Relates to dependent children before the family court; repealer
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 15, 2026 |
referred to children and families |
S T A T E O F N E W Y O R K
________________________________________________________________________
11405
I N A S S E M B L Y
May 15, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
(at request of the Unified Court System) -- read once and referred to
the Committee on Children and Families
AN ACT to amend the family court act, the social services law, the exec-
utive law, the public health law, the not-for-profit corporations law
and the business corporations law, in relation to dependent children
before the family court; and to repeal certain provisions of the
social services law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (c) of section 115 of the family court act, as
amended by chapter 568 of the laws of 2024, is amended to read as
follows:
(c) The family court has such other jurisdiction as is provided by
law, including but not limited to: proceedings concerning adoption and
custody of children, as set forth in parts two and three of article six
of this act; proceedings concerning the uniform interstate family
support act, as set forth in article five-B of this act; proceedings
concerning children in foster care and care and custody of children, as
set forth in sections three hundred fifty-eight-a and three hundred
eighty-four-a of the social services law and article ten-A of this act;
proceedings concerning former foster children as set forth in article
ten-B of this act; proceedings concerning [destitute] DEPENDENT chil-
dren, as set forth in article ten-C of this act; proceedings concerning
guardianship and custody of children by reason of the death of, or aban-
donment or surrender by, the parent or parents, as set forth in sections
three hundred eighty-three-c, three hundred eighty-four and paragraphs
(a) and (b) of subdivision four of section three hundred eighty-four-b
of the social services law; proceedings concerning standby guardianship
and guardianship of the person as set forth in part four of article six
of this act and article seventeen of the surrogate's court procedure
act; proceedings concerning the interstate compact on juveniles as set
forth in chapter one hundred fifty-five of the laws of nineteen hundred
fifty-five, as amended; proceedings concerning the interstate compact on
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14967-01-6
A. 11405 2
the placement of children, as set forth in section three hundred seven-
ty-four-a of the social services law; proceedings concerning the uniform
child custody jurisdiction and enforcement act, as set forth in article
five-A of the domestic relations law; and proceedings concerning the
change of the name of a child as set forth in section sixty of the civil
rights law.
§ 2. Subparagraph 2 of paragraph (ix) of subdivision (a) of section
262 of the family court act, as added by chapter 3 of the laws of 2012,
is amended to read as follows:
(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] DEPENDENT in the proceeding
held pursuant to article ten-C of this act was removed from the care of
such interested adult;
(B) the child alleged to be [destitute] DEPENDENT 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] DEPENDENT in the proceeding
held pursuant to article ten-C of this act resided with such interested
adult immediately prior to the filing of the petition under article
ten-C of this act;
§ 3. The article heading of article 10-C of the family court act, as
added by chapter 605 of the laws of 2011, is amended to read as follows:
[DESTITUTE] DEPENDENT CHILDREN
§ 4. Subdivisions (a), (c) and (f) of section 1092 of the family
court act, subdivisions (a) and (c) as amended and subdivision (f) as
added by chapter 3 of the laws of 2012, are amended and a new subdivi-
sion (g) is added to read as follows:
(a) "[destitute] DEPENDENT child" shall mean a child under the age of
eighteen, OR, UPON APPLICATION OF THE CHILD OR WITH THE CHILD'S CONSENT,
UNDER THE AGE OF TWENTY-ONE OR, PURSUANT TO SUBDIVISION (D) OF SECTION
ONE THOUSAND EIGHTY-EIGHT OF THIS ACT, TWENTY-THREE, who is:
(1) in a state of [want or suffering] NEED due to lack of sufficient
food, clothing, shelter, or medical or surgical care and:
[(1)] (I) does not fit within the definition of an "abused child" or a
"neglected child" as such terms are defined in section one thousand
twelve of this act; and
[(2)] (II) is without any parent or caretaker available to [suffi-
ciently] PROVIDE SUFFICIENT care [for him or her], due to:
[(i)] (A) the death of a parent or caretaker; or
[(ii)] (B) the incapacity or debilitation of a parent or caretaker,
where such incapacity or debilitation would prevent such parent or care-
taker from being able to knowingly and voluntarily enter into a written
agreement to transfer the care and custody of [said] THE child pursuant
to section three hundred fifty-eight-a or three hundred eighty-four-a of
the social services law; or
[(iii)] (C) the inability of the commissioner of social services to
locate any parent or caretaker, after making reasonable efforts to do
so; or
[(iv)] (D) a parent or caretaker being physically located outside of
the state of New York and the commissioner of social services is or has
been unable to return the child to such parent or caretaker while or
after making reasonable efforts to do so, unless the lack of such
efforts is or was appropriate under the circumstances[.]; OR
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(2) IN THE CUSTODY OF, OR WHOLLY OR PARTLY MAINTAINED BY A STATE OR
LOCAL AGENCY OR DEPARTMENT, OR AN AUTHORIZED AGENCY OR AN INSTITUTION,
SOCIETY OR OTHER ORGANIZATION OF CHARITABLE, ELEEMOSYNARY, CORRECTIONAL,
OR REFORMATORY CHARACTER; OR
(3) RESIDING IN A FEDERAL PLACEMENT, AND HAS NO PARENT OR LEGAL GUARD-
IAN IN THE UNITED STATES WHO IS AVAILABLE OR ABLE TO PROVIDE FOR THE
CHILD'S ESSENTIAL NEEDS OR OBTAIN CUSTODY OR GUARDIANSHIP FOR THEM.
