NY State Senate Bill 2019-S5648

Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
May 09, 2019	referred to children and families

2019-S5648 (ACTIVE) - Details

See Assembly Version of this Bill:: A8316
Current Committee:: Senate Children And Families
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
2017-2018: S1614, A7574

2019-S5648 (ACTIVE) - Summary

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

2019-S5648 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5648

SPONSOR: MONTGOMERY
 
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 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; 'CuOintly, 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
wellbeing. 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 SENATE 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.

2019-S5648 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5648
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 A 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.
   (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.

                                                            LBD00599-01-9

 S. 5648                             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 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 S5648

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2019-S5648 (ACTIVE) - Details

2019-S5648 (ACTIVE) - Summary

2019-S5648 (ACTIVE) - Sponsor Memo

2019-S5648 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5648

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2019-S5648 (ACTIVE) - Details

2019-S5648 (ACTIVE) - Summary

2019-S5648 (ACTIVE) - Sponsor Memo

2019-S5648 (ACTIVE) - Bill Text download pdf

Comments