S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2319
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER,  CROCI,  DeFRANCISCO, FUNKE, GOLDEN,
   LARKIN, MARCHIONE -- read twice and ordered printed, and when  printed
   to  be  committed  to the Committee on Veterans, Homeland Security and
   Military Affairs
 
 AN ACT to amend the domestic relations law  and  the  military  law,  in
   relation to the creation of the short-term military service guardian
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The domestic relations law is amended by adding a new arti-
 cle 6-A to read as follows:
                                ARTICLE 6-A
                   SHORT-TERM MILITARY SERVICE GUARDIAN
 SECTION 90. DEFINITIONS.
         91. SHORT-TERM MILITARY SERVICE GUARDIAN.
         92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.
   § 90. DEFINITIONS. "SHORT-TERM  MILITARY  SERVICE  GUARDIAN"  MEANS  A
 GUARDIAN OF THE PERSON OF A MINOR, AS APPOINTED UNDER SECTION NINETY-ONE
 OF  THIS  ARTICLE, EFFECTIVE ON THE DATE OF THE APPOINTMENT OR TO BECOME
 EFFECTIVE AT A LATER DATE UNDER  SECTION  NINETY-ONE  OF  THIS  ARTICLE,
 EXCEPT  THAT  A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN  SHALL HAVE THE
 AUTHORITY TO APPLY FOR AND RECEIVE ON BEHALF OF THE  MINOR  BENEFITS  TO
 WHICH  THE  CHILD  MAY BE ENTITLED FROM OR UNDER FEDERAL, STATE OR LOCAL
 ORGANIZATIONS OR PROGRAMS.
   § 91. SHORT-TERM MILITARY SERVICE GUARDIAN. 1.   A PERSON  WHO  IS  IN
 ACTIVE MILITARY SERVICE AND WHO IS A PARENT, ADOPTIVE PARENT, OR ADJUDI-
 CATED  PARENT WHO HAS PHYSICAL CUSTODY OF A MINOR CHILD AND WHO DOES NOT
 SHARE JOINT CUSTODY OF THE CHILD MAY APPOINT IN WRITING, WITH NOTICE  TO
 THE  OTHER  LIVING  PARENT OF THE CHILD AND TO THE COURT AS DESCRIBED IN
 SUBDIVISION TWO OF THIS SECTION, A SHORT-TERM MILITARY SERVICE  GUARDIAN
 OF THE MINOR CHILD. THE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM MILI-
 TARY  SERVICE  GUARDIAN SHALL BE DATED AND SHALL IDENTIFY THE APPOINTING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04640-01-7

