S T A T E   O F   N E W   Y O R K
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                                 2892--A
                                                        Cal. No. 450

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by  M.  of A. CLARK, SCARBOROUGH, ROBINSON, CAMARA -- Multi-
  Sponsored by -- M. of A. ARROYO, HEASTIE, PAULIN, PERRY --  read  once
  and  referred to the Committee on Children and Families -- recommitted
  to the Committee on Children and Families in accordance with  Assembly
  Rule  3,  sec. 2 -- reported from committee, advanced to a third read-
  ing, amended and ordered reprinted, retaining its place on  the  order
  of third reading

AN  ACT to amend the social services law, in relation to the out-of-home
  placement of certain children with disabilities or disorders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 of section 358-a of the social services law
is amended by adding a new paragraph (g) to read as follows:
  (G) THE COURT MAY APPROVE A PETITION BY OR  AGREEMENT  WITH  A  SOCIAL
SERVICES  OFFICIAL  FOR  THE  TRANSFER  FOR TEMPORARY PLACEMENT AND CARE
BASED ON CHILD SERVICE NEEDS FOR THE PROVISION OF NECESSARY SERVICES FOR
THE CHILD'S EMOTIONAL, BEHAVIORAL OR MENTAL DISORDER, OR MENTAL OR PHYS-
ICAL DISABILITY, WITHOUT THE TRANSFER OF CUSTODY,  WHICH  PROVIDES  THAT
THE  SOCIAL  SERVICES  OFFICIAL  SHALL  MAINTAIN  RESPONSIBILITY FOR THE
TEMPORARY PLACEMENT AND CARE OF THE CHILD. THE SOCIAL SERVICES  DISTRICT
SHALL  BE  ASSIGNED  OVERALL  RESPONSIBILITY FOR TEMPORARY PLACEMENT AND
CARE OF THE CHILD, INCLUDING, BUT NOT LIMITED TO, EITHER THE  ACTUAL  OR
ACTIVE SUPERVISION OF THE DEVELOPMENT OF AN INDIVIDUAL CASE PLAN FOR THE
CHILD,  PERIODIC  REVIEW OF THE CASE PLAN AND REVIEW OF THE APPROPRIATE-
NESS AND SUITABILITY OF THE PLAN AND PLACEMENT, AND ENSURING THAT PROPER
CARE AND SERVICES ARE PROVIDED TO FACILITATE RETURN TO THE CHILD'S  HOME
OR  OTHER  ALTERNATIVE  PERMANENT PLACEMENT, ALL IN ADHERENCE WITH STATE
AND FEDERAL RULES, REGULATIONS AND POLICY INTERPRETATIONS.
  S 2. Subdivision 2 of section 384-a of  the  social  services  law  is
amended by adding a new paragraph (i) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06669-05-4
              

A. 2892--A                          2

  (I)  A  SOCIAL  SERVICES  OFFICIAL MAY ACCEPT A TRANSFER FOR TEMPORARY
PLACEMENT AND CARE OF A CHILD FOR THE PROVISION  OF  NECESSARY  SERVICES
FOR  THE  CHILD'S EMOTIONAL, BEHAVIORAL OR MENTAL DISORDER, OR MENTAL OR
PHYSICAL DISABILITY, WITHOUT THE TRANSFER OF CUSTODY, PROVIDED THAT  THE
SOCIAL SERVICES OFFICIAL SHALL MAINTAIN RESPONSIBILITY FOR THE TEMPORARY
PLACEMENT  AND  CARE OF THE CHILD. THE SOCIAL SERVICES OFFICIAL SHALL BE
ASSIGNED OVERALL RESPONSIBILITY FOR THE TEMPORARY PLACEMENT AND CARE  OF
THE  CHILD, INCLUDING BUT NOT LIMITED TO, EITHER ACTUAL OR ACTIVE SUPER-
VISION OF THE DEVELOPMENT OF AN INDIVIDUAL  CASE  PLAN  FOR  THE  CHILD,
PERIODIC  REVIEW  OF THE CASE PLAN AND REVIEW OF THE APPROPRIATENESS AND
SUITABILITY OF THE PLAN AND PLACEMENT, AND ENSURING THAT PROPER CARE AND
SERVICES ARE PROVIDED TO FACILITATE RETURN TO THE CHILD'S HOME OR  OTHER
ALTERNATIVE PERMANENT PLACEMENT, ALL IN ADHERENCE WITH STATE AND FEDERAL
RULES, REGULATIONS AND POLICY INTERPRETATIONS.
  S  3.  Section 358-a of the social services law, as amended by chapter
78 of the laws of 1978, subdivision 1 and paragraph (e) of subdivision 3
as amended, and paragraphs (b), (c) and (d) of subdivision 3 as added by
chapter 7 of the laws of 1999, paragraph (b) of subdivision 1 as amended
by section 16 of part C of chapter 83 of the laws of 2002,  subdivisions
2  and 3 as amended by chapter 808 of the laws of 1985, paragraph (a) of
subdivision 2 as amended by chapter 671 of the laws of  2005,  paragraph
(b)  of  subdivision  2  as  amended  by chapter 87 of the laws of 1993,
subdivision 2-a as amended by section 35, paragraph (a) and the  closing
paragraph  of  paragraph  (b) of subdivision 3 as amended by section 36,
paragraph (f) of subdivision 3 as amended by section  37,  and  subdivi-
sions  7  and  8  as amended by section 39 of part A of chapter 3 of the
laws of 2005, paragraph (b) of subdivision 2-a  and  subdivision  12  as
amended  by chapter 437 of the laws of 2006, subdivision 4 as amended by
chapter 823 of the laws of 1987, subdivisions 5  and  9  as  amended  by
chapter  465  of  the laws of 1992, subdivision 6 and paragraphs (b) and
(c) of subdivision 10 as amended by chapter 41  of  the  laws  of  2010,
subdivision 10 as amended by chapter 457 of the laws of 1988, and subdi-
vision  11  as  added  by chapter 854 of the laws of 1990, is amended to
read as follows:
  S 358-a. Dependent children in foster care. (1) Initiation of judicial
proceeding. (a) A social services official who accepts  or  proposes  to
accept the custody and guardianship of a child by means of an instrument
executed pursuant to the provisions of section three hundred eighty-four
of  this  chapter,  or  the TRANSFER FOR TEMPORARY PLACEMENT AND CARE OR
care and custody of a child as a public charge by means of an instrument
executed pursuant to the provisions of  section  three  hundred  eighty-
four-a  of this chapter, shall determine whether such child is likely to
remain in the care of such official for a period  in  excess  of  thirty
consecutive  days.  If such official determines that the child is likely
to remain in care for a period in excess  of  thirty  consecutive  days,
such  official  shall  petition  the family court judge of the county or
city in which the social services official has his  or  her  office,  to
approve  such  instrument upon a determination that the placement of the
child is in the best interest of the child, that it would be contrary to
the welfare of the child to continue in his or her own  home  and,  that
where  appropriate,  reasonable efforts were made prior to the placement
of the child into foster care to  prevent  or  eliminate  the  need  for
removal  of  the child from his or her home and that prior to the initi-
ation of the court proceeding required to be held by  this  subdivision,
reasonable efforts were made to make it possible for the child to return
safely  home.  In the case of a child [whose] WHO HAS EITHER BEEN TRANS-

