Senate Bill S10562

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10562
 
                             I N  S E N A T E
 
                               May 22, 2026
                                ___________
 
 Introduced  by Sen. BRISPORT -- (at request of the Unified Court System)
   -- 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  children  in  the
   care of a non-respondent parent during the pendency of a child protec-
   tive proceeding

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subparagraph (ii) of paragraph (a) of  subdivision  2  and
 subdivision  3  of  section  1017 of the family court act, as amended by
 chapter 567 of the laws of 2015, are amended to read as follows:
   (ii) temporarily release the child  directly  to  such  non-respondent
 parent or temporarily place the child with a relative or suitable person
 pursuant  to this article during the pendency of the proceeding or until
 further order of the court, whichever is earlier and conduct such  other
 and  further  investigations  as  the  court  deems necessary; PROVIDED,
 HOWEVER, THAT RETENTION OF THE CHILD IN THE  HOME  OF  A  NON-RESPONDENT
 PARENT WITH WHOM THE CHILD RESIDED PRIOR TO THE FILING OF THE PROCEEDING
 UNDER  THIS  ARTICLE  SHALL  NOT CONSTITUTE A RELEASE OR PLACEMENT UNDER
 THIS SUBPARAGRAPH. [The] WHERE SUCH A RELEASE OR PLACEMENT  OCCURS,  THE
 court  may direct the commissioner of social services, pursuant to regu-
 lations of the office of children and family services,  to  commence  an
 investigation  of  the  home  of such non-respondent parent, relative or
 suitable person within twenty-four hours and to report  the  results  to
 the  court and the parties, including the attorney for the child. If the
 home of a non-respondent parent, relative or suitable person,  is  found
 unqualified as appropriate for the temporary release or placement of the
 child  under this article, the local commissioner shall report such fact
 and the reasons therefor to the court and  the  parties,  including  the
 attorney for the child, forthwith; or
   3.  (A)  An  order  temporarily [releasing a child to a non-respondent
 parent or parents, or temporarily] placing a child with  a  relative  or
 relatives  or  other suitable person or persons pursuant to subparagraph
 (ii) of paragraph (a) of subdivision two of this section or remanding or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14969-01-6
 S. 10562                            2
 
 placing a child with a local commissioner of social services  to  reside
 with  a  relative  or  relatives or suitable person or persons as foster
 parents pursuant to subparagraph (iii) of paragraph (a)  of  subdivision
 two  of  this section may not be granted unless the person or persons to
 whom the child is released, remanded or placed submits to the  jurisdic-
 tion  of  the court with respect to the child. The order shall set forth
 the terms and conditions applicable to such person or persons and  child
 protective  agency,  social services official and duly authorized agency
 with respect to the child and may include, but may not be limited to,  a
 direction  for  such  person or persons to cooperate in making the child
 available for court-ordered visitation with  respondents,  siblings  and
 others  and  for  appointments  with  and visits by the child protective
 agency, including visits in the home  and  in-person  contact  with  the
 child  protective  agency,  social  services official or duly authorized
 agency, and for appointments with the  child's  attorney,  clinician  or
 other  individual  or program providing services to the child during the
 pendency of the proceeding.
   [The] (B) IN ALL CASES UNDER THIS SECTION, THE court also may issue  a
 temporary order of protection under subdivision (f) of section one thou-
 sand  twenty-two, section one thousand twenty-three or section one thou-
 sand twenty-nine of this article and an order directing that services be
 provided pursuant to section one thousand fifteen-a of this part.
   § 2.  The family court act is amended by adding a new  section  1017-a
 to read as follows:
   §  1017-A.  CHILDREN  RESIDING WITH A NON-RESPONDENT PARENT OR PARENTS
 DURING THE PENDENCY OF A PROCEEDING UNDER THIS ARTICLE.   WHERE,  DURING
 THE PENDENCY OF  A PROCEEDING UNDER THIS ARTICLE, A CHILD EITHER REMAINS
 IN  THE  HOME  OF  A  NON-RESPONDENT  PARENT  OR PARENTS OR, PURSUANT TO
 SECTION ONE THOUSAND SEVENTEEN OF THIS ARTICLE, IS RELEASED  TO  A  NON-
 RESPONDENT  PARENT  OR PARENTS, THE COURT MAY REQUIRE THE COOPERATION OF
 SUCH NON-RESPONDENT PARENT OR PARENTS TO THE EXTENT  NECESSARY  TO  MEET
 THE  NEEDS  OF  THE CHILD WITH RESPECT TO THE PROCEEDING, INCLUDING, BUT
 NOT LIMITED TO, A DIRECTION TO MAKE THE CHILD AVAILABLE  FOR  COURT-ORD-
 ERED  VISITATION  WITH  RESPONDENTS,  SIBLINGS  AND  OTHERS,  AS WELL AS
 APPOINTMENTS WITH THE CHILD'S ATTORNEY, CLINICIAN OR OTHER INDIVIDUAL OR
 PROGRAM PROVIDING SERVICES TO THE  CHILD  DURING  THE  PENDENCY  OF  THE
 PROCEEDING.
   § 3. Subdivisions (a) and (b) of section 1054 of the family court act,
 as  amended  by  chapter 567 of the laws of 2015, are amended to read as
 follows:
   (a) An order of disposition may release the  child  for  a  designated
 period  of  up  to  one  year to a non-respondent parent or parents or a
 person or persons who had been the child's legal custodian  or  guardian
 at  the  time  of  the filing of the petition, and who is not or are not
 respondents in the proceeding under this article. An  order  under  this
 section  may  be  extended upon a hearing for a period of up to one year
 for good cause. FOR PURPOSES OF THIS SECTION, RETENTION OF THE CHILD  IN
 THE  HOME  OF  A NON-RESPONDENT PARENT OR PARENTS OR A PERSON OR PERSONS
 WHO HAD BEEN THE LEGAL CUSTODIANS OR GUARDIANS AT THE TIME OF FILING  OF
 THE  PETITION  AND  WHERE THE CHILD HAD RESIDED IN THE HOME OF SUCH NON-
 RESPONDENT PARENT OR PARENTS OR PERSON OR PERSONS PRIOR  TO  THE  FILING
 AND  DURING  THE  PENDENCY OF THE PETITION UNDER THIS ARTICLE, SHALL NOT
 CONSTITUTE A RELEASE.
   (b) The court may require the person or persons to whom the  child  is
 released under this section to [submit to the jurisdiction of the court]
 COOPERATE with respect to the child for the period of the disposition or
 S. 10562                            3
 
 an  extension thereof. The order FOR COOPERATION may include, but is not
 limited to, a direction for such person  or  persons  to  [cooperate  in
 making]  MAKE  the  child  available  for  court-ordered visitation with
 respondents,  siblings  and others and for appointments with [and visits
 by the child protective agency, including visits in the home and in-per-
 son contact with the child protective agency, social  services  official
 or duly authorized agency, and for appointments with] the child's attor-
 ney,  clinician or other individual or program providing services to the
 child. The order shall set forth the terms and conditions applicable  to
 such  non-respondent [and child protective agency, social services offi-
 cial and duly authorized agency] PERSON OR PERSONS with respect  to  the
 child.
   § 4. This act shall take effect immediately.