 S. 2319                             2
 
 PARENT, THE OTHER LIVING PARENT, THE MINOR, AND THE PERSON APPOINTED  TO
 BE  THE  SHORT-TERM  MILITARY  SERVICE  GUARDIAN. THE WRITTEN INSTRUMENT
 SHALL BE SIGNED BY, OR AT THE DIRECTION OF, THE APPOINTING PARENT IN THE
 PRESENCE  OF AT LEAST TWO CREDIBLE WITNESSES, AT LEAST EIGHTEEN YEARS OF
 AGE, NEITHER OF WHOM IS RELATED TO THE PARENT NOR THE  PERSON  APPOINTED
 AS THE SHORT-TERM MILITARY SERVICE GUARDIAN. THE PERSON APPOINTED AS THE
 SHORT-TERM MILITARY SERVICE GUARDIAN SHALL ALSO SIGN THE WRITTEN INSTRU-
 MENT, BUT NEED NOT SIGN AT THE SAME TIME AS THE APPOINTING PARENT.
   2.  A  PARENT SHALL NOT APPOINT A SHORT-TERM MILITARY SERVICE GUARDIAN
 OF A MINOR CHILD IF THE CHILD HAS ANOTHER LIVING PARENT, ADOPTIVE PARENT
 OR ADJUDICATED PARENT:
   (A) WHO HAS JOINT CUSTODY OF THE CHILD,
   (B) WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMINATED,
   (C) WHOSE WHEREABOUTS ARE KNOWN, AND
   (D) WHO IS WILLING AND ABLE TO MAKE AND  CARRY  OUT  DAY-TO-DAY  CHILD
 CARE  DECISIONS  CONCERNING  THE MINOR, UNLESS THE NON-APPOINTING PARENT
 CONSENTS TO  THE  APPOINTMENT  BY  SIGNING  THE  WRITTEN  INSTRUMENT  OF
 APPOINTMENT.
   3. THE APPOINTING PARENT SHALL ATTACH TO THE WRITTEN INSTRUMENT HIS OR
 HER SWORN STATEMENT OF MAILING THAT STATES HE OR SHE SENT, NO LATER THAN
 TWO  DAYS  AFTER  THE WRITTEN INSTRUMENT WAS COMPLETED, COPIES OF HIS OR
 HER SWORN STATEMENT OF MAILING AND THE WRITTEN INSTRUMENT CONTAINING ALL
 REQUIRED SIGNATURES AND DATES BY CERTIFIED OR  REGISTERED  MAIL,  RETURN
 RECEIPT REQUESTED TO:
   (A) THE LAST KNOWN ADDRESS OF THE OTHER LIVING PARENT,
   (B)  THE COURT WHICH ISSUED THE ORDER THAT AWARDED PHYSICAL CUSTODY OF
 THE CHILD TO THE APPOINTING PARENT,
   (C) THE COURT (IF DIFFERENT  FROM  THE  COURT  THAT  AWARDED  PHYSICAL
 CUSTODY  OF  THE  CHILD  TO THE APPOINTING PARENT) WHICH ISSUED THE LAST
 ORDER THAT CONCERNS THE CHILD, THE CHILD'S SUPPORT,  OR  CUSTODY  OF  OR
 VISITATION WITH THE CHILD, AND
   (D)  IF THERE IS NO COURT ORDER, THEN TO THE COURT CLERK IN THE COUNTY
 IN WHICH THE CHILD RESIDES.
   4.  THE APPOINTMENT OF THE SHORT-TERM  MILITARY  SERVICE  GUARDIAN  IS
 EFFECTIVE  IMMEDIATELY UPON THE DATE THE WRITTEN INSTRUMENT IS EXECUTED,
 UNLESS THE WRITTEN INSTRUMENT PROVIDES FOR  THE  APPOINTMENT  TO  BECOME
 EFFECTIVE  UPON  A  LATER  SPECIFIED  DATE  OR EVENT. THE APPOINTMENT IS
 EFFECTIVE WITHOUT COURT APPROVAL. THE SHORT-TERM MILITARY SERVICE GUARD-
 IAN SHALL HAVE AUTHORITY TO ACT AS GUARDIAN OF THE MINOR AS PROVIDED  IN
 ARTICLE SIX OF THIS CHAPTER FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS FROM
 THE  DATE  THE  APPOINTMENT  IS  EFFECTIVE UNLESS THE WRITTEN INSTRUMENT
 PROVIDES FOR THE APPOINTMENT TO TERMINATE UPON AN EARLIER SPECIFIED DATE
 OR EVENT.  ONLY ONE WRITTEN INSTRUMENT APPOINTING A SHORT-TERM  MILITARY
 SERVICE  GUARDIAN  MAY  BE  IN  FORCE  AT  ANY GIVEN TIME, BUT A WRITTEN
 INSTRUMENT PREPARED IN ACCORDANCE WITH THE  SAME  REQUIREMENTS  OF  THIS
 SECTION MAY REAPPOINT THE SHORT-TERM MILITARY SERVICE GUARDIAN OR NAME A
 DIFFERENT  SUCCESSOR  SHORT-TERM  MILITARY SERVICE GUARDIAN FOR AN ADDI-
 TIONAL PERIOD OF  ONE  HUNDRED  EIGHTY  DAYS.  A  REAPPOINTMENT  OR  THE
 APPOINTMENT  OF  A SUCCESSOR SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
 ACCOMPLISHED BY A WRITTEN INSTRUMENT COMPLETED BEFORE THE EXPIRATION  OF
 THE FIRST WRITTEN INSTRUMENT.
   5.  EVERY APPOINTMENT OF A SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
 AMENDED OR REVOKED BY THE APPOINTING PARENT OF THE MINOR AT ANY TIME AND
 IN ANY MANNER COMMUNICATED TO THE SHORT-TERM MILITARY  SERVICE  GUARDIAN
 OR  TO  ANY  OTHER PERSON. ANY PERSON OTHER THAN THE SHORT-TERM MILITARY
 SERVICE GUARDIAN TO WHOM A REVOCATION OR AMENDMENT  IS  COMMUNICATED  OR