A. 2892--A                          3

FERRED FOR TEMPORARY PLACEMENT AND CARE OR FOR care and  custody  [have]
AND  HAS  been  transferred to a social services official by means of an
instrument executed pursuant to the provisions of section three  hundred
eighty-four-a  of this chapter, approval of the instrument shall only be
made upon an additional determination that all of  the  requirements  of
such section have been satisfied.
  (b)  The  social  services  official  shall initiate the proceeding by
filing the petition as soon as practicable, but in no event  later  than
thirty  days  following  removal  of  the  child from the home provided,
however, that the court shall  receive,  hear  and  determine  petitions
filed  later than thirty days following removal of the child from his or
her home, but state reimbursement shall not be available to  the  social
services  district  for care and maintenance provided to such child. The
social services official shall diligently pursue such proceeding.  Where
the  care  and  custody  OR TEMPORARY PLACEMENT AND CARE of a child as a
public charge has been transferred to  a  social  services  official  by
means  of  an  instrument executed pursuant to the provisions of section
three hundred eighty-four-a of this chapter for a period of thirty  days
or  less  for an indeterminate period which such official deems unlikely
to exceed thirty days, and thereafter such official determines that such
child will remain in his or her care and custody for a period in  excess
of  thirty  days,  such official shall, as soon as practicable but in no
event later than thirty days following such determination, execute  with
the child's parent, parents or guardian a new instrument pursuant to the
provision  of section three hundred eighty-four or three hundred eighty-
four-a of this chapter and shall file a petition in family court, pursu-
ant to this section, for approval of  such  instrument.  In  such  cases
involving  a  social  services  official,  expenditures for the care and
maintenance of such child from the date of the initial transfer [of his]
FOR EITHER TEMPORARY PLACEMENT AND CARE  OR  care  and  custody  to  the
social services official shall be subject to state reimbursement.
  (2)  Contents  of  petition.  (a)  Any petition required or authorized
pursuant to subdivision one of this section  shall  allege  whether  the
parent,  parents or guardian executed the instrument because the parent,
parents or guardian would be unable to make adequate provision  for  the
care,  maintenance  and  supervision  of  such child in his or their own
home, and shall include facts supporting the petition.    [The]  IF  THE
CARE  AND  CUSTODY  OF THE CHILD HAS BEEN TRANSFERRED 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. IF THE TEMPORARY PLACEMENT AND CARE OF  THE  CHILD  HAS
BEEN  TRANSFERRED,  THE  PETITION  SHALL CONTAIN A NOTICE IN CONSPICUOUS
PRINT PROVIDING THAT IF THE PARENT FAILS TO COMPLY WITH THE REQUIREMENTS
SET FORTH IN SUBPARAGRAPH (V) OF PARAGRAPH (C)  OF  SUBDIVISION  TWO  OF
SECTION THREE HUNDRED EIGHTY-FOUR-A OF THIS ARTICLE, THE AGENCY SHALL BE
REQUIRED  TO FILE A PETITION FOR THE TRANSFER OF CARE AND CUSTODY OF THE
CHILD TO AN AUTHORIZED AGENCY. The petition shall  also  set  forth  the
names  and  last  known  addresses  of  all persons required to be given
notice of the proceeding, pursuant to this  section  and  section  three
hundred  eighty-four-c  of this chapter, and there shall be shown by the
petition or by affidavit or other proof satisfactory to the  court  that
there  are no persons other than those set forth in the petition who are
entitled to notice pursuant to the provisions  of  this  section  or  of
section  three hundred eighty-four-c of this chapter. The petition shall
also set forth the efforts which were made, prior to  the  placement  of

