S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6405
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act, in relation to an application of a
   relative to become a foster parent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1028-a of the family court act, as added by chapter
 671 of the laws of 2005, paragraphs (iii) and (v) of subdivision (a) and
 subdivision (c) as amended by chapter 12 of the laws of 2006, is amended
 to read as follows:
   §  1028-a.  Application  of  a relative to become a foster parent. (a)
 Upon the application of a relative to become a foster parent of a  child
 in  foster  care,  the  court  shall,  subject to the provisions of this
 subdivision, hold a hearing to determine whether  the  child  should  be
 placed  with  a relative in foster care. Such hearing shall only be held
 if:
   (i) the [relative] PERSON is  related  [within  the  third  degree  of
 consanguinity  to  either  parent] TO THE CHILD AS DESCRIBED UNDER PARA-
 GRAPH (A), (B), OR (C) OF SUBDIVISION  THREE  OF  SECTION  FOUR  HUNDRED
 FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW;
   (ii) the child has been temporarily removed under this part, or placed
 pursuant  to section one thousand fifty-five of this article, and placed
 in non-relative foster care;
   (iii) the relative indicates a willingness to become the foster parent
 for such child and has not refused previously  to  be  considered  as  a
 foster  parent  or  custodian  of  the child, provided, however, that an
 inability to provide immediate care for the  child  due  to  a  lack  of
 resources  or  inadequate  housing,  educational  or  other arrangements
 necessary to care appropriately for the child  shall  not  constitute  a
 previous refusal;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13095-02-9
              

 S. 6405                             2
 
   (iv) the local social services district has refused to place the child
 with the relative for reasons other than the relative's failure to qual-
 ify  as  a  foster  parent  pursuant to the regulations of the office of
 children and family services; and
   (v)  the  application  is  brought within six months from the date the
 relative received notice that the child was being removed  or  had  been
 removed  from  his  or her home and no later than twelve months from the
 date that the child was removed.
   (b) The court shall give due consideration  to  such  application  and
 shall make the determination as to whether the child should be placed in
 foster care with the relative based on the best interests of the child.
   (c)  After  such  hearing,  if  the court determines that placement in
 foster care with the relative is in the best interests of the child, the
 court shall direct the local commissioner of social  services,  pursuant
 to  regulations  of  the  office  of  children  and  family services, to
 commence an investigation of the home of the relative within twenty-four
 hours and thereafter expedite approval or certification  of  such  rela-
 tive,  if  qualified,  as  a  foster parent. No child, however, shall be
 placed with a relative prior to final approval or certification of  such
 relative as a foster parent.
   § 2. This act shall take effect immediately.