S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7553
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by M. of A. BUCHWALD, JAFFEE -- (at request of the Office of
   Court Administration) -- read once and referred 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 foster care,  surrender,  destitute
   child and permanency proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 of section 1081 of the fami-
 ly court act, as added by chapter 242 of the laws of 2016, is amended to
 read as follows:
   (b) A child remanded or placed in the care of a social services  offi-
 cial  pursuant  to  this  article  OR ARTICLE TEN-A OR TEN-C OF THIS ACT
 shall have the right to move for visitation 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 OR  ARTICLE  TEN-A  OR
 TEN-C  OF  THIS ACT shall have a right to petition the court for visita-
 tion and  contact  with  such  child.  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.
   §  2.  Paragraph  (c)  of  subdivision 3 of section 1081 of the family
 court act, as added by chapter 242 of the laws of 2016,  is  amended  to
 read as follows:
   (c)  A  motion  by  a child remanded or placed in the care of a social
 services official pursuant to this article OR ARTICLE TEN-A OR TEN-C  OF
 THIS  ACT  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10183-01-7

              

 A. 7553                             2
 
   §  3.  Paragraph  (b)  of  subdivision 4 of section 1081 of the family
 court act, as added by chapter 242 of the laws of 2016,  is  amended  to
 read as follows:
   (b)  A  petition or motion filed under paragraph [(c)] (B) of subdivi-
 sion [three] TWO of this section shall be served upon: (i) the  respond-
 ent  in  the  proceeding under this article OR ARTICLE TEN-A OR TEN-C OF
 THIS ACT; (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  OR
 ARTICLE TEN-A OR TEN-C OF THIS ACT; (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.
   § 4. Paragraphs (a) and (b) of subdivision 5 of section  1081  of  the
 family court act, paragraph (a) as amended and paragraph (b) as added by
 chapter 242 of the laws of 2016, are amended to read as follows:
   (a)  Upon  receipt  of a petition filed under paragraphs (a) or (b) of
 subdivision [three] TWO 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 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 OR ONE THOUSAND NINETY-FIVE
 of this [article] CHAPTER OR IN A PERMANENCY HEARING ORDER ISSUED PURSU-
 ANT TO SECTION ONE THOUSAND EIGHTY-NINE OF THIS CHAPTER.
   § 5. Clause (F) of subparagraph (viii) of paragraph 2  of  subdivision
 (d)  of  section 1089 of the family court act, as amended by chapter 242
 of the laws of 2016, is amended and a new clause (I) is added 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-

