NY State Senate Bill S6074A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2022	referred to ways and means delivered to assembly passed senate
Mar 09, 2022	amended on third reading 6074a
Jan 18, 2022	advanced to third reading
Jan 12, 2022	2nd report cal.
Jan 11, 2022	1st report cal.126 reported and committed to finance
Jan 05, 2022	referred to judiciary returned to senate died in assembly
Jun 02, 2021	referred to children and families delivered to assembly passed senate
May 24, 2021	ordered to third reading cal.1289 committee discharged and committed to rules
May 11, 2021	reported and committed to finance
Apr 05, 2021	referred to judiciary

Votes

view votes

Mar 21, 2022 - floor Vote

S6074A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 11, 2022 - Finance committee Vote

S6074

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 11, 2022 - Judiciary committee Vote

S6074

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 2, 2021 - floor Vote

S6074

floor

Aye

Nay

Absent

Excused

Abstained

May 24, 2021 - Rules committee Vote

S6074

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 11, 2021 - Judiciary committee Vote

S6074

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6074 - Details

See Assembly Version of this Bill:: A2581
Law Section:: Family Court Act
Laws Affected:: Amd §§262 & 1094, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5434, A7586
2023-2024: S478, A2526

S6074 - Summary

Relates to expanding the right to assistance of counsel to include respondents in guardianship proceedings and kinship caregivers in custody and guardianship proceedings.

S6074 - Sponsor Memo

 
BILL NUMBER: S6074

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the family court act, in relation to expanding the right
to assistance of counsel to include petitioner kinship caregivers in
custody and guardianship proceedings and respondents in guardianship
proceedings

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide assigned counsel to indigent kinship caregivers in custody
and guardianship proceedings

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (a) of section 262 of the family court act
to provide assigned counsel to kinship caregivers in custody and guardi-
anship proceedings.

Section 2 amends paragraph 1 of subdivision (a) of section 1094 of the
family court act to make a corresponding right to assignment of counsel
to kinship caregivers in Article 10 proceedings.

Section 3 is the effective date.

 
JUSTIFICATION:

When parents are unable to continue parenting due to unfortunate circum-
stances, New York often relies on kin to provide care for children.

Kinship caregivers are a valuable resource, keeping children in extended
families and out of foster care. This bill defines a kinship caregiver
as a person described in paragraph(a),(b)or(c)of subdivision 3 of
section 458-a of the social services law and acting as a parent of a
child.

Indigent kinship caregivers do not have a right to counsel when they
seek custody or guardianship in family court, and while some judges
occasionally assign counsel, many do not. Providing assignment of coun-
sel for indigent kinship caregivers will ensure that custody and guardi-
anship petitions are timely and fully considering the best interests of
children.

Additionally, New York's kinship guardian assistance program (KinGAP),
section 458a-f of the social services law, helps children to leave
foster care and to enter into the homes of kinship guardians. Under the
current law, financial assistance is provided to kinship guardians
during the petitioning process but not to indigent kinship guardians who
are subsequently, challenged.

Social justice impact: Incidents of neglect by biological parents, often
due to drug/alcohol abuse, are common reasons for children to live with
kinship caregivers. Ensuring that kinship caregivers can seek custody or
guardianship and that respondent guardians are provided counsel in fami-
ly court will provide for more balanced adjudications that produce the
best outcomes for children, without undermining parental rights.

 
PRIOR LEGISLATIVE HISTORY:

ASSEMBLY

A.7586 of 2019
05/10/19 referred to children and families
01/08/20 referred to children and families

SENATE

S.5434 of 2019
05/01/19 REFERRED TO JUDICIARY
01/08/20 REFERRED TO JUDICIARY

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date of which is shall have become law.

S6074 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6074
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to expanding the right
   to assistance of counsel to include petitioner kinship  caregivers  in
   custody  and  guardianship proceedings and respondents in guardianship
   proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 262 of the family court act, as
 added by chapter 682 of the laws  of  1975,  the  opening  paragraph  as
 amended  by  section 3 of part A of chapter 3 of the laws of 2005, para-
 graphs (i) and (iv) as amended and paragraph (ix) as added by chapter  3
 of  the  laws  of  2012, paragraph (ii) as amended by chapter 693 of the
 laws of 1981, paragraph (iii) as amended by chapter 666 of the  laws  of
 1976,  and paragraph (viii) as added by chapter 456 of the laws of 1978,
 is amended to read as follows:
   (a) Each of the persons described below in this  subdivision  has  the
 right  to  the  assistance of counsel. When such person first appears in
 court, the judge shall advise such person before proceeding that  he  or
 she  has the right to be represented by counsel of his or her own choos-
 ing, of the right to have an adjournment to confer with counsel, and  of
 the  right to have counsel assigned by the court in any case where he or
 she is financially unable to obtain the same:
   (i) the respondent in any proceeding under article  ten  or  ten-A  of
 this  act and the petitioner in any proceeding under part eight of arti-
 cle ten of this act;
   (ii) the petitioner and the respondent in any proceeding under article
 eight of this act;
   (iii) the respondent in any proceeding under part  three  OR  FOUR  of
 article six of this act;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01510-01-1