A. 2892--A                          4

the child into foster care, to prevent or eliminate the need for removal
of  the child from his or her home and the efforts which were made prior
to the filing of the petition to make  it  possible  for  the  child  to
return  safely home.   If such efforts were not made, the petition shall
set forth the reasons why these efforts  were  not  made.  The  petition
shall  request  that,  pending  any hearing which may be required by the
family court judge, a temporary order be made transferring THE TEMPORARY
PLACEMENT AND CARE OR the care and custody of the child  to  the  social
services official in accordance with the provisions of subdivision three
of  this  section.  In  the  case of a child [whose] WHO HAS EITHER BEEN
TRANSFERRED FOR TEMPORARY PLACEMENT AND CARE OR  FOR  care  and  custody
[have  been  transferred]  to  a social services official by means of an
instrument executed pursuant to section three hundred  eighty-four-a  of
this chapter, the petition shall also allege and there shall be shown by
affidavit or other proof satisfactory to the court that all the require-
ments  of such section have been satisfied[, including]. IF THE CARE AND
CUSTODY OF THE  CHILD  HAS  BEEN  TRANSFERRED  SUCH  REQUIREMENTS  SHALL
INCLUDE  the  results  of  the  investigation to locate relatives of the
child, including any non-respondent parent and all of the child's grand-
parents. Such results shall include whether any relative  who  has  been
located  expressed an interest in becoming a foster parent for the child
or in seeking custody or care of the child.
  (b) The social services official who initiated  the  proceeding  shall
file supplemental information with the clerk of the court not later than
ten days prior to the date on which the proceeding is first heard by the
court.  Such  information shall include relevant portions, as determined
by the department, of the assessment of the child and his family circum-
stances performed and maintained,  and  the  family's  service  plan  if
available,  pursuant  to  sections  four hundred nine-e and four hundred
nine-f of this chapter. Copies of such supplemental information need not
be served upon those persons entitled to notice of the proceeding and  a
copy of the petition pursuant to subdivision four of this section.
  (2-a)  Continuing jurisdiction. (a) The court shall possess continuing
jurisdiction over the parties until the child is discharged from  place-
ment  and  all orders regarding supervision, protection or services have
expired.
  (b) The court, upon approving an instrument under this section,  shall
schedule  a  permanency  hearing pursuant to article ten-A of the family
court act for a date certain not more than eight months after the place-
ment of the child into foster care. Such date certain shall be  included
in the order approving the instrument.
  (3)  Disposition  of  petition. (a) If the court is satisfied that the
parent, parents or  guardian  executed  such  instrument  knowingly  and
voluntarily  and  because  he  or  she  would be unable to make adequate
provision for the care, maintenance and supervision of such child in his
or her home, and that the requirements of section three hundred  eighty-
four-a  of  this  chapter,  if  applicable, have been satisfied and that
where appropriate, reasonable efforts were made prior to  the  placement
of  the  child  into  foster  care  to prevent or eliminate the need for
removal of the child from his or her home and that prior to  the  initi-
ation  of the court proceeding required to be held by subdivision one of
this section, reasonable efforts were made to make it possible  for  the
child to return safely to his or her home, the court may find and deter-
mine  that the best interests and welfare of the child would be promoted
by removal of the child from such home, and that it would be contrary to
the welfare of such child for the child to continue in  such  home,  and

A. 2892--A                          5

the court shall thereupon grant the petition and approve such instrument
and  the  transfer  of  the custody and guardianship or THE TRANSFER FOR
TEMPORARY PLACEMENT AND CARE OR care and custody of such child  to  such
social  services  official  in accordance therewith. If the court deter-
mines that, where appropriate, reasonable efforts were made prior to the
placement of the child into foster care to prevent or eliminate the need
for removal of the child from his or her home, that prior to the  initi-
ation  of  the  court proceeding reasonable efforts were made to make it
possible for the child to return safely to his or her home, or  that  it
would  be contrary to the best interests of the child to continue in the
home, or that reasonable efforts to prevent or eliminate  the  need  for
removal  of  the  child from the home were not made but that the lack of
such efforts was appropriate under the circumstances,  the  court  order
shall  include such findings.  Approval of such instrument in a proceed-
ing pursuant to this section shall not constitute a remand or commitment
pursuant to this chapter and shall not preclude challenge in  any  other
proceeding to the validity of the instrument. If the permanency plan for
the  child is adoption, guardianship, permanent placement with a fit and
willing relative or another planned permanent living  arrangement  other
than  reunification  with  the parent or parents of the child, the court
must consider and determine in its order whether reasonable efforts  are
being made to make and finalize such alternate permanent placement.
  (b)  For the purpose of this section, reasonable efforts to prevent or
eliminate the need for removing the child from the home of the child  or
to  make  it  possible for the child to return safely to the home of the
child shall not be required where the court determines that:
  (1) the parent of such child has subjected  the  child  to  aggravated
circumstances, as defined in subdivision twelve of this section;
  (2)  the  parent of such child has been convicted of (i) murder in the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child of the parent; or (ii) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second  degree  as  defined  in
section  125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have  acted  voluntarily
in committing such crime;
  (3)  the  parent  of  such  child  has been convicted of an attempt to
commit any of the foregoing crimes, and the victim  or  intended  victim
was  the  child or another child of the parent; or has been convicted of
criminal solicitation as defined in article one hundred,  conspiracy  as
defined  in article one hundred five or criminal facilitation as defined
in article one hundred fifteen of the penal law for conspiring, solicit-
ing or facilitating any of the  foregoing  crimes,  and  the  victim  or
intended victim was the child or another child of the parent;
  (4)  the  parent  of  such  child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first  degree
as  defined  in  section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious  phys-
ical injury to the child or another child of the parent;
  (5) the parent of such child has been convicted in any other jurisdic-
tion  of  an offense which includes all of the essential elements of any
crime specified in subparagraph two, three or four  of  this  paragraph,
and  the  victim  of  such offense was the child or another child of the
parent; or

