senate Bill S4203

2019-2020 Legislative Session

Relates to orders committing guardianship and custody of a child

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Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2019 returned to senate
passed assembly
Jun 17, 2019 ordered to third reading rules cal.244
substituted for a2199a
Jun 14, 2019 referred to codes
delivered to assembly
passed senate
Jun 11, 2019 amended on third reading 4203a
May 20, 2019 advanced to third reading
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.764
Mar 04, 2019 referred to children and families

Votes

view votes

May 14, 2019 - Children and Families committee Vote

S4203
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 14, 2019

aye wr (2)

Co-Sponsors

S4203 - Details

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:
S5790

S4203 - Summary

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

S4203 - Sponsor Memo

S4203 - Bill Text download pdf


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

                                  4203

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

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:
  §  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

S4203A (ACTIVE) - Details

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:
S5790

S4203A (ACTIVE) - Summary

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

S4203A (ACTIVE) - Sponsor Memo

S4203A (ACTIVE) - Bill Text download pdf


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

                                 4203--A
    Cal. No. 764

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

Introduced  by  Sens.  SAVINO, MONTGOMERY, RIVERA, SALAZAR -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Children and Families -- reported favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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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