 S. 2319                             3
 
 DELIVERED  SHALL  MAKE  ALL  REASONABLE EFFORTS TO INFORM THE SHORT-TERM
 MILITARY SERVICE GUARDIAN OF THAT FACT AS PROMPTLY AS POSSIBLE.
   6.  THE  APPOINTMENT  OF  A  SHORT-TERM  MILITARY  SERVICE GUARDIAN OR
 SUCCESSOR SHORT-TERM MILITARY  SERVICE  GUARDIAN  DOES  NOT  AFFECT  THE
 RIGHTS OF THE OTHER PARENT IN THE MINOR.
   7.  THE  WRITTEN  INSTRUMENT  APPOINTING A SHORT-TERM MILITARY SERVICE
 GUARDIAN MAY, BUT NEED NOT, BE IN THE FOLLOWING FORM:
            APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN
            IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS
   BY PROPERLY COMPLETING THIS FORM, A  PARENT  OF  THE  MINOR  CHILD  IS
 APPOINTING  A  SHORT-TERM  MILITARY  SERVICE  GUARDIAN OF A CHILD OF THE
 PARENT FOR A PERIOD OF UP TO ONE HUNDRED EIGHTY (180) DAYS.  A  SEPARATE
 FORM  SHOULD  BE  COMPLETED  FOR EACH CHILD. THE PERSON APPOINTED AS THE
 SHORT-TERM MILITARY SERVICE GUARDIAN MUST SIGN THE FORM, BUT NEED NOT DO
 SO AT THE SAME TIME AS THE PARENT OR PARENTS. THIS FORM MAY BE  USED  TO
 REAPPOINT A SHORT-TERM MILITARY SERVICE GUARDIAN OR TO APPOINT A SUCCES-
 SOR SHORT-TERM MILITARY SERVICE GUARDIAN SO AS TO EXTEND THE ENTIRE TIME
 OF  THE GUARDIANSHIP TO A PERIOD OF THREE HUNDRED SIXTY (360) DAYS. BOTH
 LIVING PARENTS OF A CHILD MAY TOGETHER  APPOINT  A  SHORT-TERM  MILITARY
 SERVICE  GUARDIAN OF THE CHILD FOR A PERIOD OF UP TO THREE HUNDRED SIXTY
 (360) DAYS THROUGH THE USE OF THIS  FORM.  IF  THE  SHORT-TERM  MILITARY
 SERVICE  GUARDIAN  IS APPOINTED BY BOTH LIVING PARENTS OF THE CHILD, THE
 PARENTS NEED NOT SIGN THE FORM AT THE SAME TIME.
   1. PARENT AND CHILD. I (INSERT NAME OF APPOINTING  PARENT),  CURRENTLY
 RESIDING  AT  (INSERT  ADDRESS OF APPOINTING PARENT), AM A PARENT OF THE
 FOLLOWING CHILD: (INSERT NAME AND DATE OF BIRTH OF CHILD).
   2. GUARDIAN. I HEREBY APPOINT THE FOLLOWING PERSON AS  THE  SHORT-TERM
 MILITARY  SERVICE  GUARDIAN  FOR  THE CHILD: (INSERT NAME AND ADDRESS OF
 APPOINTED PERSON).
   3. EFFECTIVE DATE. THIS APPOINTMENT BECOMES EFFECTIVE: (CHECK  ONE  IF
 YOU WISH IT TO BE APPLICABLE)
   (  )  ON  THE DATE THAT I STATE IN WRITING THAT I AM NO LONGER ABLE TO
 MAKE AND CARRY OUT DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE  CHILD
 BECAUSE OF MY ACTIVE DUTY STATUS IN THE MILITARY.
   ( ) ON THE FOLLOWING DATE: (INSERT DATE).
   ( ) OTHER (INSERT OTHER).
   (NOTE:  IF  THIS  ITEM  IS NOT COMPLETED, THE APPOINTMENT IS EFFECTIVE
 IMMEDIATELY UPON THE DATE THE FORM IS SIGNED AND DATED BELOW.)
   4. TERMINATION. THIS APPOINTMENT SHALL TERMINATE  ONE  HUNDRED  EIGHTY
 (180)  DAYS  AFTER  THE  EFFECTIVE  DATE, UNLESS IT TERMINATES SOONER AS
 DETERMINED BY THE EVENT OR DATE I HAVE INDICATED BELOW:   (CHECK ONE  IF
 YOU WISH IT TO BE APPLICABLE)
   (  ) ON THE DATE THAT I STATE IN WRITING THAT I AM WILLING AND ABLE TO
 MAKE AND CARRY OUT DAY-TO-DAY CHILD CARE DECISIONS CONCERNING THE CHILD.
   ( ) ON THE DATE WHICH IS (STATE A NUMBER OF DAYS, BUT NO MORE THAN ONE
 HUNDRED EIGHTY (180) DAYS) DAYS AFTER THE EFFECTIVE DATE.
   ( ) OTHER: (INSERT OTHER). (NOTE: IF THIS ITEM IS NOT  COMPLETED,  THE
 APPOINTMENT  WILL  BE EFFECTIVE FOR A PERIOD OF ONE HUNDRED EIGHTY (180)
 DAYS, BEGINNING ON THE EFFECTIVE DATE.)
   5. DATE AND SIGNATURE OF APPOINTING PARENT. THIS APPOINTMENT  IS  MADE
 THIS (INSERT DAY) DAY OF (INSERT MONTH AND YEAR).
   SIGNED: (APPOINTING PARENT)
   6.  WITNESSES.  I  SAW THE APPOINTING PARENT SIGN THIS INSTRUMENT OR I
 SAW THE PARENT DIRECT SOMEONE TO SIGN THIS INSTRUMENT  FOR  THE  PARENT.
 THEN  I  SIGNED  THIS  INSTRUMENT  AS  A  WITNESS IN THE PRESENCE OF THE
 PARENT. I AM NOT APPOINTED IN THIS INSTRUMENT TO ACT AS  THE  SHORT-TERM

