NY State Senate Bill 2017-S4835

Senate Bill S4835

Signed By Governor

2017-2018 Legislative Session

Relates to contact by siblings in foster care, surrender, destitute child and permanency proceedings

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Archive: Last Bill Status Via A7553 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	signed chap.359
Oct 11, 2017	delivered to governor
Jun 20, 2017	returned to assembly passed senate 3rd reading cal.480 substituted for s4835
Jun 20, 2017	substituted by a7553
Mar 23, 2017	advanced to third reading
Mar 22, 2017	2nd report cal.
Mar 21, 2017	1st report cal.480
Mar 02, 2017	referred to children and families

Votes

- Jun 20, 2017 - Floor Vote
  A7553
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Mar 21, 2017 - Children And Families Committee Vote
  S4835
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 21, 2017
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino

2017-S4835 (ACTIVE) - Details

See Assembly Version of this Bill:: A7553
Law Section:: Family Court Act
Laws Affected:: Amd §§1081, 1089 & 1095, Fam Ct Act; amd §§358-a, 383-c & 384, Soc Serv L

2017-S4835 (ACTIVE) - Summary

Relates to contact by siblings in foster care, surrender, destitute child and permanency proceedings.

2017-S4835 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4835

 TITLE OF BILL :  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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

In enacting chapter 242 of the Laws of 2016, the Legislature took an
enormous step forward in ensuring the rights of siblings to maintain
their critically important relationships. In amending sections 1027-a,
1081 and 1089 of the Family Court Act, as well as section 384-b of the
Social Services Law, chapter 242 covered many siblings, who were
separated as a result of child protective, permanency and termination
of parental rights proceedings. However, the statute did not reach all
categories of siblings who, like the ones covered by chapter 242, had
been separated as a result of court proceedings. The numbers are
significant, as it has been estimated that two-thirds of children in
foster care also have siblings in care,* many of whom are separated
for a variety of reasons, including, inter alia, a large sibling
group, or mental health, educational or other special needs of one of
the siblings, or the fact that one of the siblings is over the age of
18. Approximately 60 to 73 percent of children adopted from foster
care have siblings in care and approximately 40 percent are placed

together, with visitation among those separated not provided
consistently.** Many are covered by chapter 242, but some, who are
identically situated, are not. This measure would fill this gap.

First, the measure would amend section 1081 of the Family Court Act to
provide that the procedure for siblings to seek access to and/or
communication with siblings in child protective proceedings also
applies to children who are the subjects of permanency and destitute
minor proceedings under articles 10-A and 10-C of the Family Court
Act, respectively. Section 1095 of the Act would be amended to
specifically incorporate sibling contact orders issued under section
1081 into destitute minor orders.

Second, this measure would amend the permanency hearing sections of
Article 10-A to permit sibling access orders issued in voluntary
placement and destitute minor proceedings to be incorporated into
permanency orders, similar to the incorporation of such orders issued
in child protective proceedings. Article 10-A would further be amended
to articulate the presumption in favor of keeping siblings together
or, where inappropriate, for the court order to include a directive
for the agency to arrange regular visitation or contact.  This measure
also delineates a motion procedure for siblings to seek access and/or
communication with their siblings as part of a permanency hearing,
similar to that included in sections 1027-a and 1081 of the Family
Court Act - an important feature, especially in light of the statutory
impetus and growing trend for children to attend and participate in
their permanency hearings. See Family Court Act § 1090-a (L. 2016, c.
14) As in sections 1027-a and 1089, the term "siblings" would "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."

Third, the measure would delineate a similar motion procedure for
sibling access and communication in the voluntary foster care
placement statute, section 358-a of the Social Services Law. Surely,
voluntarily placed children, who have a right at the subsequent
permanency hearing stage to seek contact with their siblings, should
possess no less a right at the initial placement stage. Section 358-a
already includes the presumption in favor of placement of siblings
together and, where inappropriate, an obligation for regular contact
or visitation to be arranged. The measure would incorporate an
important feature of chapter 242, i.e., that the placement or contact
would need to be in the best interests of both siblings. As in section
1089 of the Family Court Act, the measure would define siblings to
"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."

Finally, the measure would amend sections 383-c and 384, the statutes
regarding surrenders of parental rights, in a manner similar to the
amendment in chapter 242 of section 384-b of the Social Services Law.
Since the result of a parent's voluntary surrender of his or her
rights is the same permanent severance of parental ties as in an
involuntary termination of parental rights proceeding under section
384-b, the measure would add an identical provision to the surrender
statutes, that is, that acceptance or approval of a surrender "shall
not be construed to terminate any rights of the child to contact with
his or her siblings." Again, the definition of "siblings" includes
"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."

In enacting chapter 242, the Legislature reflected an increasing
recognition of the critical importance of maintaining and fostering
sibling relationships embodied in both Federal and New York State
child welfare laws and regulations - a recognition equally applicable
to this measure. Sections 1055(c) and 1089(d)(2)(viii)(F) of the
Family Court Act provide that placement and permanency hearing orders,
respectively, "may include encouraging and facilitating visitation
with the child by the child's siblings." Section 1027-a of the Act
established the presumption that placement of siblings together is in
the children's best interests unless "contrary to the child's health,
safety or welfare." Regulations of the State Office of Children and
Family Services (OCFS) reiterated this presumption (18 NYCRR § 431.10)
and a 1992 Administrative Memo issued by OCFS further provided that
where siblings are placed in separate homes, biweekly visitation
should be arranged. Most recently, in its Administrative Memorandum
describing chapter 242, OCFS cited its earlier Administrative
Memoranda and White Paper regarding these requirements. See
"Placement, Visitation, and Contact for Siblings in Foster Care"
(16-OCFS-ADM-18)(Nov. 9, 2016) (citing "Foster Care, Adoption:
Requirements for Siblings Placement, Visitation and Communication"
(92-ADM-24); "Definition of Siblings and Expansion of the Relative
Notification Requirements" (15-OCFS-ADM-01) and "Keeping Siblings
Connected: A White Paper on Siblings in Foster Care and Adoptive
Placements in New York State" (07-OCFS-INF-04)).