A. 2892--A                          6

  (6) the parental rights of the parent to a sibling of such child  have
been involuntarily terminated;
unless  the  court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and safe-
ty of the child, and would likely result in  the  reunification  of  the
parent  and  the  child in the foreseeable future. The court shall state
such findings in its order.
  If the court determines  that  reasonable  efforts  are  not  required
because  of  one  of  the  grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court  that  such
efforts  are  not  required. Such hearing shall be conducted pursuant to
section one thousand eighty-nine of the  family  court  act.  The  local
social  services  official  shall  thereafter make reasonable efforts to
place the child in a timely manner and to complete  whatever  steps  are
necessary  to finalize the permanent placement of the child as set forth
in the permanency plan approved by the court. If reasonable efforts  are
determined by the court not to be required because of one of the grounds
set  forth in this paragraph, AND THE LOCAL SOCIAL SERVICES OFFICIAL HAS
ACCEPTED AN INSTRUMENT FOR THE TRANSFER  OF  CARE  AND  CUSTODY  OF  THE
CHILD, the local social services official may file a petition for termi-
nation of parental rights of the parent in accordance with section three
hundred  eighty-four-b  of  this  chapter.  IF THE LOCAL SOCIAL SERVICES
OFFICIAL HAS ACCEPTED AN  INSTRUMENT  FOR  THE  TRANSFER  FOR  TEMPORARY
PLACEMENT  AND CARE OF A CHILD, THE LOCAL SOCIAL SERVICES OFFICIAL SHALL
FILE A PETITION FOR THE TRANSFER OF CARE AND CUSTODY OF THE CHILD TO  AN
AUTHORIZED AGENCY.
  (c) For the purpose of this section, in determining reasonable efforts
to  be  made  with  respect  to  a  child, and in making such reasonable
efforts, the child's health and safety shall be the paramount concern.
  (d) For the purpose of this section, a sibling shall include  a  half-
sibling.
  (e)  The order granting the petition of a social services official and
approving an instrument  executed  pursuant  to  section  three  hundred
eighty-four-a  of this chapter may include conditions, where appropriate
and specified by the judge, requiring the implementation of  a  specific
plan  of  action  by  the  social services official to exercise diligent
efforts toward the discharge of the child from care, either to  his  own
family  or  to an adoptive home; provided, however, that such plan shall
not include the provision of any service or assistance to the child  and
his  or her family which is not authorized or required to be made avail-
able pursuant to the comprehensive annual services program plan then  in
effect. An order of placement shall include, at the least:
  (i) a description of the visitation plan;
  (ii)  a direction that the respondent or respondents shall be notified
of the planning conference or conferences to be held pursuant to  subdi-
vision  three  of  section four hundred nine-e of this chapter, of their
right to attend the conference, and of their right to  have  counsel  or
other representative or companion with them;
  A copy of the court's order and the service plan shall be given to the
respondent.  [The]  IF THE CARE AND CUSTODY OF THE CHILD HAS BEEN TRANS-
FERRED THE order shall also contain a notice that if the  child  remains
in  foster  care  for  more  than  fifteen of the most recent twenty-two
months, the agency may be required by law to file a petition  to  termi-
nate  parental  rights. IF THE TEMPORARY PLACEMENT AND CARE OF THE CHILD
HAS BEEN TRANSFERRED THE ORDER SHALL ALSO CONTAIN A NOTICE THAT  IF  THE
RESPONDENT  FAILS  TO COMPLY WITH THE REQUIREMENTS SET FORTH IN SUBPARA-

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GRAPH (V) OF PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION  THREE  HUNDRED
EIGHTY-FOUR-A  OF  THIS  ARTICLE, THE AGENCY SHALL BE REQUIRED TO FILE A
PETITION FOR THE TRANSFER OF CARE AND CUSTODY OF THE CHILD TO AN AUTHOR-
IZED AGENCY.
  Nothing  in  such  order shall preclude either party to the instrument
from exercising its  rights  under  this  section  or  under  any  other
provision  of law relating to the return of the care OR CARE and custody
of the child by the social services official to the parent,  parents  or
guardian. Violation of such [on] AN order shall be subject to punishment
pursuant to section seven hundred fifty-three of the judiciary law.
  (f)  For  a  child  who has attained the age of fourteen, if the court
grants the petition and approves  an  instrument  executed  pursuant  to
section three hundred eighty-four or three hundred eighty-four-a of this
chapter  and  the  transfer  of custody and guardianship or TRANSFER FOR
TEMPORARY PLACEMENT AND CARE OR care and custody of the child to a local
social services official the court shall  determine  in  its  order  the
services and assistance needed to assist the child in learning independ-
ent living skills.
  (4)  Notice.  (a)  Upon  the  filing  of  a  petition pursuant to this
section, the family court judge shall direct that service of a notice of
the proceeding and a copy of  the  petition  shall  be  made  upon  such
persons  and  in  such manner as the judge may direct. If the instrument
executed by the parent, parents or guardian of a child consents  to  the
jurisdiction  of  the  family  court  over  such  proceeding, and waives
service of the petition and notice of proceeding, then the family  court
judge  may, in his discretion, dispense with service upon the consenting
parent, parents or guardian, provided, however, that a waiver of service
of process and notice of the proceeding by a parent or guardian who  has
transferred  EITHER TEMPORARY PLACEMENT AND CARE OR the care and custody
of a child to an authorized agency, pursuant to  section  three  hundred
eighty-four-a  of  this chapter, shall be null and void and shall not be
given effect by the court. Notice to any parent, parents or guardian who
has not executed the instrument shall be required.
  (b) In the event the family court judge  determines  that  service  by
publication  is  necessary  and  orders  service by publication, service
shall be made in accordance with the provisions of  rule  three  hundred
sixteen  of  the civil practice law and rules, provided, however, that a
single publication of the summons or other  process  with  a  notice  as
specified  herein in only one newspaper designated in the order shall be
sufficient. In no event shall the whole petition be published. The peti-
tion shall be delivered to  the  person  summoned  at  the  first  court
appearance  pursuant  to  section one hundred fifty-four-a of the family
court act. The notice to be published with the summons or other  process
shall state the date, time, place and purpose of the proceeding.
  (i)  If the petition is initiated to transfer custody and guardianship
of a child by an instrument  executed  pursuant  to  the  provisions  of
section  three  hundred  eighty-four  of  this chapter, the notice to be
published shall also state that failure to appear  may  result,  without
further notice, in the transfer of custody and guardianship of the child
to a social services official in this proceeding.
  (ii)  If  the  petition is initiated to transfer care and custody of a
child by an instrument executed pursuant to the  provisions  of  section
three  hundred eighty-four-a of this chapter, the notice to be published
shall also state that failure to  appear  may  result,  without  further
notice,  in  the  transfer  of care and custody of the child to a social
services official in this proceeding.

