NY State Senate Bill 2023-S7260

Current Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
May 19, 2023	referred to children and families

2023-S7260 (ACTIVE) - Details

See Assembly Version of this Bill:: A3588
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§1093 & 1094, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:: A10722

2023-S7260 (ACTIVE) - Summary

Expands the list of those able to commence proceedings alleging that a child is a destitute child to include the child in question, if over 14 years of age, and other persons on the court's direction; makes related provisions.

2023-S7260 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7260

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the family court act, in relation to proceedings regard-
ing destitute children

 
PURPOSE:

To protect destitute children by providing the same ability to access,
the courts as children who are seeking to have a guardian appointed and
children who have been abused or neglected.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1093 of the family court act to
provide that in addition to the commissioner of social services, the
child that is the subject of the petition, if such child is over the age
of fourteen, or any other person on the court's direction, may originate
a proceeding under this section alleging that the child is a destitute
child as defined by section 1092 of this article.

Section 2 of the bill amends clauses (A) and (B) of subparagraph (iii)
of paragraph 2 of subdivision (a) of section 1094 of the family court
act to make conforming changes.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

Currently, Article 10-C of the Family Court Act establishes procedures
for placing destitute children under the jurisdiction of the family
court and in the care of the Department of Social Services or another
responsible adult. A "destitute child" is defined in FCA § 1092 as a
child under the age of eighteen who is in a state of want or suffering
due to lack of sufficient food, clothing, shelter, or medical or surgi-
cal care and: (1) does not fit within the definition of an "abused
child" or a "neglected as such terms are defined in § 1012 of this act;
and (2) is without; any parent or caretaker available to sufficiently
care for him or her. The current law allows for only the Commissioner of
Social Services to file a petition to have a child declared destitute.
This limitation differs significantly from two other statutes that
govern the courts' jurisdiction over children who are in need: Family
Court Act § 1032 allows a person to file a petition at the court's
direction to bring a child who has been abused or neglected under the
jurisdiction of the court; and, Surrogate's Court Procedure Act § 1703
allows children over the age of 14 to petition to have a guardian
appointed for them.

FCA § 1032 and SCPA § 1703 thereby ensure that an alternative avenue is
available to place a vulnerable child into a safe home with appropriate
adult supervision when the Commissioner of Social Services or another
responsible adult is either unwilling or unable to file a petition on
behalf of the child.

Modifying the Family Court Act to provide destitute children additional
avenues to access the courts reflects New York's long-standing public
policy of ensuring that vulnerable children are protected.
 
LEGISLATIVE HISTORY:

2021-2022: A.10722

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7260 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7260
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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, 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

 S. 7260                             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.
 S. 7260                             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.

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Senate Bill S7260

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

2023-S7260 (ACTIVE) - Details

2023-S7260 (ACTIVE) - Summary

2023-S7260 (ACTIVE) - Sponsor Memo

2023-S7260 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7260

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Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Children And Families Committee

2023-S7260 (ACTIVE) - Details

2023-S7260 (ACTIVE) - Summary

2023-S7260 (ACTIVE) - Sponsor Memo

2023-S7260 (ACTIVE) - Bill Text download pdf

Comments