 S. 2319                             4

 MILITARY  SERVICE GUARDIAN FOR THE CHILD. I AM NOT RELATED TO THE PARENT
 OR TO THE PERSON APPOINTED AS THE SHORT-TERM MILITARY SERVICE  GUARDIAN.
 (INSERT SPACE FOR NAMES, ADDRESSES, AND SIGNATURES OF TWO (2) WITNESSES)
   7.  ACCEPTANCE  OF SHORT-TERM MILITARY SERVICE GUARDIAN. I ACCEPT THIS
 APPOINTMENT AS SHORT-TERM MILITARY SERVICE GUARDIAN ON THIS (INSERT DAY)
 DAY OF (INSERT MONTH AND YEAR).
   SIGNED: (SHORT-TERM MILITARY SERVICE GUARDIAN)
   8. CONSENT OF CHILD'S OTHER PARENT-IF APPLICABLE. I  (INSERT  NAME  OF
 THE  CHILD'S OTHER LIVING PARENT), CURRENTLY RESIDING AT (INSERT ADDRESS
 OF CHILD'S OTHER LIVING PARENT), HEREBY CONSENT TO THIS  APPOINTMENT  ON
 THIS (INSERT DAY) DAY OF (INSERT MONTH AND YEAR).
   SIGNED: (CONSENTING PARENT)
   (NOTE: THE SIGNATURE OF A CONSENTING PARENT IS NOT NECESSARY IF ONE OF
 THE  FOLLOWING APPLIES: (I) THE OTHER PARENT DOES NOT HAVE JOINT CUSTODY
 OF THE CHILD; (II) THE CHILD'S OTHER  PARENT  HAS  DIED;  OR  (III)  THE
 WHEREABOUTS  OF  THE  CHILD'S  OTHER  PARENT  ARE NOT KNOWN; OR (IV) THE
 CHILD'S OTHER PARENT IS NOT WILLING OR ABLE TO MAKE AND CARRY  OUT  DAY-
 TO-DAY  CHILD  CARE  DECISIONS  CONCERNING  THE  CHILD;  (V) THE CHILD'S
 PARENTS WERE NEVER MARRIED AND NO COURT HAS ISSUED AN ORDER ESTABLISHING
 PARENTAGE; OR (VI) THE PARENTAL RIGHTS OF THE CHILD'S OTHER PARENT  HAVE
 BEEN TERMINATED BY A COURT ORDER.)
   SWORN STATEMENT OF MAILING
   I  (INSERT  NAME  OF APPOINTING PARENT), CURRENTLY RESIDING AT (INSERT
 ADDRESS OF APPOINTING PARENT), DELIVERED A SIGNED AND DATED COPY OF  THE
 ATTACHED APPOINTMENT OF SHORT-TERM MILITARY SERVICE GUARDIAN BY DEPOSIT-
 ING IT IN A UNITED STATES POST OFFICE OR POST OFFICE BOX, ENCLOSED IN AN
 ENVELOPE,  PLAINLY ADDRESSED TO EACH PERSON OR OFFICE AT THE APPROPRIATE
 ADDRESS LISTED BELOW, WITH POSTAGE FULLY PREPAID FOR DELIVERY BY  CERTI-
 FIED OR REGISTERED MAIL TO:
   (1)  (NAME  OF  OTHER  LIVING  PARENT) (INSERT ADDRESS OF OTHER LIVING
 PARENT);
   (2) NAME OF THE COURT WHICH ISSUED THE  ORDER  THAT  AWARDED  PHYSICAL
 CUSTODY OF THE CHILD TO THE APPOINTING PARENT (INSERT ADDRESS OF COURT);
   (3) THE COURT WHICH ISSUED THE LAST ORDER THAT CONCERNS THE CHILD, THE
 CHILD'S SUPPORT, CUSTODY OR VISITATION WITH THE CHILD (INSERT ADDRESS OF
 COURT); AND
   (4)  IF THERE IS NO COURT ORDER, THEN TO THE COURT CLERK IN THE COUNTY
 IN WHICH THE CHILD RESIDES (INSERT ADDRESS OF COURT CLERK)
   DATE AND SIGNATURE. DATED THIS (INSERT DAY) DAY OF (INSERT  MONTH  AND
 YEAR).
   SIGNED:  (DESIGNATING PARENT OR GUARDIAN)
   COUNTY OF __________________________________
   STATE OF  __________________________________
   ON  THIS  (INSERT  DAY) OF (INSERT MONTH AND YEAR) AT (INSERT CITY AND
 STATE), (INSERT NAME OF APPOINTING PARENT), APPEARED BEFORE ME, A NOTARY
 PUBLIC OF AND FOR THE COUNTY AND STATE FIRST ABOVE WRITTEN  AND  IDENTI-
 FIED  HIMSELF  OR HERSELF TO BE OR PERSONALLY KNOWN TO ME TO BE, (INSERT
 NAME OF APPOINTING PARENT) AND BEING FIRST DULY SWORN, SIGNED HIS OR HER
 SIGNATURE ABOVE.
   (SEAL)
   SIGNED (NAME OF NOTARY PUBLIC)
   (PRINTED NAME OF NOTARY PUBLIC)
   § 92. DUTIES OF A SHORT-TERM MILITARY SERVICE GUARDIAN OF A MINOR.  1.
 IMMEDIATELY  UPON  THE EFFECTIVE DATE OR THE APPOINTMENT OF A SHORT-TERM
 MILITARY SERVICE GUARDIAN,  THE  SHORT-TERM  MILITARY  SERVICE  GUARDIAN
 SHALL  ASSUME  ALL DUTIES AS SHORT-TERM MILITARY SERVICE GUARDIAN OF THE