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 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. Such order may
 also include encouraging and facilitating REGULAR visitation AND  COMMU-
 NICATION  with  the child by the child's siblings and may incorporate an
 order, if any, issued pursuant to THIS SECTION OR section  one  thousand
 twenty-seven-a  or  one  thousand eighty-one of this act, OR PURSUANT TO
 SECTION THREE HUNDRED  FIFTY-EIGHT-A  OF  THE  SOCIAL  SERVICES  LAW  OR
 SECTION SEVENTY-ONE OF THE DOMESTIC RELATIONS LAW.  For purposes of this
 section,  "siblings"  shall include half-siblings and those who would be
 deemed siblings or half-siblings but for the SURRENDER,  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.
   (I) IF THE COURT DETERMINES THAT THE SUBJECT CHILD HAS NOT BEEN PLACED
 WITH HIS OR HER MINOR SIBLINGS OR HALF-SIBLINGS WHO ARE IN CARE, OR THAT
 REGULAR  VISITATION AND OTHER FORMS OF REGULAR COMMUNICATION BETWEEN THE
 SUBJECT CHILD AND HIS OR HER MINOR SIBLINGS  OR  HALF-SIBLINGS  HAS  NOT
 BEEN  PROVIDED  OR  ARRANGED  FOR, THE COURT MAY DIRECT SUCH OFFICIAL TO
 PROVIDE OR ARRANGE FOR SUCH PLACEMENT OR REGULAR VISITATION AND COMMUNI-
 CATION WHERE THE COURT FINDS  THAT  SUCH  PLACEMENT  OR  VISITATION  AND
 COMMUNICATION  IS  IN  THE  CHILD'S AND HIS OR HER SIBLINGS' OR HALF-SI-
 BLINGS' BEST INTERESTS. PLACEMENT OR  REGULAR  VISITATION  AND  COMMUNI-
 CATION  WITH  SIBLINGS  OR  HALF-SIBLINGS  SHALL BE PRESUMPTIVELY IN THE
 CHILD'S AND HIS OR HER SIBLINGS' OR HALF-SIBLINGS' BEST INTERESTS UNLESS
 SUCH PLACEMENT OR VISITATION AND COMMUNICATION WOULD BE CONTRARY TO  THE
 CHILD'S  OR  HIS  OR  HER  SIBLINGS' OR HALF-SIBLINGS' HEALTH, SAFETY OR
 WELFARE, OR THE LACK OF GEOGRAPHIC PROXIMITY PRECLUDES OR PREVENTS VISI-
 TATION. IF A CHILD PLACED IN FOSTER CARE PURSUANT TO THIS SECTION IS NOT
 PLACED TOGETHER OR  AFFORDED  REGULAR  COMMUNICATION  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 COMMUNI-
 CATION. THE MOTION SHALL BE SERVED UPON: THE PARENT OR  PARENTS  IN  THE
 PROCEEDING UNDER THIS SECTION; THE LOCAL SOCIAL SERVICES OFFICIAL HAVING
 THE CARE OF THE CHILD; OTHER PERSONS HAVING CARE, CUSTODY AND CONTROL OF
 THE CHILD, IF ANY; THE PARENTS OR OTHER PERSONS HAVING CARE, CUSTODY AND
 CONTROL  OF  THE  SIBLINGS TO BE VISITED OR WITH WHOM CONTACT IS SOUGHT;
 SUCH SIBLING HIMSELF OR HERSELF IF TEN YEARS OF AGE OR OLDER;  AND  SUCH
 SIBLINGS'  ATTORNEY,  IF  ANY. UPON RECEIPT OF A MOTION FILED UNDER THIS
 PARAGRAPH THE COURT SHALL DETERMINE, AFTER GIVING NOTICE AND AN OPPORTU-
 NITY TO BE HEARD TO THE PERSONS SERVED, WHETHER VISITATION  AND  CONTACT
 WOULD BE IN THE BEST INTERESTS OF THE CHILD AND HIS OR HER SIBLINGS. THE
 COURT  MAY  ORDER THAT THE CHILD BE PLACED TOGETHER WITH OR HAVE REGULAR
 COMMUNICATION WITH HIS OR HER SIBLINGS IF THE COURT DETERMINES IT TO  BE
 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 SURRENDER,  TERMI-
 NATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
   §  6.  Paragraph  3  of  subdivision (e) of section 1095 of the family
 court act, as amended by chapter 3 of the laws of 2012,  is  amended  to
 read as follows:
   (3) a direction that the child be placed together with or, at minimum,
 to  visit  and  have regular communication with, his or her siblings, if
 any, unless contrary to the best  interests  of  the  child  and/or  the
 siblings  AND  MAY INCORPORATE AN ORDER ISSUED PURSUANT TO PART EIGHT OF