 S. 6074                             2
 
   (iv) the parent or person legally responsible, foster parent, or other
 person  having  physical or legal custody of the child in any proceeding
 under article ten or ten-A of this act or section three  hundred  fifty-
 eight-a, three hundred eighty-four or three hundred eighty-four-b of the
 social  services  law,  and a non-custodial parent or grandparent served
 with notice pursuant to paragraph (e)  of  subdivision  two  of  section
 three hundred eighty-four-a of the social services law;
   (v) the parent of any child seeking custody or contesting the substan-
 tial  infringement  of his or her right to custody of such child, in any
 proceeding before the court in  which  the  court  has  jurisdiction  to
 determine such custody;
   (vi)  ANY PERSON ACTING AS A PARENT OF A CHILD, WHO IS SEEKING CUSTODY
 OR GUARDIANSHIP OF SUCH CHILD UNDER PART THREE OR FOUR OF ARTICLE SIX OF
 THIS ACT, AND WHO IS A KINSHIP CAREGIVER OF SUCH CHILD. FOR THE PURPOSES
 OF THIS PARAGRAPH THE TERM  KINSHIP  CAREGIVER  SHALL  MEAN  ANY  PERSON
 DESCRIBED  UNDER  PARAGRAPH  (A),  (B),  OR  (C) OF SUBDIVISION THREE OF
 SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW;
   (VII) any person in any proceeding before the court in which an  order
 or  other  determination is being sought to hold such person in contempt
 of the court or in willful violation of a previous order of  the  court,
 except  for  a  contempt  which  may be punished summarily under section
 seven hundred fifty-five of the judiciary law;
   [(vii)] (VIII) the parent of a child in any  adoption  proceeding  who
 opposes the adoption of such child[.];
   [(viii)]  (IX)  the respondent in any proceeding under article five of
 this act in relation to the establishment of paternity[.]; AND
   [(ix)] (X) in a proceeding under article ten-C of this act:
   (1) a parent or caretaker as such terms are  defined  in  section  one
 thousand ninety-two of this act;
   (2)  an  interested adult as such term is defined in section one thou-
 sand ninety-two of this act provided that:
   (A) the child alleged to be destitute in the proceeding held  pursuant
 to  article  ten-C  of this act was removed from the care of such inter-
 ested adult;
   (B) the child alleged to be destitute in the proceeding held  pursuant
 to article ten-C of this act resides with the interested adult; or
   (C)  the child alleged to be destitute in the proceeding held pursuant
 to article ten-C of this act resided with such  interested  adult  imme-
 diately  prior to the filing of the petition under article ten-C of this
 act;
   (3) any interested adult as such term is defined in section one  thou-
 sand  ninety-two  of  this act or any person made a party to the article
 ten-C proceeding pursuant to subdivision (c)  of  section  one  thousand
 ninety-four  of  this  act  for  whom the court orders counsel appointed
 pursuant to subdivision (d) of section one thousand ninety-four of  this
 act.
   §  2.  Paragraph  1  of  subdivision (a) of section 1094 of the family
 court act, as amended by chapter 3 of the laws of 2012,  is  amended  to
 read as follows:
   (1)  appoint  an  attorney  to  represent the child in accordance with
 section two hundred forty-nine of this act, and appoint an  attorney  to
 represent  a  parent,  caretaker  or interested adult in accordance with
 paragraph [(ix)] (X) of subdivision (a) of section two hundred sixty-two
 of this act, if he or she is financially unable to obtain counsel;
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.

Co-Sponsors

S6074A (ACTIVE) - Details

See Assembly Version of this Bill:: A2581
Law Section:: Family Court Act
Laws Affected:: Amd §§262 & 1094, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5434, A7586
2023-2024: S478, A2526

S6074A (ACTIVE) - Summary

Relates to expanding the right to assistance of counsel to include respondents in guardianship proceedings and kinship caregivers in custody and guardianship proceedings.

S6074A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6074A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the family court act, in relation to expanding the right
to assistance of counsel to include petitioner kinship caregivers in
custody and guardianship proceedings and respondents in guardianship
proceedings

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide assigned counsel to indigent kinship caregivers in custody
and guardianship proceedings

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (a) of section 262 of the family court act
to provide assigned counsel to kinship caregivers in custody and guardi-
anship proceedings.

