT; (V) ANY NON-RESPONDENT PARENT IN THE PROCEEDING
UNDER THIS ARTICLE; (VI) SUCH SIBLING HIMSELF OR HERSELF IF TEN YEARS OF
AGE OR OLDER; AND (VII) SUCH SIBLING'S ATTORNEY, IF ANY.   THE  PETITION
OR MOTION SHALL BE SERVED IN SUCH MANNER AS THE COURT MAY DIRECT.
  5. (A) Upon receipt of [such] A petition FILED UNDER PARAGRAPHS (A) OR
(B)  OF  SUBDIVISION  THREE OF THIS SECTION, the court shall, subject to
the provisions of section one thousand eighty-two of this part,  require
that  any  order  of  a family court or order or judgment of the supreme
court, or any agreement between the parents as described in  subdivision

S. 6859                             4

one  of  this  section,  granting visitation rights to the non-custodial
parent, grandparent or grandparents, be incorporated in any  preliminary
order  or  order of placement made under this article to the extent that
such order, judgment or agreement confers visitation rights. In any case
where  a  dispositional  hearing  has  not been held or will not be held
within thirty days of the filing of such petition the court shall  order
the  person, official, agency or institution caring for the child pursu-
ant to this article to comply with such part of the order,  judgment  or
agreement granting visitation rights.
  (B)  UPON RECEIPT OF A PETITION OR MOTION FILED UNDER PARAGRAPH (C) OF
SUBDIVISION THREE OF THIS SECTION,  THE  COURT  SHALL  DETERMINE,  AFTER
GIVING  NOTICE  AND  AN  OPPORTUNITY TO BE HEARD TO PERSONS SERVED UNDER
SUBDIVISION FOUR OF THIS SECTION, WHETHER VISITATION AND  CONTACT  WOULD
BE  IN  THE  BEST  INTERESTS  OF  THE  CHILD AND HIS OR HER SIBLING. THE
COURT'S DETERMINATION MAY BE INCLUDED IN THE DISPOSITIONAL ORDER  ISSUED
PURSUANT TO SECTION ONE THOUSAND FIFTY-TWO OF THIS ARTICLE.
  (C)  Violation  of  [such] AN order ISSUED UNDER THIS SECTION shall be
punishable pursuant to section seven hundred fifty-three of the  judici-
ary law.
  S  4.  Clause (F) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as added by section  27  of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  (F)  The  court  may  make  an order directing a local social services
district or agency  to  undertake  diligent  efforts  to  encourage  and
strengthen the parental relationship when it finds such efforts will not
be  detrimental to the best interests of the child and there has been no
prior court finding that such efforts are  not  required.  Such  efforts
shall  include encouraging and facilitating visitation with the child by
the parent or other person legally responsible  for  the  child's  care.
Such  order  may  include a specific plan of action for the local social
services district or agency including, but not limited to,  requirements
that  such  agency assist the parent or other person legally responsible
for the child's care in obtaining adequate  housing,  employment,  coun-
seling,  medical  care  or  psychiatric treatment. Such order shall also
include encouraging and facilitating visitation with the  child  by  the
noncustodial  parent  and  grandparents who have the right to visitation
pursuant to section one thousand eighty-one of  this  act[,  and].  SUCH
ORDER  may ALSO include encouraging and facilitating visitation with the
child by the child's siblings AND MAY  INCORPORATE  AN  ORDER,  IF  ANY,
ISSUED  PURSUANT  TO SECTION ONE THOUSAND TWENTY-SEVEN-A OR ONE THOUSAND
EIGHTY-ONE OF THIS ACT. FOR PURPOSES OF THIS SECTION,  "SIBLINGS"  SHALL
INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SI-
BLINGS  BUT FOR THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
Nothing in this subdivision shall be deemed to limit  the  authority  of
the court to make an order pursuant to section two hundred fifty-five of
this act.
  S  5.  Subparagraph (v) of paragraph (l) of subdivision 3 and subdivi-
sion 9 of section 384-b of the social services law, subparagraph (v)  of
paragraph  (l)  of  subdivision 3 as added by chapter 113 of the laws of
2010 and subdivision 9 as amended by section 58 of part A of  chapter  3
of the laws of 2005, are amended to read as follows:
  (v)  For  the purposes of clause (D) of subparagraph (i) of this para-
graph, an assessment of whether a parent maintains a meaningful role  in
his  or  her  child's life shall be based on evidence, which may include
the following: a parent's expressions or acts  manifesting  concern  for
the  child, such as letters, telephone calls, visits, and other forms of

S. 6859                             5

communication with the child; efforts by the parent to  communicate  and
work  with the authorized agency, [law guardian] ATTORNEY FOR THE CHILD,
foster parent, the court, and the parent's attorney or other individuals
providing  services to the parent, including correctional, mental health
and substance abuse treatment  program  personnel  for  the  purpose  of
complying  with  the service plan and repairing, maintaining or building
the parent-child relationship; a positive response by the parent to  the
authorized  agency's  diligent  efforts  as  defined in paragraph (f) of
subdivision seven of this section; and whether the continued involvement
of the parent in the child's life is in the child's  best  interest.  In
assessing  whether  a  parent  maintains a meaningful role in his or her
child's life, the authorized agency shall gather input from  individuals
and  agencies  in  a  reasonable  position to help make this assessment,
including but not limited to,  the  authorized  agency,  [law  guardian]
ATTORNEY  FOR  THE CHILD, parent, child, foster parent or other individ-
uals of importance in the child's life, and parent's attorney  or  other
individuals  providing  services  to the parent, including correctional,
mental health and substance abuse treatment program personnel. The court
may make an order directing the authorized agency to  undertake  further
steps to aid in completing its assessment.
  9.  Nothing  in  this  section  shall  be construed to terminate, upon
commitment of the guardianship and custody of a child to  an  authorized
agency  or  foster  parent,  any  rights and benefits, including but not
limited to  rights  relating  to  CONTACT  WITH  SIBLINGS,  inheritance,
succession, social security, insurance and wrongful death action claims,
possessed  by  or available to the child pursuant to any other provision
of law.  FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL INCLUDE HALF-SI-
BLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SIBLINGS  BUT  FOR
THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT. Notwithstanding
any other provision of law, a child committed to the custody and guardi-
anship  of an authorized agency pursuant to this section shall be deemed
to continue in foster care until such time as  an  adoption  or  another
planned permanent living arrangement is finalized. Where the disposition
ordered  is  the commitment of guardianship and custody pursuant to this
section, an initial freed child permanency hearing shall be held  pursu-
ant to section one thousand eighty-nine of the family court act.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to petitions filed on  or  after  such
date.

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