On the Federal level, the Fostering Connections to Success and
Increasing Adoptions Act (Public Law 110-351), enacted in 2008,
required child welfare agencies to exercise "reasonable efforts" to
place siblings together when arranging temporary foster care, kinship
guardianship or adoptive placements - and, if not, to arrange for
frequent sibling visitation, unless contrary to the health, safety or
well-being of the child or children. The Preventing Sex Trafficking
and Strengthening Families Act (Public Law 113-183), enacted in 2014,
required notification to parents of siblings of children removed into
foster care, as well as notification to foster youth of their rights.
As in chapter 242, it defined sibling to include those who "would have
been considered a sibling of the child under state law but for a
termination or other disruption of parental rights, such as the death
of a parent." See 42 U.S.C. § 675(12). Significantly, in order to
implement these provisions, in 2015, OCFS included the following in
its Bill of Rights for Children and Youth in Foster Care, which is
applicable to all children in foster care:


As a child or youth in foster care in the State of New York, I have
the right:

4. To live with my brothers and sisters unless the court or my agency
has determined it is not in my best interests or those of my brothers
or sisters, and to visit with my brothers and sisters regularly if we
do not live together unless a court or a caseworker has determined it
is not in my best interests or those of one of my brothers or sisters,
or their distance from me prevents visitation.


The instant measure, like chapter 242, is consistent with case law
regarding sibling contact, recognizing the constitutional dimensions
of parents' rights in the upbringing of their children. See e.g.,
Troxel v. Granville, 530 U.S. 57 (2000); Matter of Coccose v. Diane
B., 8 Misc.3d 1020(A) (Fain. Ct., Ulster Co., 2005)(in determining
sibling access application, court must evaluate the bases of the
parents' objections, in addition to the sibling relationship itself).
The Court of Appeals recognized, in People ex rel Sibley v. Sheppard,
54 N.Y.2d 320 (1981), that grandparent relationships are not severed
by adoption, a holding extended to sibling relationships in Hatch on
behalf of Angela J. v. Cortland County Dept. of Social Services, 199
A.D.2d 765 (3rd Dept. 1993). The measure's amendment to the voluntary
surrender provisions, like the amendment in chapter 242 to the
termination of parental rights statute, removes any doubt regarding
the standing of children to seek contact with siblings under the
procedural vehicle of section 71 of the Domestic Relations Law,
notwithstanding severance of their ties to their parents. Further, the
measure's incorporation of the requirement in chapter 242 that any
order for contact serve the best interests of both siblings seeking
contact and the sibling to be contacted is consistent with earlier
cases adjudicating sibling applications. See e.g., Keenan R. v. Julie
L., 72 A.D.3d 542, (1st Dept. 2010) (visitation denied where causing
anxiety to the siblings, who had no meaningful relationship with
applicant).

For youth already suffering the trauma of separation from their homes,
regardless of whether the separation stems from a destitute minor
proceeding, voluntary placement by parents, child abuse or neglect, a
permanency hearing or termination of parental rights, it cannot be
overemphasized that maintenance of their relationships with their
siblings may be a vital lifeline. These relationships may provide a
protective shield against further trauma, an aid in coping with loss
and grief, and are essential to children's development of normal
attachments and self-esteem - significantly, often "the most stable
and consistent relationship available." See R. Mandelbaum, Delicate
Balances: Assessing the Needs and Rights of Siblings in Foster Care to
Maintain their Relationships Post-Adoption," 41 N.Mex.Law Rev. 1,
29-34 (Spring, 2011); D.Post, S.McCarthy, R.Sherman and S.Bayimli,
"Are You Still My Family?: Post-adoption Sibling Visitation," 43
Cap.U,Law Rev. 307, 319-326 (2015). The Children's Law Center's
memorandum in support of chapter 242, dated June 3, 2016, as well as
the "Beyond Permanency" Symposium that it sponsored at New York Law
School on October 23, 2015 and the article by Dawn Post, supra, were
replete with first-hand accounts of youth who struggled to maintain
relationships with siblings, often mentor-type relationships that
facilitate the successful adjustment of the siblings. Enactment of
this measure, therefore, will complete the important step taken by the
Legislature in enacting chapter 242 and will provide substantial
developmental benefits for the numerous sibling groups in all
categories of care in the State's child welfare system.

This measure, which would have no fiscal impact upon the State, shall
take effect on the ninetieth day after it shall have become a law.

 LEGISLATIVE HISTORY :
None. New proposal.


* "Sibling Issues in Foster care and Adoption" (Child Welfare
Information Gateway, www.childwelfare.gov/pubPDFs/siblingissues.pdfl
(cited in D.Post, S.McCarthy, R.Sherman and S.Bayimli, "Are You Still
My Family? : Post-adoption Sibling Visitation," 43 Cap. U.Law Rev.
307, 336 (2015)).  ** R. Mandelbaum, Delicate Balances: Assessing the
Needs and Rights of Siblings in Foster Care to Maintain their
Relationships Post-Adoption," 41 N.Mex.Law Rev. 1, 6 (Spring, 2011)

2017-S4835 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4835
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2017
                                ___________
 
 Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
   tration)  --  read  twice  and ordered printed, and when printed to be
   committed 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

 S. 4835                             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-

 S. 4835                             3

 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

 S. 4835                             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

 S. 4835                             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.

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