(c) "caretaker" shall mean a person or persons, other than a parent of
a child alleged or adjudicated to be a [destitute] DEPENDENT child
pursuant to this article, who possesses a valid, current court order
providing [him or her] SUCH PERSON with temporary or permanent guardian-
ship or temporary or permanent custody of [said] THE child.
(f) "[Interested] INTERESTED adult" shall mean a person or persons
over the age of eighteen, other than a parent or caretaker, who, at the
relevant time resided with and had responsibility for the day-to-day
care of a child alleged or adjudicated to be [destitute] DEPENDENT.
(G) "FEDERAL PLACEMENT" MEANS ANY FACILITY OR PROGRAM PROVIDING SHEL-
TER OR FOSTER CARE SERVICES TO NON-CITIZEN CHILDREN WITHIN NEW YORK
STATE UNDER A CONTRACT WITH OR OTHER AUTHORIZATION FROM THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF REFUGEE
RESETTLEMENT, OR ANY OTHER FEDERAL GOVERNMENT AGENCY OR OFFICE. FOR THE
PURPOSES OF THIS ARTICLE, SUCH FEDERAL PLACEMENTS ARE AUTHORIZED AGEN-
CIES AND INSTITUTIONS UNDER SECTION THREE HUNDRED SEVENTY-ONE OF THE
SOCIAL SERVICES LAW.
§ 5. Subdivisions (a) and (c) and paragraph 1 of subdivision (d) of
section 1093 of the family court act, subdivision (a), paragraphs 1 and
2 of subdivision (c) and subdivision (d) as amended by chapter 3 of the
laws of 2012 and subdivision (c) as added by chapter 605 of the laws of
2011, are amended to read as follows:
(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] DEPENDENT child as defined by section one
thousand ninety-two of this article. [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 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 THE 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 THE
COURT FROM REQUIRING SUCH PERSON TO FIRST REPORT TO AN APPROPRIATE LOCAL
DEPARTMENT OF SOCIAL SERVICES.
(3) A COMMISSIONER OF SOCIAL SERVICES, WHO ACCEPTS THE CARE AND CUSTO-
DY OF A CHILD APPEARING TO BE A DEPENDENT 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-
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TION PURSUANT TO THIS SECTION WITHIN FOURTEEN DAYS UPON ACCEPTING THE
CARE AND CUSTODY OF SUCH CHILD.
(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] DEPENDENT child as defined in
subdivision (a) of section one thousand ninety-two of this article and
the basis for the allegation; PROVIDED, HOWEVER, THAT, WITH RESPECT TO A
CHILD IN A FEDERAL PLACEMENT, FACTS ALLEGED RELATING TO ACTS, OMISSIONS
OR EVENTS OUTSIDE THE UNITED STATES SHALL NOT WITHOUT MORE INFORMATION
REQUIRE REFERRAL TO THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT MAINTAINED PURSUANT TO SECTION FOUR HUNDRED TWENTY-TWO OF
THE SOCIAL SERVICES LAW;
(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, OTHER THAN IN A FEDERAL PLACE-
MENT, for fifteen of the most recent twenty-two months, the agency may
be required by law to file a petition to terminate parental rights.
(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. WITH RESPECT TO A CHILD NOT
IN A FEDERAL PLACEMENT, IF THE COMMISSIONER OF SOCIAL SERVICES HAS NOT
ORIGINATED THE PETITION, THE COURT SHALL CAUSE A COPY OF THE PETITION
AND SUMMONS TO BE PROVIDED BY ELECTRONIC OR OTHER MEANS TO THE COMMIS-
SIONER OF SOCIAL SERVICES REQUIRING THAT SUCH COMMISSIONER OR SUCH
COMMISSIONER'S DESIGNEE APPEAR IN COURT ON THE RETURN DATE.
§ 6. Subparagraph (iii) of paragraph 2 of subdivision (a) and para-
graph 1 of subdivision (c) of section 1094 of the family court act,
subparagraph (iii) of paragraph 2 of subdivision (a) as added by chapter
605 of the laws of 2011, clause (A) of subparagraph (iii) of paragraph 2
of subdivision (a) as amended and paragraph 1 of subdivision (c) as
added by chapter 3 of the laws of 2012, are amended to read as follows:
(iii) upon a determination that the child should be temporarily
placed, OTHER THAN IN A CASE IN WHICH A CHILD IS IN A FEDERAL PLACEMENT:
A. 11405 5
(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.
