S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3588
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the family court act, in relation to proceedings regard-
   ing destitute children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1093 of the family court act, as added  by  chapter
 605 of the laws of 2011, subdivisions (a) and (b), paragraphs 1 and 2 of
 subdivision  (c) and subdivision (d) as amended by chapter 3 of the laws
 of 2012, is amended to read as follows:
   § 1093. Originating proceedings. (a) Filing of the petition.  [Only  a
 commissioner  of  social  services may originate a proceeding under this
 article.]  (1) A proceeding under this article may be originated by  the
 filing  of  a  petition  alleging that the child is a destitute child as
 defined by section one thousand ninety-two of this article.  [A  commis-
 sioner  of  social services, who accepts the care and custody of a child
 appearing to be a destitute child,  shall  provide  for  such  child  as
 authorized  by  law,  including but not limited to section three hundred
 ninety-eight of the social services  law,  and  shall  file  a  petition
 pursuant  to  this  section within fourteen days upon accepting the care
 and custody of such child.]
   (2) (I) THE FOLLOWING PERSONS MAY  ORIGINATE  PROCEEDINGS  UNDER  THIS
 SECTION:
   (A) A COMMISSIONER OF SOCIAL SERVICES;
   (B)  THE  CHILD  THAT IS THE SUBJECT OF THE PETITION, IF SUCH CHILD IS
 OVER THE AGE OF FOURTEEN; OR
   (C) ANY OTHER PERSON ON THE COURT'S DIRECTION.
   (II) A PERSON SEEKING TO FILE A  PETITION  ON  THE  COURT'S  DIRECTION
 PURSUANT  TO CLAUSE (C) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL HAVE
 ACCESS TO THE COURT FOR THE PURPOSE OF MAKING AN  EX  PARTE  APPLICATION
 THEREFOR.  NOTHING IN THIS SECTION SHALL BE INTENDED TO PREVENT A FAMILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05149-01-3
              

 A. 3588                             2
 
 COURT JUDGE FROM REQUIRING SUCH PERSON TO FIRST REPORT TO AN APPROPRIATE
 CHILD PROTECTIVE AGENCY.
   (3) A COMMISSIONER OF SOCIAL SERVICES WHO ACCEPTS THE CARE AND CUSTODY
 OF  A  CHILD  APPEARING  TO BE A DESTITUTE CHILD, SHALL PROVIDE FOR SUCH
 CHILD AS AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED TO  SECTION  THREE
 HUNDRED  NINETY-EIGHT OF THE SOCIAL SERVICES LAW, AND SHALL FILE A PETI-
 TION PURSUANT TO THIS SECTION WITHIN FOURTEEN DAYS  UPON  ACCEPTING  THE
 CARE AND CUSTODY OF SUCH CHILD.
   (b)  Venue. A petition under this article shall be filed in the family
 court located in the  county  where  the  child  resides  or  is  found;
 provided  however, that upon the motion of any party or the attorney for
 the child, the court may transfer a petition filed under this article to
 a county the court deems to be more appropriate under the circumstances,
 including, but not limited to, a county located  within  a  jurisdiction
 where the child is domiciled or has another significant nexus.
   (c)  Contents  of  the  petition.  (1)  The petition shall allege upon
 information and belief:
   (i) IF THE PETITIONER IS NOT THE CHILD IN QUESTION, the  manner,  date
 and circumstance under which the child became known to the petitioner;
   (ii) the child's date of birth, if known;
   (iii)  that  the  child is a destitute child as defined in subdivision
 (a) of section one thousand ninety-two of this article and the basis for
 the allegation;
   (iv) the identity of the parent or parents of the child  in  question,
 if known;
   (v) whether the parent or parents of the child are living or deceased,
 if known;
   (vi) the whereabouts and last known address for the parent or parents,
 if known;
   (vii) the identity of a caretaker or interested adult, if known;
   (viii) the efforts, if any, which were made prior to the filing of the
 petition  to  prevent any removal of the child from the home and if such
 efforts were not made, the reasons such efforts were not made; and
   (ix) the efforts, if any, which were made prior to the filing  of  the
 petition to allow the child to return or remain safely home, and if such
 efforts were not made, the reasons such efforts were not made.
   (2) The petition shall contain a notice in conspicuous print providing
 that  if the child remains in foster care for fifteen of the most recent
 twenty-two months, the agency may be required by law to file a  petition
 to terminate parental rights.
   (d)  Service  of summons. (1) Upon the filing of a petition under this
 article, if a living parent, caretaker or interested adult is identified
 in the petition, the court shall cause a copy  of  the  petition  and  a
 summons  to be issued the same day the petition is filed, requiring such
 parent, caretaker or interested adult to appear in court on  the  return
 date  to answer the petition. If the court deems a person a party to the
 proceeding pursuant to subdivision (c) of section one  thousand  ninety-
 four  of  this  article  and if such person is not before the court, the
 court shall cause a copy of the petition and a  summons  requiring  such
 person  to  appear in court on the return date be served on such person.
 IF  THE  COMMISSIONER  OF  SOCIAL  SERVICES  HAS  NOT   ORIGINATED   THE
 PROCEEDINGS, THE COURT SHALL CAUSE A COPY OF THE PETITION AND SUMMONS TO
 BE  SERVED  UPON THE COMMISSIONER OF SOCIAL SERVICES REQUIRING THAT SUCH
 COMMISSIONER OR HIS OR HER DESIGNEE APPEAR IN COURT ON THE RETURN DATE.
 A. 3588                             3
 
