senate Bill S5790

2017-2018 Legislative Session

Relates to orders committing guardianship and custody of a child

download bill text pdf

Sponsored By

Current Bill Status - In Senate Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2017 reported and committed to rules
May 01, 2017 referred to children and families

Votes

view votes

Jun 6, 2017 - Children and Families committee Vote

S5790
3
1
committee
3
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Jun 6, 2017

nay (1)
aye wr (2)
excused (1)

Co-Sponsors

S5790 - Details

See Assembly Version of this Bill:
A8020
Law Section:
Family Court Act
Laws Affected:
Amd §634, Fam Ct Act; amd §384-b, Soc Serv L

S5790 - Summary

Relates to orders committing guardianship and custody of a child.

S5790 - Sponsor Memo

S5790 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5790

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 1, 2017
                               ___________

Introduced  by  Sen.  SAVINO -- 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 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:
  S  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.
  S 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.
                                                           LBD11212-01-7

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