S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7574--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced by M. of A. WRIGHT, CRESPO, SEAWRIGHT, VANEL, HARRIS, COLTON,
   ORTIZ,  HUNTER,  WILLIAMS,  DE LA ROSA,  BLAKE,  L. ROSENTHAL,  JENNE,
   PEOPLES-STOKES, DICKENS, DAVILA -- Multi-Sponsored  by  --  M.  of  A.
   BRAUNSTEIN, NOLAN, SIMON -- read once and referred to the Committee on
   Judiciary  --  recommitted to the Committee on Judiciary in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to the standing of certain relatives in custody and guardian-
   ship proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2 of section 72 of the domestic relations law,
 as  added  by  chapter  657  of  the laws of 2003, is amended to read as
 follows:
   2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
 residing  within  this  state, OR RELATIVE WHO IS RELATED TO A PARENT OF
 SUCH CHILD WITHIN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY, RESID-
 ING IN THIS STATE, can demonstrate to the satisfaction of the court  the
 existence  of extraordinary circumstances, such grandparent [or], grand-
 parents OR RELATIVE of such child may apply  to  the  supreme  court  by
 commencing  a  special proceeding or for a writ of habeas corpus to have
 such child brought before such court,  or  may  apply  to  family  court
 pursuant  to subdivision (b) of section six hundred fifty-one OR SECTION
 SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there-
 of,  the  court,  by  order, after due notice to the parent or any other
 person or party having the care, custody, and control of such child,  to
 be  given  in  such  manner  as the court shall prescribe, may make such
 directions as the best interests of the child may require,  for  custody
 rights for such grandparent [or], grandparents OR RELATIVE in respect to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01138-03-7
              

 A. 7574--A                          2
 
 such  child.  An extended disruption of custody, as such term is defined
 in this section, shall constitute an extraordinary circumstance.
   (b)  For the purposes of this section "extended disruption of custody"
 shall include, but not be limited to,  a  prolonged  separation  of  the
 respondent  parent  and  the  child  for at least twenty-four continuous
 months, during which TIME the parent voluntarily relinquished  care  and
 control of the child and the child resided in the household of the peti-
 tioner  grandparent  [or],  grandparents OR RELATIVE, provided, however,
 that the court may find that extraordinary  circumstances  exist  should
 the  prolonged  separation  have lasted for less than twenty-four months
 AND PROVIDED FURTHER THAT WHERE A PARENT OF THE CHILD PROVES BY  PREPON-
 DERANCE OF THE EVIDENCE THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMIT-
 TED AGAINST SUCH PARENT CONTRIBUTED TO HIS OR HER RELINQUISHMENT OF CARE
 AND  CONTROL OF THE CHILD, THE COURT SHALL FIND NO EXTRAORDINARY CIRCUM-
 STANCES EXIST.
   (c) Nothing in this section shall limit  the  ability  of  parties  to
 enter  into  consensual  custody  agreements  absent  the  existence  of
 extraordinary circumstances.
   § 2. Subdivisions (b) and (d) of section 651 of the family court  act,
 subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
 vision  (d) as amended by chapter 41 of the laws of 2010, are amended to
 read as follows:
   (b) When initiated in the family court, the family court has jurisdic-
 tion to determine, in accordance with subdivision  one  of  section  two
 hundred  forty  of  the  domestic relations law and with the same powers
 possessed by the supreme court in addition to  its  own  powers,  habeas
 corpus proceedings and proceedings brought by petition and order to show
 cause,  for  the  determination  of the custody or visitation of minors,
 including applications by a grandparent or grandparents  for  visitation
 or  custody  rights pursuant to section seventy-two or two hundred forty
 of the domestic relations law , AND APPLICATIONS BY A  RELATIVE  WHO  IS
 RELATED  TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR
 AFFINITY FOR CUSTODY RIGHTS  PURSUANT  TO  SECTION  SEVENTY-TWO  OF  THE
 DOMESTIC RELATIONS LAW.
   (d)  With respect to applications by a grandparent or grandparents for
 visitation or custody rights, made pursuant to  section  seventy-two  or
 two hundred forty of the domestic relations law, OR BY A RELATIVE WHO IS
 RELATED  TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR
 AFFINITY FOR CUSTODY RIGHTS  PURSUANT  TO  SECTION  SEVENTY-TWO  OF  THE
 DOMESTIC RELATIONS LAW, with a child remanded or placed in the care of a
 person,  official,  agency  or institution pursuant to the provisions of
 article ten of this act, the applicant, in  such  manner  as  the  court
 shall  prescribe,  shall serve a copy of the application upon the social
 services official having care and custody of such child, and the child's
 attorney, who shall be afforded an opportunity to be heard thereon.
   § 3. This act shall take effect immediately.