(1) The court may upon its own motion or the motion of any person,
deem a person not named in the petition who has a significant connection
to the child alleged to be [destitute] DEPENDENT, a party to the
proceeding, if such person consents to being added as a party, and such
action is appropriate under the circumstances.
§ 7. Subdivisions (b), (c), (d), (e), (f) and (g) of section 1095 of
the family court act, as amended by chapter 3 of the laws of 2012, para-
graph 3 of subdivision (e) as amended by chapter 359 of the laws of
2017, are amended and a new subdivision (h) is added to read as follows:
(b) The court shall sustain the petition and make a finding that a
child is [destitute] DEPENDENT if, based upon a preponderance of compe-
tent, material and relevant evidence presented, the court finds that the
child meets the definition of a [destitute] DEPENDENT child as described
in subdivision (a) of section one thousand ninety-two of this article.
If the proof does not conform to the specific allegations of the peti-
tion, the court may amend the allegations to conform to the proof if no
party objects to such conformation.
(c) If the court finds that the child does not meet such definition of
a [destitute] DEPENDENT child or that the aid of the court is not
required, the court shall dismiss the petition, and if applicable,
return a child who was placed in the temporary care of the commissioner
of social services to any parent, caretaker or interested adult;
provided, however, that if the court finds that the child may be in need
of protection under article ten of this act, the court may request the
commissioner of social services to conduct a child protective investi-
gation in accordance with subdivision one of section one thousand thir-
ty-four of this act. The court shall state the grounds for any finding
under this subdivision.
(d) (1) If the court sustains the petition pursuant to subdivision (b)
of this section, it may immediately convene a dispositional hearing or
may adjourn the proceeding for further inquiries to be made prior to
disposition provided however, that if a petition pursuant to article six
of this act has been filed by a person or persons seeking custody or
guardianship of the child, or if a petition pursuant to article seven-
teen of the surrogate's court procedure act seeking guardianship of the
child has been filed, the court shall consolidate the dispositional
hearing with a hearing under section one thousand ninety-six of this
article, unless consolidation would not be appropriate under the circum-
stances. If the court does not consolidate such dispositional
proceedings it shall hold the dispositional hearing under this section
in abeyance pending the disposition of the petition filed pursuant to
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article six of this act or article seventeen of the surrogate's court
procedure act. Based upon material and relevant evidence presented at
the dispositional hearing, the court shall enter an order of disposition
stating the grounds for its order and directing one of the following
alternatives:
[(1)] (I) placing the child in the care and custody of the commission-
er of social services; or
[(2)] (II) granting an order of custody or guardianship to relatives
or suitable persons pursuant to a petition under article six of this act
or guardianship of the child to a relative or suitable person under
article seventeen of the surrogate's court procedure act and in accord-
ance with section one thousand ninety-six of this article[.]; OR
(III) FREEING THE CHILD FOR ADOPTION AND GRANTING GUARDIANSHIP AND
CUSTODY TO THE COMMISSIONER OF SOCIAL SERVICES FOR THE PURPOSES OF
CONSENTING TO AN ADOPTION WHERE BOTH OF THE CHILD'S PARENTS ARE
DECEASED, OR WHERE ONE OF THE CHILD'S PARENTS IS DECEASED AND THE OTHER
PARENT IS NOT ENTITLED TO CONSENT OR NOTICE PURSUANT TO SECTIONS ONE
HUNDRED ELEVEN AND ONE HUNDRED ELEVEN-A OF THE DOMESTIC RELATIONS LAW OR
SECTION THREE HUNDRED EIGHTY-FOUR-C OF THE SOCIAL SERVICES LAW AND NO
OTHER GUARDIAN OR CUSTODIAN HAS BEEN APPOINTED; OR
(IV) IN THE CASE OF A CHILD IN A FEDERAL PLACEMENT, ISSUING AN ORDER
RECOGNIZING THE PLACEMENT AND INCLUDING SERVICES AND OTHER PROVISIONS
NECESSARY TO PROTECT THE CHILD'S SAFETY AND WELL-BEING, PROVIDED, HOWEV-
ER, THAT THE COURT SHALL NOT ALTER THE CUSTODY OF THE CHILD WITHOUT THE
CONSENT OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(2) THE COURT SHALL MAINTAIN CONTINUING JURISDICTION OVER THE PROCEED-
ING UNTIL THE CHILD REACHES THE AGE OF EIGHTEEN, UNLESS THE CHILD
CONSENTS TO A CONTINUATION OF JURISDICTION UNTIL THE CHILD REACHES THE
AGE OF TWENTY-ONE OR, PURSUANT TO PARAGRAPH (II) OF SUBDIVISION (D) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS ACT, TWENTY-THREE.
