NY State Senate Bill 2017-S1614A

Archive: Last Bill Status - In Senate Committee Rules Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 28, 2018	advanced to third reading
Feb 27, 2018	2nd report cal.
Feb 13, 2018	1st report cal.498
Jan 24, 2018	print number 1614a
Jan 24, 2018	amend and recommit to children and families
Jan 03, 2018	referred to children and families
Jun 21, 2017	committed to rules
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.707
Jan 10, 2017	referred to children and families

Votes

- Feb 13, 2018 - Children And Families Committee Vote
  S1614A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Feb 13, 2018
      
      aye (5)
      
      Avella
      
      Bonacic
      
      Helming
      
      Savino
      
      Serino
      
      aye wr (2)
      
      Montgomery
      
      Persaud
  May 2, 2017 - Children And Families Committee Vote
  S1614A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 2, 2017
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Helming
      
      Persaud
      
      Savino
      
      Serino
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

2017-S1614 - Details

See Assembly Version of this Bill:: A7574
Current Committee:: Senate Rules
Law Section:: Domestic Relations Law
Laws Affected:: Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2033
2011-2012: S1749, A10218
2013-2014: S2094, A7189
2015-2016: S2153, A380
2019-2020: S5648, A8316

2017-S1614 - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

2017-S1614 - Sponsor Memo

                                 BILL NUMBER:  S1614

 TITLE OF BILL :

An act to amend the domestic relations law and the family court act,
in relation to the standing of certain relatives in custody and
guardianship proceedings

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to afford close relatives of children the
opportunity to petition the court for custody or guardianship of a
minor child when extraordinary circumstances exist.

 SUMMARY OF PROVISIONS :

Section one of the bill amends Domestic Relations Law section 72(2)(a)
to provide certain relatives to a parent of a minor child with the
same right as the child's grandparents, which is to petition the court
for custody when an extraordinary circumstance exists. These relatives
must reside within the state and be within the second degree of
consanguinity or affinity to one of the minor child's parents.

Section one also amends Domestic Relations Law section 72(2)(b) to
provide that when a parent proves by a preponderance of the evidence
that acts of domestic violence committed against that parent

contributed to his or her relinquishment of care and control of the
minor child, the court shall find that no extraordinary circumstances
exist.

Section two of the bill amends Family Court Act section 651(b) and (d)
to include petitions for custody of a minor child pursuant to Domestic
Relations Law section 72 made by relatives of the minor child who are
within the second degree of consanguinity or affinity to one of the
minor child's parents within the Family Court's jurisdiction and when
a relative's petition is for the custody of a minor child who has been
placed in care pursuant to Family Court Act Article 10, to require
service of the petition upon the social services official having care
and custody of such child, and the child's attorney.

Section three of the bill provides that this act shall take effect
immediately.

 EXISTING LAW :

Domestic Relations Law section 72(b) currently allows the grandparents
of a minor child to seek custody or guardianship of the child when
extraordinary circumstances exist.

 JUSTIFICATION :

Too often in our current system, children are placed into foster care
even though there may be relatives whose homes are available for
placement. Currently, the Domestic Relations Law allows only the
grandparents of a child whose parents have failed to provide for his
or her care due to extraordinary circumstances to petition for custody
of the child. This bill will expand Domestic Relations Law section 72
to allow the close relatives of a child whose parents have failed to
provide care for his or her care due to extraordinary circumstances to
petition for custody.

Providing a child's relatives with the opportunity to petition for,
and be granted, custody of the child is in the best interest of the
child and the crowded foster system. Petitioning for custody of a
child is an act of affirmation undertaken by those who care about the
child's well-being. A child who resides in the home of a relative will
be afforded the opportunity to feel safe and loved. These children
have a void in their lives from their parents' absence and deserve the
chance to remain with and to experience life with relatives who want
to be part of their lives and care for them.

 PRIOR LEGISLATIVE HISTORY :

2016: S.2153 - Passed the Senate
2015:  S.2153 - Passed the Senate
2014: S.2094-B - Passed the Senate
2013:  S.2094-A - Passed the Senate
2012: S.1479-C - Passed the Senate
2011:  S.1479 - Referred to Aging
2010:  S.2033 - 3rd Reading
2009: S.2033 - Referred to Aging
2008: S.5968-A - Referred to Aging
2007: S.5968 - Referred to Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1614 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1614
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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 WITH-
 IN THE SECOND DEGREE OF CONSANGUINITY  OR  AFFINITY,  RESIDING  IN  THIS
 STATE  can demonstrate to the satisfaction of the court the existence of
 extraordinary circumstances,  such  grandparent  [or],  grandparents  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 thereof, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01138-01-7

 S. 1614                             2
 
 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 THAT WHERE  THE  PARENT  PROVES  BY  PREPONDERANCE  OF  THE
 EVIDENCE  THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE
 PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE  COURT
 SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES 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 , 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.
   (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.

co-Sponsors

2017-S1614A (ACTIVE) - Details

See Assembly Version of this Bill:: A7574
Current Committee:: Senate Rules
Law Section:: Domestic Relations Law
Laws Affected:: Amd §72, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2033
2011-2012: S1749, A10218
2013-2014: S2094, A7189
2015-2016: S2153, A380
2019-2020: S5648, A8316

2017-S1614A (ACTIVE) - Summary

Relates to standing of certain relatives in custody and guardianship proceedings.

