Assembly Bill A2199A

Vetoed By Governor
2019-2020 Legislative Session

Relates to orders committing guardianship and custody of a child

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S4203 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A2199 - Details

See Senate Version of this Bill:
S4203
Law Section:
Family Court Act
Laws Affected:
Amd §634, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2017-2018 Legislative Session:
A8020, S5790

2019-A2199 - Summary

Relates to orders committing guardianship and custody of a child; enacts provisions relating to post-termination visitation or contact.

2019-A2199 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2199
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. JOYNER, DAVILA, JAFFEE -- read once and referred
   to the Committee on Judiciary
 
 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:
   §  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.
   § 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.

co-Sponsors

multi-Sponsors

2019-A2199A (ACTIVE) - Details

See Senate Version of this Bill:
S4203
Law Section:
Family Court Act
Laws Affected:
Amd §634, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2017-2018 Legislative Session:
A8020, S5790

2019-A2199A (ACTIVE) - Summary

Relates to orders committing guardianship and custody of a child; enacts provisions relating to post-termination visitation or contact.

2019-A2199A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2199--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JOYNER, DAVILA, JAFFEE, WRIGHT, JEAN-PIERRE,
   WALKER,  ARROYO,  L. ROSENTHAL,  EPSTEIN,  SAYEGH,   DICKENS,   SIMON,
   WILLIAMS,  LAVINE,  HEVESI,  CRUZ  --  Multi-Sponsored  by -- M. of A.
   DE LA ROSA, PRETLOW -- read once and  referred  to  the  Committee  on
   Judiciary  --  reported  and  referred  to  the  Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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:
   § 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.
   §  2.  Section  384-b  of the social services law is amended by adding
 three new subdivisions 14, 15 and 16 to read as follows:
   14. UPON APPLICATION BY ANY PARTY TO A PROCEEDING UNDER THIS  SECTION,
 THE  COURT  SHALL  CONDUCT  A POST-TERMINATION VISITATION AND/OR CONTACT
 HEARING, WHICH MAY BE HELD CONCURRENTLY WITH A DISPOSITIONAL HEARING.
   (A) PARENTS AND SUBJECT CHILDREN WHO ARE PARTIES  TO  THE  TERMINATION
 PROCEEDING UNDER ARTICLE SIX OF THE FAMILY COURT ACT OR THIS SECTION, AS
 WELL  AS THE SUBJECT CHILD'S FOSTER PARENTS, OR KINSHIP CAREGIVER, SHALL
 HAVE NOTICE OF AND STANDING TO PARTICIPATE IN THE  BEST  INTEREST  POST-
 TERMINATION VISITATION AND/OR CONTACT HEARING.
   (B) THE APPLICANT SHALL HAVE THE BURDEN OF PROOF THAT POST-TERMINATION
 VISITATION AND/OR CONTACT IS IN THE CHILD'S BEST INTEREST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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