(e) If the child has been placed pursuant to SUBPARAGRAPH (I) OF para-
graph one of subdivision (d) of this section, the court shall include
the following in its order:
(1) a date certain for the permanency hearing in accordance with para-
graph two of subdivision (a) of section one thousand eighty-nine of this
act;
(2) a description of the plan for the child to visit with [his or her]
THE CHILD'S parent or parents unless contrary to the child's best inter-
ests;
(3) a direction that the child be placed together with or, at minimum,
to visit and have regular communication with, [his or her] THE CHILD'S
siblings, if any, unless contrary to the best interests of the child
and/or the siblings and may incorporate an order issued pursuant to part
eight of article ten of this chapter in accordance with subdivision (f)
of this section;
(4) a direction that the child's parent or parents be notified of any
planning conferences to be held pursuant to subdivision three of section
four hundred nine-e of the social services law, of their right to attend
such conferences and to have counsel or another representative or
companion with them;
(5) if the child is or will be fourteen or older by the date of the
permanency hearing, the services and assistance that may be necessary to
assist the child in learning independent living skills; and
(6) a notice 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.
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(f) If the child has been placed pursuant to SUBPARAGRAPH (I) OF para-
graph one of subdivision (d) of this section, the provisions of part
eight of article ten of this act shall be applicable.
(g) If the court makes an order pursuant to SUBPARAGRAPH (I) OF para-
graph one of subdivision (d) of this section, the court may include a
direction for the commissioner of social services to provide or arrange
for services or assistance, limited to those authorized or required to
be made available under the comprehensive annual services program plan
then in effect, to ameliorate the conditions that formed the basis for
the fact-finding under this section and, if the child has been placed in
the care and custody of the commissioner of social services, to facili-
tate the child's permanency plan.
(H) IF THE CHILD HAS BEEN FREED FOR ADOPTION PURSUANT TO SUBPARAGRAPH
(III) OF PARAGRAPH ONE OF SUBDIVISION (D) OF THIS SECTION, THE COURT
SHALL INCLUDE THE FOLLOWING IN ITS ORDER:
(1) A DATE CERTAIN FOR THE PERMANENCY HEARING IN ACCORDANCE WITH PARA-
GRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS
ACT;
(2) A DIRECTION THAT THE CHILD BE PLACED TOGETHER WITH OR, AT MINIMUM,
TO VISIT AND HAVE REGULAR COMMUNICATION WITH, THE CHILD'S SIBLINGS, IF
ANY, UNLESS CONTRARY TO THE BEST INTERESTS OF THE CHILD AND/OR THE
SIBLINGS;
(3) IF THE CHILD IS OR WILL BE FOURTEEN OR OLDER BY THE DATE OF THE
PERMANENCY HEARING, THE SERVICES AND ASSISTANCE THAT MAY BE NECESSARY TO
ASSIST THE CHILD IN LEARNING INDEPENDENT LIVING SKILLS; AND
(4) A DIRECTION FOR THE COMMISSIONER OF SOCIAL SERVICES TO PROVIDE OR
ARRANGE FOR SERVICES OR ASSISTANCE, LIMITED TO THOSE AUTHORIZED OR
REQUIRED TO BE MADE AVAILABLE UNDER THE COMPREHENSIVE ANNUAL SERVICES
PROGRAM PLAN THEN IN EFFECT, TO FACILITATE THE CHILD'S PERMANENCY PLAN.
§ 8. Paragraphs 4 and 5 of subdivision (a) and subdivision (b) of
section 1096 of the family court act, as added by chapter 3 of the laws
of 2012, are amended to read as follows:
(4) all parties to the [destitute] DEPENDENT child proceeding consent
to the granting of custody or guardianship under article six of this act
or article seventeen of the surrogate's court procedure act; or
(5) after a consolidated fact finding and dispositional hearing on the
[destitute] DEPENDENT child petition and the petition under article six
of this act or article seventeen of the surrogate's court procedure act:
(i) if a parent or parents fail to consent to the granting of custody
or guardianship under article six of this act or guardianship under
article seventeen of the surrogate's court procedure act, the court
finds that extraordinary circumstances exist that support granting an
order of custody or guardianship under article six of this act or guar-
dianship under article seventeen of the surrogate's court procedure act;
or
(ii) if the parent or parents consent and a party other than a parent
fails to consent to the granting of custody or guardianship under arti-
cle six of this act or guardianship under article seventeen of the
surrogate's court procedure act, the court finds that granting custody
or guardianship of the child to the relative or suitable person is in
the best interests of the child.
(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section and shall constitute the final disposition of the [desti-
tute] DEPENDENT child proceeding. Notwithstanding any other provision of
law, the court shall not issue an order of supervision nor may the court
A. 11405 8
require the local department of social services to provide services to
the parent, parents, caretaker or interested adult when granting custody
or guardianship pursuant to article six of this act or guardianship
under article seventeen of the surrogate's court procedure act under
this section.