 A. 7553                             4
 
 ARTICLE TEN OF THIS CHAPTER IN ACCORDANCE WITH SUBDIVISION (F)  OF  THIS
 SECTION;
   §  7.  Paragraph  (b) of subdivision 11 of section 358-a of the social
 services law, as added by chapter 854 of the laws of  1990,  is  amended
 and two new paragraphs (c) and (d) are added to read as follows:
   (b) If the court determines that the subject child has not been placed
 with his or her minor siblings or half-siblings who are in care, or that
 regular  visitation and other forms of regular communication between the
 subject child and his or her minor siblings  or  half-siblings  has  not
 been  provided  or  arranged  for, the court may direct such official to
 provide or arrange for such placement or regular visitation and communi-
 cation where the court finds  that  such  placement  or  visitation  and
 communication  is  in  the  child's AND HIS OR HER SIBLINGS' OR HALF-SI-
 BLINGS' best interests. Placement or  regular  visitation  and  communi-
 cation  with  siblings  or  half-siblings  shall be presumptively in the
 child's AND HIS OR HER SIBLINGS' OR HALF-SIBLINGS' best interests unless
 such placement or visitation and communication would be contrary to  the
 child's  OR  HIS  OR  HER  SIBLINGS' OR HALF-SIBLINGS' health, safety or
 welfare, or the lack of geographic proximity precludes or prevents visi-
 tation.
   (C) IF A CHILD PLACED IN FOSTER CARE PURSUANT TO THIS SECTION  IS  NOT
 PLACED  TOGETHER  OR  AFFORDED  REGULAR  COMMUNICATION  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 COMMUNI-
 CATION.  THE  MOTION  SHALL BE SERVED UPON: (I) THE PARENT OR PARENTS IN
 THE PROCEEDING UNDER THIS SECTION; (II) THE LOCAL SOCIAL SERVICES  OFFI-
 CIAL  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 SIBLINGS TO BE VISITED
 OR WITH WHOM CONTACT IS SOUGHT; (V) SUCH SIBLING HIMSELF OR  HERSELF  IF
 TEN  YEARS  OF  AGE  OR OLDER; AND (VI) SUCH SIBLING'S ATTORNEY, IF ANY.
 UPON RECEIPT OF A MOTION FILED UNDER  THIS  PARAGRAPH  THE  COURT  SHALL
 DETERMINE,  AFTER  GIVING  NOTICE  AND AN OPPORTUNITY TO BE HEARD TO THE
 PERSONS SERVED, WHETHER VISITATION AND CONTACT  WOULD  BE  IN  THE  BEST
 INTERESTS OF THE CHILD AND HIS OR HER SIBLINGS. THE COURT MAY ORDER THAT
 THE CHILD BE PLACED TOGETHER WITH OR HAVE REGULAR COMMUNICATION WITH HIS
 OR  HER  SIBLINGS IF THE COURT DETERMINES IT TO BE IN THE BEST INTERESTS
 OF THE CHILD AND HIS OR HER SIBLINGS.
   (D) FOR PURPOSES OF THIS SECTION, "SIBLINGS"  SHALL  INCLUDE  HALF-SI-
 BLINGS  AND  THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SIBLINGS BUT FOR
 THE SURRENDER, TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
   § 8. Section 383-c of the social services law is amended by  adding  a
 new subdivision 11 to read as follows:
   11.  ACCEPTANCE  OF  SURRENDER.  ACCEPTANCE OF A JUDICIAL SURRENDER OR
 APPROVAL OF AN EXTRA-JUDICIAL SURRENDER PURSUANT TO THIS  SECTION  SHALL
 NOT  BE CONSTRUED TO TERMINATE ANY RIGHTS OF THE CHILD TO CONTACT 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 SURRENDER, TERMINATION OF PARENTAL  RIGHTS  OR  DEATH  OF  A
 PARENT.
   § 9. Section 384 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9. ACCEPTANCE OF A JUDICIAL SURRENDER OR APPROVAL OF AN EXTRA-JUDICIAL
 SURRENDER  PURSUANT  TO THIS SECTION SHALL NOT BE CONSTRUED TO TERMINATE
 ANY RIGHTS OF THE CHILD TO CONTACT HIS OR HER SIBLINGS.  FOR PURPOSES OF
 THIS SECTION, "SIBLINGS" SHALL INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD

 A. 7553                             5
 
 BE DEEMED SIBLINGS OR HALF SIBLINGS BUT FOR THE  SURRENDER,  TERMINATION
 OF PARENTAL RIGHTS OR DEATH OF A PARENT.
   §  10.  This act shall take effect on the ninetieth day after it shall
 have become a law.