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  (5) Hearing and waiver. The instrument may include a  consent  by  the
parent, parents or guardian to waiver of any hearing and that a determi-
nation may be made by the family court judge based solely upon the peti-
tion,  and  other papers and affidavits, if any, submitted to the family
court  judge, provided, however, that a waiver of hearing by a parent or
guardian who has EITHER transferred TEMPORARY PLACEMENT AND CARE OR  the
care and custody of a child to an authorized agency, pursuant to section
three  hundred eighty-four-a of this chapter, shall be effective only if
such waiver was executed in an  instrument  separate  from  that  trans-
ferring  EITHER  TEMPORARY  PLACEMENT AND CARE OR the [child's] care and
custody OF THE CHILD.  In any case where an effective  waiver  has  been
executed,  the  family  court judge may dispense with a hearing, approve
the instrument and EITHER the transfer of [the] custody and guardianship
or THE TRANSFER FOR TEMPORARY PLACEMENT AND CARE OR THE care and custody
of the child to the social services  official  and  make  the  requisite
findings  and  determinations  provided for in subdivision three of this
section, if it appears to the satisfaction of  the  family  court  judge
that  the  allegations  in  the petition are established sufficiently to
warrant the family court judge to grant  such  petition,  to  make  such
findings and determination, and to issue such order.
  In  any  case  where a hearing is required, the family court judge, if
the holding of an immediate hearing on notice is impractical, may forth-
with, upon the basis of the instrument and the allegations of the  peti-
tion,  make a temporary finding that the parent, parents, or guardian of
the child are unable to make adequate provision for  the  care,  mainte-
nance and supervision of such child in the child's own home and that the
best  interest  and welfare of the child will be promoted by the removal
of such child from such home and thereupon, the family court judge shall
make a temporary order transferring EITHER THE TEMPORARY  PLACEMENT  AND
CARE  OR the care and custody of such child to the social services offi-
cial, and shall set the matter down for hearing on  the  first  feasible
date.
  (6)  Representation.  In  any  case where a hearing is directed by the
family court judge, he or she shall, pursuant  to  section  two  hundred
forty-nine of the family court act, appoint an attorney to represent the
child, who shall be admitted to practice law in the state of New York.
  (7)  Return  of child. If an instrument provides for the return of the
care OR CARE and custody of a child by the local social  services  offi-
cial to the parent, parents or guardian upon any terms and conditions or
at  any  time, the local social services official shall comply with such
terms of such  instrument  without  further  court  order.  Every  order
approving  an  instrument providing for the transfer of the care OR CARE
and custody of a child to a local  social  services  official  shall  be
served upon the parent, parents or guardian who executed such instrument
in  such  manner  as  the  family court judge may provide in such order,
together with a notice of the terms and conditions under which the  care
OR CARE and custody of such child may be returned to the parent, parents
or  guardian.  If  an  instrument provides for the return of the care OR
CARE and custody of a child by the local social services official to the
parent, parents or guardian without fixing  a  definite  date  for  such
return,  or if the local social services official shall fail to return a
child to the care OR CARE and custody of the child's parent, parents  or
guardian  in  accordance  with  the terms of the instrument, the parent,
parents or guardian may seek such care OR CARE and custody by motion for
return of such child and order to show cause in such  proceeding  or  by
writ of habeas corpus in the supreme court.  Nothing in this subdivision

A. 2892--A                          9

shall limit the requirement for a permanency hearing pursuant to article
ten-A of the family court act.
  (8)  Appealable  orders. Any order of a family court denying any peti-
tion of a local social services official filed pursuant to this section,
or any order of a family court granting or denying any motion filed by a
parent, parents or guardian for return  of  a  child  pursuant  to  this
section,  shall be deemed an order of disposition appealable pursuant to
article eleven of the family court act.
  (9) Duty of social services official. In the event that a family court
judge denies a petition of a social services official for approval of an
instrument, upon a finding that the welfare of the child  would  not  be
promoted  by foster care, such social services official shall not accept
or retain the care OR CARE and custody as a public charge or custody and
guardianship of such child, provided, however,  that  the  denial  by  a
family  court  judge  of  a petition of a social services official filed
pursuant to this section shall not limit or  affect  the  duty  of  such
social  services  official  to  take  such  other  action  or offer such
services as are authorized by law to promote the welfare and best inter-
ests of the child.
  (10) Visitation rights; non-custodial parents  and  grandparents.  (a)
Where  a  social services official incorporates in an instrument visita-
tion rights set forth in an order, judgment or agreement as described in
paragraph (d) of subdivision two of section three hundred  eighty-four-a
of  this  chapter, such official shall make inquiry of the state central
register of child abuse and maltreatment to determine whether or not the
person having such visitation rights is  a  subject  or  another  person
named  in  an  indicated  report of child abuse or maltreatment, as such
terms are defined in section four hundred twelve of  this  chapter,  and
shall  further ascertain, to the extent practicable, whether or not such
person is a respondent in a proceeding under article ten of  the  family
court act whereby the respondent has been alleged or adjudicated to have
abused or neglected such child.
  (b)  Where  a  social  services official or the attorney for the child
opposes incorporation of an  order,  judgment  or  agreement  conferring
visitation rights as provided for in paragraph (e) of subdivision two of
section three hundred eighty-four-a of this chapter, the social services
official  or attorney for the child shall apply for an order determining
that the provisions of such order, judgment or agreement should  not  be
incorporated into the instrument executed pursuant to such section. Such
order  shall be granted upon a finding, based on competent, relevant and
material evidence, that the child's life or health would  be  endangered
by  incorporation  and  enforcement of visitation rights as described in
such order, judgment or agreement. Otherwise, the court shall deny  such
application.
  (c)  Where  visitation rights pursuant to an order, judgment or agree-
ment are incorporated in an instrument, the  parties  may  agree  to  an
alternative schedule of visitation equivalent to and consistent with the
original or modified visitation order, judgment, or agreement where such
alternative  schedule  reflects changed circumstances of the parties and
is consistent with the best interests of the child. In  the  absence  of
such an agreement between the parties, the court may, in its discretion,
upon application of any party or the child's attorney, order an alterna-
tive  schedule  of  visitation, as described herein, where it determines
that such schedule is necessary to facilitate visitation and to  protect
the best interests of the child.