§ 9. Subdivision 1 of section 110-a of the social services law, as
amended by chapter 456 of the laws of 1978, is amended to read as
follows:
1. Any inconsistent provision of law notwithstanding, the appropriat-
ing body of a social services district may authorize and make provision
for the social services commissioner of such district to obtain: (a)
necessary legal services on a fee for service basis or other appropriate
basis which the department may approve, to obtain support from spouses
and parents, to recover costs of public assistance and care granted, to
establish paternity, and to initiate and prosecute proceedings for the
commitment of the guardianship and custody of [destitute or] dependent
children to authorized agencies, pursuant to the provisions of this
chapter and the domestic relations law, the family court act and other
laws, and (b) necessary services of private investigators, licensed
pursuant to section seventy of the general business law, on a fee for
service or other appropriate basis which the department may approve, to
provide investigative assistance in efforts of the district to locate
absent parents and fathers of children born out of wedlock.
§ 10. Subdivision 4 of section 153 of the social services law, as
added by chapter 462 of the laws of 1987, is amended to read as follows:
4. For the purpose of this title, expenditures made by social services
districts, cities, towns and any Indian tribe that has entered into an
agreement with the department pursuant to section thirty-nine of this
chapter for the care and maintenance of neglected, abused, abandoned or
[destitute] DEPENDENT children who have been remanded, discharged or
committed pursuant to the family court act of the state of New York
shall, if approved by the department, be subject to reimbursement by the
state in accordance with and to the extent authorized by the provisions
of subdivision one.
§ 11. Subdivision 3 of section 371 of the social services law, as
amended by chapter 3 of the laws of 2012, is amended to read as follows:
3. "[Destitute] DEPENDENT child" means:
(a) a child under the age of eighteen, OR, PURSUANT TO ARTICLE TEN-C
OF THE FAMILY COURT ACT, UPON APPLICATION OF THE CHILD OR WITH THE
CHILD'S CONSENT, UNDER THE AGE OF TWENTY-ONE OR, PURSUANT TO SUBDIVISION
(D) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF SUCH ACT, TWENTY-THREE, who
is:
(I) in a state of [want or suffering] NEED due to lack of sufficient
food, clothing, shelter, or medical or surgical care; and:
[(i)] (A) does not fit within the definition of an "abused child" or a
"neglected child" as such terms are defined in section one thousand
twelve of the family court act; and
[(ii)] (B) is without any parent or caretaker as such term is defined
in section one thousand ninety-two of the family court act, available to
[sufficiently] PROVIDE SUFFICIENT care [for him or her], due to:
[(A)] (1) the death of a parent or caretaker; or
[(B)] (2) the incapacity or debilitation of a parent or caretaker,
where such incapacity or debilitation would prevent such parent or care-
taker from being able to knowingly and voluntarily enter into a written
agreement to transfer the care and custody of [said] THE child pursuant
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to section three hundred fifty-eight-a or three hundred eighty-four-a of
the social services law; or
[(C)] (3) the inability of the local social services district to
locate any parent or caretaker, after making reasonable efforts to do
so; or
[(D)] (4) the parent or caretaker being physically located outside of
the state of New York and the local social services district is or has
been unable to return said child to such parent or caretaker while or
after making reasonable efforts to do so, unless the lack of such
efforts is or was appropriate under the circumstances; OR
(II)(A) WHO IS IN THE CUSTODY OF, OR WHOLLY OR PARTLY MAINTAINED BY A
STATE OR LOCAL AGENCY OR DEPARTMENT, OR AN AUTHORIZED AGENCY OR AN
INSTITUTION, SOCIETY OR OTHER ORGANIZATION OF CHARITABLE, ELEEMOSYNARY,
CORRECTIONAL, OR REFORMATORY CHARACTER OR (B) WHO IS RESIDING IN A
FEDERAL PLACEMENT AND HAS NO PARENT OR LEGAL GUARDIAN IN THE UNITED
STATES AVAILABLE OR ABLE TO PROVIDE FOR THE CHILD'S ESSENTIAL NEEDS OR
OBTAIN CUSTODY OR GUARDIANSHIP FOR THEM; OR
(b) a child who is under the age of eighteen years and absent from
[his or her] SUCH CHILD'S legal residence without the consent of [his or
her] THE parent, legal guardian or custodian OF SUCH CHILD; or
(c) a child under the age of eighteen who is without a place of shel-
ter where supervision and care are available who is not otherwise
covered under paragraph (a) of this subdivision; or
(d) a person who is a former foster care youth under the age of twen-
ty-one who was previously placed in the care and custody or custody and
guardianship of the local commissioner of social services or other offi-
cer, board or department authorized to receive children as public charg-
es, and who was discharged from foster care due to a failure to consent
to continuation in placement, who has returned to foster care pursuant
to section one thousand ninety-one of the family court act.
§ 12. Subdivision 7 of section 371 of the social services law is
REPEALED.
§ 13. Subdivision 22 of section 371 of the social services law, as
added by chapter 246 of the laws of 2021, is renumbered subdivision 23.