Section 2 amends paragraph 1 of subdivision (a) of section 1094 of the

family court act to make a corresponding right to assignment of counsel
to kinship caregivers in Article 10 proceedings.

Section 3 is the effective date.

 
JUSTIFICATION:

When parents are unable to continue parenting due to unfortunate circum-
stances, New York often relies on kin to provide care for children.

Kinship caregivers are a valuable resource, keeping children in extended
families and out of foster care. This bill defines a kinship caregiver
as a person described in paragraph(a),(b)or(c)of subdivision 3 of
section 458-a of the social services law and acting as a parent of a
child.

Indigent kinship caregivers do not have a right to counsel when they
seek custody or guardianship in family court, and while some judges
occasionally assign counsel, many do not. Providing assignment of coun-
sel for indigent kinship caregivers will ensure that custody and guardi-
anship petitions are timely and fully considering the best interests of
children.

Additionally, New York's kinship guardian assistance program (KinGAP),
section 458a-f of the social services law, helps children to leave
foster care and to enter into the homes of kinship guardians. Under the
current law, financial assistance is provided to kinship guardians
during the petitioning process but not to indigent kinship guardians who
are subsequently, challenged.

Social justice impact: Incidents of neglect by biological parents, often
due to drug/alcohol abuse, are common reasons for children to live with
kinship caregivers. Ensuring that kinship caregivers can seek custody or
guardianship and that respondent guardians are provided counsel in fami-
ly court will provide for more balanced adjudications that produce the
best outcomes for children, without undermining parental rights.

 
AMENDED BILL

The "A" print of the bill modified the definition of "kinship caregiver"
to match the definition contained in subdivision twenty-two of section
three hundred seventy-one of the social services law.

 
PRIOR LEGISLATIVE HISTORY:

ASSEMBLY

A.7586 of 2019

05/10/19 referred to children and families

01/08/20 referred to children and families

SENATE

S.5434 of 2019

05/01/19 REFERRED TO JUDICIARY

01/08/20 REFERRED TO JUDICIARY

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date of which is shall have become law.

S6074A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6074--A
     Cal. No. 126
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2021
                                ___________
 
 Introduced  by Sens. SALAZAR, BIAGGI, GAUGHRAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  recommitted  to the Committee on Judiciary in accordance with
   Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
   committed  to the Committee on Finance -- 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, in relation to expanding the right
   to assistance of counsel to include petitioner kinship  caregivers  in
   custody  and  guardianship proceedings and respondents in guardianship
   proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 262 of the family court act, as
 added by chapter 682 of the laws  of  1975,  the  opening  paragraph  as
 amended  by  section 3 of part A of chapter 3 of the laws of 2005, para-
 graphs (i) and (iv) as amended and paragraph (ix) as added by chapter  3
 of  the  laws  of  2012, paragraph (ii) as amended by chapter 693 of the
 laws of 1981, paragraph (iii) as amended by chapter 666 of the  laws  of
 1976,  and paragraph (viii) as added by chapter 456 of the laws of 1978,
 is amended to read as follows:
   (a) Each of the persons described below in this  subdivision  has  the
 right  to  the  assistance of counsel. When such person first appears in
 court, the judge shall advise such person before proceeding that  he  or
 she  has the right to be represented by counsel of his or her own choos-
 ing, of the right to have an adjournment to confer with counsel, and  of
 the  right to have counsel assigned by the court in any case where he or
 she is financially unable to obtain the same:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01510-03-2
 S. 6074--A                          2

