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Assembly Bill A8020

2017-2018 Legislative Session

Relates to orders committing guardianship and custody of a child

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Archive: Last Bill Status - On Floor Calendar

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2017-A8020 (ACTIVE) - Details

See Senate Version of this Bill:
S5790
Law Section:
Family Court Act
Laws Affected:
Amd §634, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:
A2199, S4203

2017-A8020 (ACTIVE) - Summary

Relates to orders committing guardianship and custody of a child.

2017-A8020 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8020
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced  by  M. of A. JOYNER, DAVILA -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the family court act and the  social  services  law,  in
   relation to orders committing guardianship and custody of a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 634 of the family court act, as amended by  chapter
 666 of the laws of 1976, is amended to read as follows:
   §  634.  Commitment  of  guardianship and custody; further orders. The
 court may enter an order under section six hundred thirty-one committing
 the guardianship and custody of the child  to  the  petitioner  on  such
 conditions, if any, as it deems proper, INCLUDING BUT NOT LIMITED TO, AN
 ORDER  OF POST-TERMINATION VISITATION AND/OR CONTACT PURSUANT TO SECTION
 THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW.
   § 2. Section 384-b of the social services law  is  amended  by  adding
 four new subdivisions 14, 15, 16 and 17 to read as follows:
   14.  UPON APPLICATION OF ANY PARTY TO A PROCEEDING UNDER THIS SECTION,
 AN ORDER COMMITTING THE GUARDIANSHIP AND CUSTODY OF A CHILD PURSUANT  TO
 THIS  SECTION  MAY  INCLUDE THE GRANTING OF VISITATION AND/OR CONTACT TO
 THE PARENT, CUSTODIAN, AND/OR SIBLING WHO IS A PARTY TO THE  PROCEEDING,
 PROVIDED  SUCH  VISITATION AND/OR CONTACT WITH THE CHILD IS FOUND BY THE
 COURT TO BE IN THE BEST INTEREST OF THE  CHILD.  THE  COURT  SHALL  HAVE
 DISCRETION,  DEPENDING  ON  THE BEST INTEREST OF THE CHILD, TO DETERMINE
 THE LEVEL OF SUPERVISION OF ANY VISITATION AND/OR CONTACT.
   15. PARENTS AND SUBJECT CHILDREN WHO ARE PARTIES  TO  THE  TERMINATION
 PROCEEDING  UNDER  ARTICLE SIX OF THE FAMILY COURT ACT AND THIS SECTION,
 AS WELL AS THE SUBJECT CHILD'S FOSTER PARENTS, SHALL HAVE NOTICE OF  AND
 STANDING TO PARTICIPATE IN THE BEST INTEREST POST-TERMINATION VISITATION
 AND/OR CONTACT HEARING.
   16.  ALL PARTIES TO A POST-TERMINATION VISITATION AND/OR CONTACT ORDER
 PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION, AS WELL AS ANY  PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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