§ 14. The opening paragraph of subdivision 1 of section 372 of the
social services law, as amended by chapter 663 of the laws of 2024, is
amended to read as follows:
Every court, and every public board, commission, institution, or offi-
cer having powers or charged with duties in relation to abandoned,
delinquent, [destitute,] neglected or dependent children who shall
receive, accept or commit any child shall provide and keep a record
showing:
§ 15. Subdivision 4 of section 374 of the social services law, para-
graph (a) as amended by chapter 484 of the laws of 2009 and paragraph
(c) as amended by chapter 690 of the laws of 1962, is amended to read as
follows:
4. (a) No hospital or lying-in asylum whether incorporated or unincor-
porated where women or girls may be received, cared for or treated
during pregnancy or during or after delivery except as hereinafter
provided and no person licensed to carry on like work under the
provisions of article twenty-eight of the public health law shall be an
authorized agency for placing out or boarding out children or place out
any child in a foster home whether for adoption or otherwise either
directly or indirectly or as agent or representative of the mother or
parents of such child.
A. 11405 10
(b) Every such hospital and licensed person shall forthwith report to
the county or city officer or board charged by law with the care of
[destitute] DEPENDENT children away from their homes where such hospital
is located or where such child is cared for by such licensed person any
child abandoned or left in the care or custody of such hospital or
licensed person provided, however, that no such report except as
provided in section three hundred seventy-two shall be required to be
made by a hospital which is also an authorized agency.
(c) Such officer or board shall receive and care for such child as a
[destitute] DEPENDENT or abandoned child and may bring the case of such
child before the family court in the county or city for adjudication.
(d) The expense of caring for such child as a public charge shall be
paid as provided by this chapter.
§ 16. Section 383-b of the social services law, as amended by chapter
279 of the laws of 2014, is amended to read as follows:
§ 383-b. Medical treatment for abused, neglected and [destitute]
DEPENDENT children; consent of commissioners. The local commissioner of
social services or the local commissioner of health may give effective
consent for medical, dental, health and hospital services for any child
who has been found by the family court to be an abused, neglected or
[destitute] DEPENDENT child, or who has been taken into or kept in
protective custody or removed from the place where [he or she] SUCH
CHILD is residing, or who has been placed in the custody of such commis-
sioner, pursuant to section four hundred seventeen of this article or
section one thousand twenty-two, section one thousand twenty-four,
section one thousand twenty-seven, section one thousand ninety-four or
section one thousand ninety-five of the family court act.
§ 17. The section heading and paragraph (a) of subdivision 3 of
section 384-b of the social services law, the section heading as amended
by chapter 343 of the laws of 2010, paragraph (a) of subdivision 3 as
amended by section 55 of part A of chapter 3 of the laws of 2005, are
amended to read as follows:
Guardianship and custody of [destitute or] dependent children; commit-
ment by court order; modification of commitment and restoration of
parental rights.
(a) The guardianship of the person and the custody of a [destitute or]
dependent child may be committed to an authorized agency, or to a foster
parent authorized pursuant to section one thousand eighty-nine of the
family court act to institute a proceeding under this section, or to a
relative with care and custody of the child, by order of a surrogate or
judge of the family court, as hereinafter provided. Where such guardian-
ship and custody is committed to a foster parent or to a relative with
care and custody of the child, the family court or surrogate's court
shall retain continuing jurisdiction over the parties and the child and
may, upon its own motion or the motion of any party, revoke, modify or
extend its order, if the foster parent or relative fails to institute a
proceeding for the adoption of the child within six months after the
entry of the order committing the guardianship and custody of the child
to such foster parent or relative. Where the foster parent or relative
institutes a proceeding for the adoption of the child and the adoption
petition is finally denied or dismissed, the court which committed the
guardianship and custody of the child to the foster parent or relative
shall revoke the order of commitment. Where the court revokes an order
committing the guardianship and custody of a child to a foster parent or
relative, it shall commit the guardianship and custody of the child to
an authorized agency.
A. 11405 11
§ 18. Subdivisions 1 and 4 of section 397 of the social services law,
subdivision 1 as amended by chapter 690 of the laws of 1962, subdivision
4 as amended by chapter 270 of the laws of 1972, the opening paragraph
of subdivision 4 as amended by section 100 of part B of chapter 436 of
the laws of 1997, are amended to read as follows:
1. As to [destitute] DEPENDENT children, AS DEFINED IN SUBDIVISION
THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE:
(a) Investigate the family circumstances of each child reported as
[destitute] DEPENDENT in order to determine what care, supervision or
treatment, if any, such child requires.
(b) Administer and supervise relief to families with [destitute]
DEPENDENT children when such families are unable to care for such chil-
dren and relief is necessary to prevent the separation of children from
their parents.
(c) Furnish children, whose parents or guardians are unable to do so,
with suitable clothing, shoes, books, food and other necessaries to
enable them to attend upon instruction as required by law.
