S T A T E O F N E W Y O R K
________________________________________________________________________
5114
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
___________
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 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.
LBD02795-01-7
A. 5114 2
COURT SHALL SPECIFY THE HEARING OR CONFERENCE DATE IN THE DISPOSITIONAL
ORDER.
§ 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.
§ 3. Subdivision (a) of section 1054 of the family court act, as
amended by chapter 567 of the laws of 2015, is amended to read as
follows:
(a) An order of disposition may release the child for a designated
period of up to one year to a non-respondent parent or parents or a
person or persons who had been the child's legal custodian or guardian
at the time of the filing of the petition, and who is not or are not
respondents in the proceeding under this article. An order under this
section may be extended upon a hearing for a period of up to one year
for good cause. 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 A NON-RESPONDENT PARENT OR PARENTS OR A PERSON OR
PERSONS WHO HAD BEEN THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN 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 ATTOR-
NEY, 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.
§ 4. Section 1058 of the family court act, as amended by chapter 41 of
the laws of 2010, is amended to read as follows:
§ 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-
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-
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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.
§ 5. This act shall take effect immediately.