 
   (i) the respondent in any proceeding under article  ten  or  ten-A  of
 this  act and the petitioner in any proceeding under part eight of arti-
 cle ten of this act;
   (ii) the petitioner and the respondent in any proceeding under article
 eight of this act;
   (iii)  the  respondent  in  any proceeding under part three OR FOUR of
 article six of this act;
   (iv) the parent or person legally responsible, foster parent, or other
 person having physical or legal custody of the child in  any  proceeding
 under  article  ten or ten-A of this act or section three hundred fifty-
 eight-a, three hundred eighty-four or three hundred eighty-four-b of the
 social services law, and a non-custodial parent  or  grandparent  served
 with  notice  pursuant  to  paragraph  (e) of subdivision two of section
 three hundred eighty-four-a of the social services law;
   (v) the parent of any child seeking custody or contesting the substan-
 tial infringement of his or her right to custody of such child,  in  any
 proceeding  before  the  court  in  which  the court has jurisdiction to
 determine such custody;
   (vi) ANY PERSON ACTING AS A PARENT OF A CHILD, WHO IS SEEKING  CUSTODY
 OR GUARDIANSHIP OF SUCH CHILD UNDER PART THREE OR FOUR OF ARTICLE SIX OF
 THIS ACT, AND WHO IS A KINSHIP CAREGIVER OF SUCH CHILD. FOR THE PURPOSES
 OF  THIS  PARAGRAPH  THE  TERM  KINSHIP  CAREGIVER SHALL MEAN ANY PERSON
 DESCRIBED UNDER SUBDIVISION TWENTY-TWO OF SECTION THREE  HUNDRED  SEVEN-
 TY-ONE OF THE SOCIAL SERVICES LAW;
   (VII)  any person in any proceeding before the court in which an order
 or other determination is being sought to hold such person  in  contempt
 of  the  court or in willful violation of a previous order of the court,
 except for a contempt which may  be  punished  summarily  under  section
 seven hundred fifty-five of the judiciary law;
   [(vii)]  (VIII)  the  parent of a child in any adoption proceeding who
 opposes the adoption of such child[.];
   [(viii)] (IX) the respondent in any proceeding under article  five  of
 this act in relation to the establishment of paternity[.]; AND
   [(ix)] (X) in a proceeding under article ten-C of this act:
   (1)  a  parent  or  caretaker as such terms are defined in section one
 thousand ninety-two of this act;
   (2) an interested adult as such term is defined in section  one  thou-
 sand ninety-two of this act provided that:
   (A)  the child alleged to be destitute in the proceeding held pursuant
 to article ten-C of this act was removed from the care  of  such  inter-
 ested adult;
   (B)  the child alleged to be destitute in the proceeding held pursuant
 to article ten-C of this act resides with the interested adult; or
   (C) the child alleged to be destitute in the proceeding held  pursuant
 to  article  ten-C  of this act resided with such interested adult imme-
 diately prior to the filing of the petition under article ten-C of  this
 act;
   (3)  any interested adult as such term is defined in section one thou-
 sand ninety-two of this act or any person made a party  to  the  article
 ten-C  proceeding  pursuant  to  subdivision (c) of section one thousand
 ninety-four of this act for whom  the  court  orders  counsel  appointed
 pursuant  to subdivision (d) of section one thousand ninety-four of this
 act.
   § 2. Paragraph 1 of subdivision (a) of  section  1094  of  the  family
 court  act,  as  amended by chapter 3 of the laws of 2012, is amended to
 read as follows:
 S. 6074--A                          3
 
   (1) appoint an attorney to represent  the  child  in  accordance  with
 section  two  hundred forty-nine of this act, and appoint an attorney to
 represent a parent, caretaker or interested  adult  in  accordance  with
 paragraph [(ix)] (X) of subdivision (a) of section two hundred sixty-two
 of this act, if he or she is financially unable to obtain counsel;
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.

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The New York State Senate

senate Bill S6074A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2022 - floor Vote

Floor Vote: Mar 21, 2022

Jan 11, 2022 - Finance committee Vote

Committee Vote: Jan 11, 2022

Jan 11, 2022 - Judiciary committee Vote

Committee Vote: Jan 11, 2022

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 24, 2021 - Rules committee Vote

Committee Vote: May 24, 2021

May 11, 2021 - Judiciary committee Vote

Committee Vote: May 11, 2021

Bill Amendments

Co-Sponsors

S6074 - Details

S6074 - Summary

S6074 - Sponsor Memo

S6074 - Bill Text download pdf

Co-Sponsors

S6074A (ACTIVE) - Details

S6074A (ACTIVE) - Summary

S6074A (ACTIVE) - Sponsor Memo

S6074A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6074A

Share this bill

Sponsored By

Julia Salazar

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2022 - floor Vote

Floor Vote: Mar 21, 2022

Jan 11, 2022 - Finance committee Vote

Committee Vote: Jan 11, 2022

Jan 11, 2022 - Judiciary committee Vote

Committee Vote: Jan 11, 2022

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 24, 2021 - Rules committee Vote

Committee Vote: May 24, 2021

May 11, 2021 - Judiciary committee Vote

Committee Vote: May 11, 2021

Bill Amendments

Co-Sponsors

Alessandra Biaggi

James Gaughran

S6074 - Details

S6074 - Summary

S6074 - Sponsor Memo

S6074 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

James Gaughran

Pete Harckham

S6074A (ACTIVE) - Details

S6074A (ACTIVE) - Summary

S6074A (ACTIVE) - Sponsor Memo

S6074A (ACTIVE) - Bill Text download pdf

Comments