4. The provisions of this section shall not be deemed to confer on
social services officials responsible only for the authorization of
safety net assistance or of safety net assistance and hospital care, any
powers and duties in relation to [destitute] DEPENDENT and neglected
children except as follows:
(a) As to [destitute] DEPENDENT children, AS DEFINED IN SUBDIVISION
THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE:
(1) Authorize relief to families with [destitute] DEPENDENT children
when such families are unable to care for such children and relief is
necessary to prevent the separation of children from their parents.
(2) Furnish children, whose parents or guardians are unable to do so,
with suitable clothing, shoes, books, food and other necessaries to
enable them to attend upon instruction as required by law.
(b) As to neglected and abused children:
Report to the county commissioner any complaint they may receive of
neglect and abuse of children.
(c) Provide any necessary medical care or hospital care for such chil-
dren when responsible for the provision of such care under section
sixty-nine.
§ 19. Subdivision 1 of section 398 of the social services law, as
amended by chapter 3 of the laws of 2012, is amended to read as follows:
1. As to [destitute] DEPENDENT children, AS DEFINED IN SUBDIVISION
THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE:
(a) offer preventive services in accordance with section four hundred
nine-a of this article when necessary to avert an impairment or
disruption of a family which could result in the placement of the child
in foster care;
(b) report to the local criminal justice agency and to the statewide
central register for missing children as described in section eight
hundred thirty-seven-e of the executive law such relevant information as
required on a form prescribed by the commissioner of the division of
criminal justice services, in appropriate instances; [and]
(c) assume charge of and provide care and support for any child who is
a [destitute] DEPENDENT child pursuant to paragraph (a) of subdivision
three of section three hundred seventy-one of this article who cannot be
properly cared for in [his or her] THE CHILD'S home, and if required,
petition the family court to obtain custody of the child in accordance
with article ten-C of the family court act[.]; AND
A. 11405 12
(D) CONSENT TO THE ADOPTION OF A CHILD WHOSE CUSTODY AND GUARDIANSHIP
HAS BEEN TRANSFERRED TO A SOCIAL SERVICES DISTRICT IN ACCORDANCE WITH
SECTION ONE THOUSAND NINETY-FIVE OF THE FAMILY COURT ACT OR PARAGRAPH
(A) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THIS
ARTICLE, WHERE THE CHILD'S PARENTS ARE BOTH DECEASED, OR WHERE ONE
PARENT IS DECEASED AND THE OTHER PARENT IS NOT ENTITLED TO CONSENT OR
NOTICE PURSUANT TO SECTIONS ONE HUNDRED ELEVEN AND ONE HUNDRED ELEVEN-A
OF THE DOMESTIC RELATIONS LAW OR SECTION THREE HUNDRED EIGHTY-FOUR-C OF
THIS ARTICLE AND NO OTHER GUARDIAN OR CUSTODIAN HAS BEEN APPOINTED.
§ 20. Paragraph (a) of subdivision 6 and subdivision 12 of section 398
of the social services law, paragraph (a) of subdivision 6 as amended by
chapter 127 of the laws of 1986, and subdivision 12 as amended by
section 12 of subpart B of part Q of chapter 58 of the laws of 2011, are
amended to read as follows:
(a) Investigate the family circumstances of each child reported to
[him] THEM as [destitute] DEPENDENT, neglected, abused, delinquent,
disabled or physically handicapped in order to determine what assistance
and care, supervision or treatment, if any, such child requires.
12. A social services official shall be permitted to place persons
adjudicated in need of supervision or delinquent, and alleged persons to
be in need of supervision in detention pending transfer to a placement,
in the same foster care facilities as are providing care to [destitute]
DEPENDENT, neglected, abused or abandoned children. Such foster care
facilities shall not provide care to a youth in the care of a social
services official as a convicted juvenile offender.
§ 21. Section 398-e of the social services law, as amended by chapter
669 of the laws of 2022, is amended to read as follows:
§ 398-e. Eligibility for protective AND PREVENTIVE services, foster
care services, SERVICES FOR VICTIMS OF SEX TRAFFICKING, SERVICES UNDER
THE KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM, ADOPTION SERVICES, EDUCA-
TION AND TRAINING VOUCHERS and residential services for victims of
domestic violence. A noncitizen, including a non-qualified alien, as
determined by applicable federal statute and regulation, is eligible for
protective AND PREVENTIVE services for adults and children, foster care
services, SERVICES FOR VICTIMS OF SEX TRAFFICKING, SERVICES UNDER THE
KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM, ADOPTION SERVICES, EDUCATION
AND TRAINING VOUCHERS and residential services for victims of domestic
violence, to the extent such person is otherwise eligible pursuant to
this chapter and the regulations of the office of children and family
services and the office of temporary and disability assistance.