   (2) Service of a summons and petition under this article shall be made
 by delivery of a true copy thereof to the person summoned at least twen-
 ty-four hours before the time stated therein for appearance.
   (3)  The  court  may send process without the state in the same manner
 and with the same effect as process sent within the state in  the  exer-
 cise  of  personal jurisdiction over any person subject to the jurisdic-
 tion of the court under section three hundred one or three  hundred  two
 of the civil practice law and rules, notwithstanding that such person is
 not  a  resident  or domiciliary of the state. Where service is effected
 outside of the state of New York  on  a  parent,  caretaker,  interested
 adult  or  person made a party to the proceeding pursuant to subdivision
 (c) of section one thousand ninety-four of this article and such  person
 defaults  by  failing to appear to answer the petition, the court may on
 its own motion, or upon application of any party or the attorney for the
 child proceed to a hearing pursuant to section one thousand  ninety-five
 of this article.
   (4)  If  after  reasonable  effort,  personal service is not made, the
 court may at any stage in the proceedings make an  order  providing  for
 substituted  service  in  the manner provided for substituted service in
 civil process in courts of record.
   § 2. Clauses (A) and (B) of  subparagraph  (iii)  of  paragraph  2  of
 subdivision  (a)  of section 1094 of the family court act, clause (A) as
 amended by chapter 3 of the laws of 2012 and  clause  (B)  as  added  by
 chapter 605 of the laws of 2011, are amended to read as follows:
   (A)  direct the [petitioner] COMMISSIONER OF SOCIAL SERVICES to inves-
 tigate whether there are any parents, caretakers  or  interested  adults
 not  named  in  the  petition  or  any other relatives or other suitable
 persons with whom the child may safely reside and,  if  so,  direct  the
 child to reside temporarily in their care; and
   (B)  if a relative or other suitable person seeks approval to care for
 the child as a foster parent, direct the  [petitioner]  COMMISSIONER  OF
 SOCIAL SERVICES to commence an investigation into the home of such rela-
 tive  and  thereafter approve such relative or other suitable person, if
 qualified, as a foster parent; provided, however, that if such  home  is
 found  to  be unqualified for approval, the petitioner shall report such
 fact to the court forthwith and, in the case of  a  relative  who  seeks
 approval  to  care  for  the  child as a foster parent, the relative may
 proceed in accordance with section one thousand twenty-eight-a  of  this
 act.
   § 3. This act shall take effect immediately.