2017-S1614A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1614A

SPONSOR: GOLDEN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to afford close relatives of children the
opportunity to petition the court for custody or guardianship of a minor
child when extraordinary circumstances exist.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Domestic Relations Law section 72(2)(a)
to provide certain relatives to a parent of a minor child with the same
right as the child's grandparents, which is to petition the court for
custody when an extraordinary circumstance exists. These relatives must

reside within the state and be within the second degree of consanguinity
or affinity to one of the minor child's parents.

Section one also amends Domestic Relations Law section 72(2)(b) to
provide that when a parent proves by a preponderance of the evidence
that acts of domestic violence committed against that parent contributed
to his or her relinquishment of care and control of the minor child, the
court shall find that no extraordinary circumstances exist.

Section two of the bill amends Family Court Act section 651(b) and (d)
to include petitions for custody of a minor child pursuant to Domestic
Relations Law section 72 made by relatives of the minor child who are
within the second degree of consanguinity or affinity to one of the
minor child's parents within the Family Court's jurisdiction and when a
relative's petition is for the custody of a minor child who has been
placed in care pursuant to Family Court Act Article 10, to require
service of the petition upon the social services official having care
and custody of such child, and the child's attorney.

Section three of the bill provides that this act shall take effect imme-
diately.

 
EXISTING LAW:

Domestic Relations Law section 72(b) currently allows the grandparents
of a minor child to seek custody or guardianship of the child when
extraordinary circumstances exist.

 
JUSTIFICATION:

Too often in our current system, children are placed into foster care
even though there may be relatives whose homes are available for place-
ment. Currently, the Domestic Relations Law allows only the grandparents
of a child whose parents have failed to provide for his or her care due
to extraordinary circumstances to petition for custody of the child.
This bill will expand Domestic Relations Law section 72 to allow the
close relatives of a child whose parents have failed to provide care for

his or her care due to extraordinary circumstances to petition for
custody.

Providing a child's relatives with the opportunity to petition for, and
be granted, custody of the child is in the best interest of the child
and the crowded foster system. Petitioning for custody of a child is an
act of affirmation undertaken by those who care about the child's well-
being. A child who resides in the home of a relative will be afforded
the opportunity to feel safe and loved. These children have a void in
their lives from their parents' absence and deserve the chance to remain
with and to experience life with relatives who want to be part of their
lives and care for them.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.1614 - 3rd Reading
2016: S.2153 - Passed the Senate
2015: S.2153 - Passed the Senate
2014: S.2094-B - Passed the Senate
2013: S.2094-A - Passed the Senate
2012: S.1479-C - Passed the Senate
2011: S.1479 - Referred to Aging
2010: S.2033 - 3rd Reading
2009: S.2033 - Referred to Aging
2008: S.5968-A - Referred to Aging
2007: S.5968 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S1614A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1614--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  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
 such  child.  An extended disruption of custody, as such term is defined
 in this section, shall constitute an extraordinary circumstance.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01138-02-7

 S. 1614--A                          2
 
   (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.

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Senate Bill S1614A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Feb 13, 2018 - Children And Families Committee Vote

Children And Families Committee Vote: Feb 13, 2018

May 2, 2017 - Children And Families Committee Vote

Children And Families Committee Vote: May 2, 2017

Bill Amendments

2017-S1614 - Details

2017-S1614 - Summary

2017-S1614 - Sponsor Memo

2017-S1614 - Bill Text download pdf

co-Sponsors

2017-S1614A (ACTIVE) - Details

2017-S1614A (ACTIVE) - Summary

2017-S1614A (ACTIVE) - Sponsor Memo

2017-S1614A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1614A

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S1614 - Details

2017-S1614 - Summary

2017-S1614 - Sponsor Memo

2017-S1614 - Bill Text download pdf

co-Sponsors

Rich Funke

2017-S1614A (ACTIVE) - Details

2017-S1614A (ACTIVE) - Summary

2017-S1614A (ACTIVE) - Sponsor Memo

2017-S1614A (ACTIVE) - Bill Text download pdf

Comments