§ 22. Paragraph (g) of subdivision 1 of section 532-b of the executive
law, as added by section 3 of part M of chapter 56 of the laws of 2017,
is amended to read as follows:
(g) contact the appropriate local social services district if it is
believed that the youth may be a [destitute] DEPENDENT child, as such
term is defined in section one thousand ninety-two of the family court
act. The office of children and family services shall provide appropri-
ate guidance to the runaway and homeless youth crisis services program
on how to accurately identify a youth [that] WHO may be a [destitute]
DEPENDENT child; and
§ 23. Subdivision 7 of section 532-d of the executive law, as added by
section 5 of part M of chapter 56 of the laws of 2017, is amended to
read as follows:
7. contact the appropriate local social services district if it is
believed that the youth may be a [destitute] DEPENDENT child, as such
term is defined in section one thousand ninety-two of the family court
A. 11405 13
act. The office of children and family services shall provide appropri-
ate guidance to the residential transitional independent living support
program on how to accurately identify a youth [that] WHO may be a
[destitute] DEPENDENT child;
§ 24. Paragraph (a) of subdivision 1 of section 747 of the executive
law, as amended by chapter 322 of the laws of 2021, is amended to read
as follows:
(a) To visit and inspect, or cause members of its staff to visit and
inspect, at such times as the board may consider to be necessary or
appropriate to help insure adequate supervision, public and private
facilities or agencies, whether state, county, municipal, incorporated
or not incorporated which are in receipt of public funds and which are
of a charitable, eleemosynary, correctional or reformatory character,
including all reformatories for juveniles and facilities or agencies
exercising custody of dependent, neglected, abused, maltreated, aban-
doned or delinquent children or persons in need of supervision, agencies
engaged in the placing out or boarding out of children as defined in
section three hundred seventy-one of the social services law, or in
operating homes for unmarried mothers or special care homes, and facili-
ties providing residential care for convalescent, invalid, aged, or
indigent persons, but excepting state institutions for the education and
support of the blind, the deaf and the dumb, and excepting also such
institutions as are subject to the visitation and inspection of the
state department of mental hygiene or the state commission of
correction. As to institutions, whether incorporated or not incorpo-
rated, having incarcerated individuals, but not in receipt of public
funds, which are of a charitable, eleemosynary, correctional or reforma-
tory character, and agencies, whether incorporated or not incorporated,
not in receipt of public funds, which exercise custody of abandoned,
[destitute,] dependent, neglected, abused, maltreated or delinquent
children or persons in need of supervision, the board shall make
inspections, or cause inspections to be made by members of its staff,
but solely as to matters directly affecting the health, safety, treat-
ment and training of their incarcerated individuals, or of the children
under their custody. Visiting and inspecting as herein authorized shall
not be exclusive of other visiting and inspecting now or hereafter
authorized by law.
§ 25. Subdivision 1 of section 2570 of the public health law, as
amended by chapter 495 of the laws of 1955, is amended to read as
follows:
1. Every institution in this state, operated for the express purpose
of receiving or caring for dependent[,] OR neglected [or destitute]
children or juvenile delinquents, except hospitals, shall have attached
thereto a regular physician of its selection duly licensed under the
laws of the state and in good professional standing, whose name and
address shall be kept posted conspicuously within such institution.
§ 26. Subdivision 1 of section 2571 of the public health law, as
amended by chapter 495 of the laws of 1955, is amended to read as
follows:
1. The administrative officer or person in charge of every institution
in this state operated for the express purpose of receiving or caring
for dependent[,] OR neglected [or destitute] children or juvenile delin-
quents, except hospitals, upon receiving a child therein, by commitment
or otherwise, shall, before permitting such child to contact with other
children, cause inquiry to be made concerning the presence or recent
exposure of such child to a communicable disease.
A. 11405 14
§ 27. Paragraph 1 of subdivision (b) of section 404 of the not-for-
profit corporation law, as amended by section 4 of part D of chapter 58
of the laws of 2006, is amended to read as follows:
(1) Every certificate of incorporation which includes among its
purposes the care of [destitute,] delinquent, abandoned, neglected or
dependent children; the establishment or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four of section
four hundred fifty-nine-a of the social services law, or the placing-out
or boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of a hospital or facility
providing health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an oper-
ating certificate is required by articles sixteen, nineteen, twenty-two
and thirty-one of the mental hygiene law; or the solicitation of
contributions for any such purpose or purposes, shall have endorsed
thereon or annexed thereto the approval of the commissioner of the
office of children and family services or with respect to any adult care
facility, the commissioner of health.
§ 28. Section 405-a of the business corporation law, as amended by
chapter 107 of the laws of 2007, is amended to read as follows:
§ 405-a. Institution for children; approval of certificate.
Every certificate of incorporation which includes among its corporate
purposes, the authority to care for children through the establishment
or operation of an institution for [destitute,] delinquent, abandoned,
neglected or dependent children shall have endorsed thereon or annexed
thereto the approval of the office of children and family services.
Provided, however, nothing herein shall authorize such corporation to
place out or board out children, as those terms are defined in the
social services law, or to care for children in a facility other than an
institution possessing an operating certificate issued by the office of
children and family services. No certificate of incorporation shall be
approved pursuant to this section on or after June first, two thousand
seven.
§ 29. This act shall take effect on the sixtieth day after it shall
have become a law.
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