Assembly Bill A10603

2021-2022 Legislative Session

Establishes procedures regarding orders of post-termination visitation and/or contact between a child and such child's parent

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A10603 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §634, Fam Ct Act; amd §384-b, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:
A5394, A9000

2021-A10603 (ACTIVE) - Summary

Establishes procedures regarding orders of post-termination visitation and/or contact between a child and such child's parent and for modification of such orders.

2021-A10603 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10603
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   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 establishing procedures regarding orders of post-termina-
   tion visitation and/or contact between a child and such child's parent

   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 OF THIS
 PART committing the guardianship and custody of the child to  the  peti-
 tioner 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
 five new subdivisions 14, 15, 16, 17 and 18 to read as follows:
   14. (A) UPON APPLICATION BY ANY  PARTY  TO  A  PROCEEDING  UNDER  THIS
 SECTION,  (I)  THE  COURT SHALL ORDER POST-TERMINATION VISITATION AND/OR
 CONTACT BETWEEN THE CHILD AND SUCH CHILD'S PARENT WHO IS A PARTY TO SUCH
 PROCEEDING ON SUCH TERMS AND CONDITIONS AS MAY BE  AGREED  UPON  BY  THE
 PARENT,  THE  CHILD, AND THE FOSTER PARENT OR AUTHORIZED AGENCY PRIOR TO
 THE ENTRY OF AN ORDER COMMITTING THE GUARDIANSHIP  AND  CUSTODY  OF  THE
 CHILD;  OR (II) IF ANY PARTY DOES NOT CONSENT, THE COURT MAY ORDER POST-
 TERMINATION VISITATION AND/OR CONTACT BETWEEN THE CHILD AND THE  CHILD'S
 PARENT  AFTER  A  HEARING AT WHICH THE COURT HAS DETERMINED THAT (A) THE
 PARTY'S CONSENT IS BEING UNREASONABLY WITHHELD; AND (B) POST-TERMINATION
 VISITATION AND/OR CONTACT WOULD BE IN THE BEST INTEREST OF THE CHILD.
   (B) THE HEARING TO DETERMINE WHETHER THE COURT SHOULD ENTER  AN  ORDER
 OF  POST-TERMINATION  VISITATION AND/OR CONTACT SHALL BE HELD EITHER (I)
 CONCURRENTLY WITH A DISPOSITIONAL HEARING HELD  IN  THE  PROCEEDINGS  TO
 TERMINATE  THE  PARENT'S  RIGHTS PURSUANT TO THIS SECTION; OR (II) IF NO
 DISPOSITIONAL HEARING IS HELD, SUBSEQUENT TO THE CLOSE OF THE FACT-FIND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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