senate Bill S6405

Signed By Governor
2019-2020 Legislative Session

Relates to an application of a relative to become a foster parent

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 29, 2019 signed chap.434
Oct 17, 2019 delivered to governor
Jun 18, 2019 returned to senate
passed assembly
ordered to third reading rules cal.301
substituted for a8059
Jun 17, 2019 referred to children and families
delivered to assembly
passed senate
ordered to third reading cal.1458
Jun 07, 2019 referred to rules

Co-Sponsors

S6405 (ACTIVE) - Details

See Assembly Version of this Bill:
A8059
Law Section:
Family Court Act
Laws Affected:
Amd §1028-a, Fam Ct Act

S6405 (ACTIVE) - Summary

Provides that upon the application of a relative to become a foster parent of a child in foster care, the court shall hold a hearing to determine whether the child should be placed with a relative in foster care only if the person is related to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law and if other circumstances are present.

S6405 (ACTIVE) - Sponsor Memo

S6405 (ACTIVE) - Bill Text download pdf


                    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

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