 S. 2319                             5

 MINOR AS PROVIDED IN THIS SECTION. THE SHORT-TERM MILITARY SERVICE GUAR-
 DIAN OF THE PERSON SHALL HAVE AUTHORITY TO ACT  AS  SHORT-TERM  MILITARY
 SERVICE  GUARDIAN  WITHOUT  DIRECTION  OF COURT, FOR THE DURATION OF THE
 APPOINTMENT WHICH IN NO CASE SHALL EXCEED A PERIOD OF ONE HUNDRED EIGHTY
 DAYS.  THE  AUTHORITY OF THE SHORT-TERM MILITARY SERVICE GUARDIAN MAY BE
 LIMITED OR TERMINATED BY A COURT OF COMPETENT JURISDICTION.
   2. UNLESS FURTHER SPECIFICALLY LIMITED BY  THE  INSTRUMENT  APPOINTING
 THE  SHORT-TERM MILITARY SERVICE GUARDIAN, A SHORT-TERM MILITARY SERVICE
 GUARDIAN SHALL HAVE THE AUTHORITY TO ACT AS A GUARDIAN OF THE PERSON  OF
 A MINOR AS PRESCRIBED IN ARTICLE SIX OF THIS CHAPTER, BUT SHALL NOT HAVE
 ANY AUTHORITY TO ACT AS GUARDIAN OF THE ESTATE OF A MINOR, EXCEPT THAT A
 SHORT-TERM  MILITARY  SERVICE GUARDIAN SHALL HAVE THE AUTHORITY TO APPLY
 FOR AND RECEIVE ON BEHALF OF THE MINOR BENEFITS TO WHICH THE  CHILD  MAY
 BE  ENTITLED  FROM  OR  UNDER  FEDERAL,  STATE OR LOCAL ORGANIZATIONS OR
 PROGRAMS.
   § 2. The military law is amended by adding a new section 255  to  read
 as follows:
   §  255. SHORT-TERM MILITARY SERVICE GUARDIAN. NOTWITHSTANDING ANY LAW,
 RULE OR REGULATION TO THE CONTRARY, CHILD CUSTODY PROCEEDINGS FILED IN A
 COURT OF COMPETENT JURISDICTION IN THIS STATE,  INVOLVING  A  SHORT-TERM
 MILITARY  SERVICE  GUARDIAN  SHALL  BE  GOVERNED BY ARTICLE SIX-A OF THE
 DOMESTIC RELATIONS LAW.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.