A. 2892--A                         10

  (d)  The  order  providing an alternative schedule of visitation shall
remain in effect for the  length  of  the  placement  of  the  child  as
provided  for in such instrument unless such order is subsequently modi-
fied by the court for good cause shown.  Whenever  the  court  makes  an
order  denying  or modifying visitation rights pursuant to this subdivi-
sion, the instrument described in section three hundred eighty-four-a of
this chapter shall be deemed amended accordingly.
  (11) Siblings, placement and visitation. (a) In reviewing any petition
brought under this section,  the  court  shall  inquire  if  the  social
services official has arranged for the placement of the child who is the
subject of the petition with any minor siblings or half-siblings who are
placed  in  care  or,  if  such  children have not been placed together,
whether such official has arranged  for  regular  visitation  and  other
forms of regular communication between such child and such siblings.
  (b) If the court determines that the subject child has not been placed
with his or her minor siblings or half-siblings who are in care, or that
regular  visitation and other forms of regular communication between the
subject child and his or her minor siblings  or  half-siblings  has  not
been  provided  or  arranged  for, the court may direct such official to
provide or arrange for such placement or regular visitation and communi-
cation where the court finds  that  such  placement  or  visitation  and
communication  is  in  the  child's best interests. Placement or regular
visitation and communication with siblings  or  half-siblings  shall  be
presumptively  in  the  child's  best interests unless such placement or
visitation and communication would be contrary to  the  child's  health,
safety  or  welfare,  or  the  lack of geographic proximity precludes or
prevents visitation.
  (12) For the purposes of this section, aggravated circumstances  means
where  a child has been either severely or repeatedly abused, as defined
in subdivision eight of section  three  hundred  eighty-four-b  of  this
chapter;  or  where  a child has subsequently been found to be an abused
child, as defined in paragraph  (i)  or  (iii)  of  subdivision  (e)  of
section  one  thousand twelve of the family court act, within five years
after return home following placement in foster  care  as  a  result  of
being  found  to  be a neglected child, as defined in subdivision (f) of
section one thousand twelve of the family court act, provided  that  the
respondent  or  respondents in each of the foregoing proceedings was the
same; or where the court finds by clear and convincing evidence that the
parent of a child in foster care has refused and has failed  completely,
over a period of at least six months from the date of removal, to engage
in  services  necessary  to  eliminate  the  risk of abuse or neglect if
returned to the parent, and has failed to secure services on his or  her
own or otherwise adequately prepare for the return home and, after being
informed  by  the  court  that  such  an  admission  could eliminate the
requirement  that  the  local  department  of  social  services  provide
reunification  services  to  the  parent, the parent has stated in court
under oath that he or she intends to continue to refuse  such  necessary
services  and  is  unwilling  to  secure  such services independently or
otherwise prepare for the child's return home; provided,  however,  that
if the court finds that adequate justification exists for the failure to
engage  in  or secure such services, including but not limited to a lack
of child care, a lack of transportation,  and  an  inability  to  attend
services  that  conflict  with  the parent's work schedule, such failure
shall not constitute an aggravated circumstance; or where  a  court  has
determined  a  child  five days old or younger was abandoned by a parent
with an intent to wholly abandon such child and with the intent that the

A. 2892--A                         11

child be safe from physical injury  and  cared  for  in  an  appropriate
manner.
  S  4.  Paragraph  (b)  of subdivision 1 of section 358-a of the social
services law, as amended by chapter 7 of the laws of 1999, is amended to
read as follows:
  (b) The social services official  shall  initiate  the  proceeding  by
filing  the  petition as soon as practicable, but in no event later than
thirty days following removal of  the  child  from  the  home  provided,
however,  that  the  court  shall  receive, hear and determine petitions
filed later than thirty days following removal of the child from his  or
her  home,  but  state reimbursement to the social services district for
care and maintenance provided to such child shall be denied pursuant  to
section  one  hundred fifty-three-d of this chapter. The social services
official shall diligently pursue such proceeding.  Where  the  care  and
custody  OR  TEMPORARY  PLACEMENT AND CARE of a child as a public charge
has been transferred to a  social  services  official  by  means  of  an
instrument  executed pursuant to the provisions of section three hundred
eighty-four-a of this chapter for a period of thirty days or less for an
indeterminate period which such official deems unlikely to exceed thirty
days, and thereafter such  official  determines  that  such  child  will
remain  in  his or her care and custody for a period in excess of thirty
days, such official shall, as soon as practicable but in no event  later
than  thirty days following such determination, execute with the child's
parent, parents or guardian a new instrument pursuant to  the  provision
of  section  three hundred eighty-four or three hundred eighty-four-a of
this chapter and shall file a petition in family court, pursuant to this
section, for approval of such instrument.  In  such  cases  involving  a
social  services  official, expenditures for the care and maintenance of
such child from the date of the initial transfer  [of  his]  FOR  EITHER
TEMPORARY  PLACEMENT AND CARE OR care and custody to the social services
official shall be subject to state reimbursement[,  notwithstanding  the
provisions of section one hundred fifty-three-d of this chapter].
  S  5.  Section 384-a of the social services law, as amended by chapter
669 of the laws of 1976, subdivision 1 as amended by section 52,  subdi-
vision  1-b  as  added  by section 53 and paragraph (a) and subparagraph
(iii) of paragraph (h) of subdivision 2 as amended by section 54 of part
A of chapter 3 of the laws of 2005, subdivision 1-a as amended by  chap-
ter  671  of  the  laws  of 2005, subdivision 2 as separately amended by
chapter 666 of the laws of 1976,  paragraph  (c)  of  subdivision  2  as
amended  by  chapter  256 of the laws of 1990, subparagraph (i) of para-
graph (c) of subdivision 2 as amended by chapter 69 of the laws of 1991,
subparagraph (ix) of paragraph (c) of subdivision 2 as added by  chapter
7 of the laws of 1999, paragraphs (d) and (e) as added and paragraph (g)
of  subdivision  2 as relettered and subdivision 3 as amended by chapter
457 of the laws of 1988, paragraph (f) of subdivision 2  as  amended  by
chapter  41 of the laws of 2010, paragraph (g) of subdivision 2 as added
by chapter 947 of the laws of 1981, and paragraph (h) of  subdivision  2
as  added  by  chapter  477  of  the laws of 2000, is amended to read as
follows:
  S 384-a. Transfer of [care and  custody  of]  children  FOR  TEMPORARY
PLACEMENT AND CARE OR CARE AND CUSTODY.  1. Method. [The care and custo-
dy  of  a child may be transferred by a parent or guardian, and the care
of a child may be transferred  by  any  person  to  whom  a  parent  has
entrusted  the  care  of the child, to an authorized agency by a written
instrument in accordance with the provisions of this section.] A  PARENT
OR GUARDIAN MAY EITHER:

A. 2892--A                         12

  (A)  TRANSFER  RESPONSIBILITY  FOR  TEMPORARY  PLACEMENT AND CARE OF A
CHILD SO THEY MAY RECEIVE NECESSARY SERVICES FOR  AN  EMOTIONAL,  BEHAV-
IORAL OR MENTAL DISORDER, OR MENTAL OR PHYSICAL DISABILITY TO AN AUTHOR-
IZED AGENCY BY A WRITTEN INSTRUMENT IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION; OR
  (B)  TRANSFER  THE CARE AND CUSTODY OF A CHILD TO AN AUTHORIZED AGENCY
BY A WRITTEN INSTRUMENT  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
SECTION.
  1-A.  THE  CARE  OF  A  CHILD MAY ALSO BE TRANSFERRED TO AN AUTHORIZED
AGENCY BY ANY PERSON TO WHOM A PARENT HAS  ENTRUSTED  THE  CARE  OF  THE
CHILD. Such transfer by a person who is not the child's parent or guard-
ian shall not affect the rights or obligations of the parents or guardi-
an, and such transfer shall be deemed a transfer of the care and custody
of  the child for the purposes of section three hundred fifty-eight-a of
this chapter.
  [1-a.] 1-B. Prior to accepting a transfer of care and custody, a local
social services official shall commence a search to locate any  non-res-
pondent parent of the child and shall conduct an immediate investigation
to  (a)  locate  relatives  of  the  child, including all of the child's
grandparents, all suitable relatives identified by either and any  rela-
tive  identified by a child over the age of five as a relative who plays
or has played a significant positive role in his or  her  life,  and  to
inform  them of the opportunity for becoming foster parents or for seek-
ing custody or care of the child, and that the child may be  adopted  by
foster  parents  if  attempts at reunification with the birth parent are
not required or are unsuccessful; and to determine whether the child may
appropriately be placed with a suitable person related to the child  and
whether such relative seeks approval as a foster parent pursuant to this
chapter  for the purposes of providing care for such child, or wishes to
provide care and custody for the child until the parent or other  person
responsible for the care of the child is able to resume custody; and (b)
identify  minor  siblings or half-siblings of the child and to determine
whether such siblings or half-siblings have been  or  are  being  trans-
ferred  FOR  TEMPORARY  PLACEMENT AND CARE OR to the care and custody of
such official. Such official shall provide or arrange for the  provision
of care so as to permit the child and his or her minor siblings or half-
siblings to be placed together unless, in the judgment of such official,
such  placement would be contrary to the best interests of the children;
whereupon, such official shall provide or arrange for regular visitation
and other forms of regular communication between such  children  unless,
in  the  judgment  of  such  official, such visitation and communication
would be contrary to the best interests of such children.  Placement  or
regular  visitation  and  communication  with  siblings or half-siblings
shall be presumptively in the child's best interests unless such  place-
ment  or  visitation  and communication would be contrary to the child's
health, safety or welfare, or the lack of geographic proximity precludes
or prevents visitation.
  [1-b.] 1-C. Upon accepting the transfer of care and custody of a child
from the parent, guardian or other person to whom care of the child  has
been  entrusted,  a local social services official shall obtain informa-
tion to the extent known from such person regarding  the  other  parent,
any  person  to  whom  the parent transferring care and custody had been
married at the time of the conception or birth  of  the  child  and  any
other  person  who would be entitled to notice of a proceeding to termi-
nate parental rights pursuant to section three hundred eighty-four-c  of
this  title. Such information shall include, but not be limited to, such

A. 2892--A                         13

parent's or person's name, last-known address, social  security  number,
employer's  address  and any other identifying information. Any informa-
tion provided pursuant to this subdivision  shall  be  recorded  in  the
uniform  case  record maintained pursuant to section four hundred nine-f
of this article; provided, however, that the  failure  to  provide  such
information shall not invalidate the transfer of care and custody.
  2.  Terms.  (a) The instrument shall be upon such terms, for such time
and subject to such conditions as may be  agreed  upon  by  the  parties
thereto.    The  office  of  children and family services may promulgate
suggested terms and conditions for inclusion in  such  instruments,  but
shall  not require that any particular terms and conditions be included.
If the instrument provides that the child  is  to  be  returned  by  the
authorized  agency  on a date certain or upon the occurrence of an iden-
tifiable event, such agency shall return such child at such time  unless
such  action  would be contrary to court order entered at any time prior
to such date or event or within ten days thereafter pursuant to  section
three  hundred eighty-four-b of this title or article six, ten, or ten-A
of the family court act or unless and so long as the parent or  guardian
is  unavailable  or  incapacitated  to  receive the child. The parent or
guardian may, upon written notice to such agency, request return of  the
child at any time prior to the identified date or event[, whereupon]. IF
THE  RESPONSIBILITY  OF  THE  CHILD  HAS  BEEN TRANSFERRED FOR TEMPORARY
PLACEMENT AND CARE, SUCH AGENCY SHALL RETURN THE CHILD. IF THE CARE  AND
CUSTODY OF THE CHILD HAS BEEN TRANSFERRED such agency may, without court
order,  return  the  child  or,  within ten days after such request, may
notify the parent or guardian that such request is denied. If such agen-
cy denies or fails to act upon such request, the parent or guardian  may
seek  return  of  the  care and custody of the child by motion in family
court for return of such child and order to show cause, or  by  writ  of
habeas  corpus  in the supreme court or family court.  If the instrument
fails to specify a date or identifiable event  upon  which  such  agency
shall return such child, such agency shall return the child within twen-
ty  days after having received notice that the parent or guardian wishes
the child returned, unless such action would be contrary to court  order
entered  at  any  time prior to the expiration of such twenty day period
pursuant to section three hundred eighty-four-b of this title or article
six, ten, or ten-A of the family court act.   Expenditures  by  a  local
social services district for the care and maintenance of a child who has
been  continued  in the care of an authorized agency in violation of the
provisions of this subdivision shall not be subject to state  reimburse-
ment.
  (b) [No] WHEN THE RESPONSIBILITY OF THE CHILD HAS BEEN TRANSFERRED FOR
TEMPORARY PLACEMENT AND CARE NO provisions set forth in any such instru-
ment regarding the right of the parent or guardian to visit the child or
to  have services provided to the child and to the parent or guardian to
strengthen the parental relationship may be terminated or limited by the
authorized agency [having the care and custody of the child].  WHEN  THE
CARE  AND  CUSTODY OF THE CHILD HAS BEEN TRANSFERRED SUCH RIGHTS MAY NOT
BE TERMINATED OR LIMITED  BY  THE  AUTHORIZED  AGENCY  unless:  (i)  the
instrument  shall have been amended to so limit or terminate such right,
pursuant to subdivision three of this section;  or  (ii)  the  right  of
visitation or to such services would be contrary to or inconsistent with
a court order obtained in any proceeding in which the parent or guardian
was a party.
  (c)  The instrument shall state, in lay terms, in conspicuous print of
at least eighteen point type:

A. 2892--A                         14

  (i) that the parent or guardian has the right, prior  to  signing  the
instrument  transferring  EITHER  THE  RESPONSIBILITY  OF  THE CHILD FOR
TEMPORARY PLACEMENT AND CARE OR TRANSFERRING the care and custody of the
child to an authorized agency, to legal representation of  the  parent's
own  choosing.    The agency shall provide the parent or guardian with a
list of attorneys or legal services organizations, if any, which provide
free legal services to persons unable to otherwise obtain such services;
  (ii) that the parent or guardian MAY  EITHER  TRANSFER  THE  CARE  AND
CUSTODY  OF  THE  CHILD, OR TRANSFER THE RESPONSIBILITY OF THE CHILD FOR
TEMPORARY PLACEMENT AND CARE BUT has no legal obligation to transfer the
[care and custody of the] child to such  official,  and  will  incur  no
legal sanction for failing to do so;
  (iii) that the law permits the instrument to specify a date certain or
an  identifiable event upon which the child is to be returned, and if no
date or event is specified, that the parent or guardian has a  right  to
the  return  of  the  child  within twenty days of a request for return,
unless otherwise ordered by the court; and to otherwise have  the  child
returned  in  accordance  with  the  terms  of  the  instrument  and the
provisions of this section;
  (iv) that the parent or guardian has a right to  supportive  services,
which  shall include preventive and other supportive services authorized
to be provided pursuant to the state's consolidated  services  plan,  to
visit  the child, and to determine jointly with the agency the terms and
frequency of visitation;
  (v) that the parent or guardian, subject to the terms of  the  instru-
ment, has an obligation
  (A) to visit the child,
  (B) to plan for the future of the child,
  (C) to meet with and consult with the agency about such plan,
  (D)  to contribute to the support of the child to the extent of his or
her financial ability to do so, and
  (E) to inform the agency of any change of name and address;
  (vi) [that] IF THE CARE AND CUSTODY OF THE CHILD HAS BEEN  TRANSFERRED
the  failure of the parent or guardian to meet the obligations listed in
subparagraph (v) OF THIS PARAGRAPH  could  be  the  basis  for  a  court
proceeding  for  the  commitment  of the guardianship and custody of the
child to an authorized agency thereby terminating parental rights;
  (vii) IF THE RESPONSIBILITY OF THE  CHILD  HAS  BEEN  TRANSFERRED  FOR
TEMPORARY  PLACEMENT  AND  CARE THE FAILURE OF THE PARENT OR GUARDIAN TO
MEET THE OBLIGATIONS LISTED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH MAY BE
THE BASIS FOR A PETITION TO THE COURT FOR TRANSFER OF CARE  AND  CUSTODY
OF THE CHILD TO AN AUTHORIZED AGENCY;
  (VIII)  that  the  parent  or  guardian  has a right to a fair hearing
pursuant to section twenty-two of this chapter concerning  the  agency's
failure  to  permit  the  parent  or  guardian  to visit the child or to
provide supportive services, which shall include  preventive  and  other
supportive  services  authorized  to be provided pursuant to the state's
consolidated services plan, to the child and to the parent or guardian;
  [(viii)] (IX) the amount of money which the parent  will  periodically
contribute  to  the  support  of  the  child  and  the schedule for such
payments, if known.
  [(ix) that if] (X) IF THE CARE AND  CUSTODY  OF  THE  CHILD  HAS  BEEN
TRANSFERRED AND 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.

A. 2892--A                         15

  (d) In any case where a parent who has transferred EITHER THE  RESPON-
SIBILITY OF A CHILD FOR TEMPORARY PLACEMENT AND CARE OR TRANSFERRED care
and  custody  of  a child to a social services official pursuant to this
section informs the social services official that an order  or  judgment
conferring  visitation  rights relating to the child has been entered by
the family court or  supreme  court  or  that  a  written  agreement  as
described  in  section  two hundred thirty-six of the domestic relations
law between the parents confers such  rights,  any  instrument  executed
pursuant to this section shall incorporate the provisions of such order,
judgment  or agreement to the extent that visitation rights are affected
and shall provide for visitation or other rights  as  required  by  such
order,  judgment  or  agreement. Such incorporation shall not preclude a
social services official from exercising his authority pursuant to para-
graph (e) or (f) of this subdivision.
  (e) Where a social  services  official  opposes  incorporation  of  an
order, judgment or agreement described in paragraph (d) of this subdivi-
sion,  such  official may, upon execution of the instrument described in
this section and upon notice to the non-custodial parent or  grandparent
named  in  such  order,  judgment  or  agreement,  be heard thereon in a
proceeding pursuant to section three hundred fifty-eight-a of this chap-
ter.
  (f) Nothing in this section shall  be  deemed  to  prohibit  a  social
services  official  or an attorney for the child, if any, from making an
application to modify the terms  of  a  visitation  order,  incorporated
pursuant  to  this  section,  for  good  cause shown, upon notice to all
interested parties, or to limit the right of a non-custodial  parent  or
grandparent to seek visitation pursuant to applicable provisions of law.
  (g)  In the event a child whose care and custody is transferred pursu-
ant to this section is admitted to a hospital operated  or  licensed  by
the  office  of  mental  health  and  cannot be returned to the physical
custody of his or her parent or guardian upon request because,  pursuant
to  section  four  hundred  of this chapter, the medical director of the
facility has not authorized the removal of the child,  the  child  shall
nonetheless be deemed to have been returned to the legal care and custo-
dy  of  his or her parent or guardian. Expenditures by a social services
district for the care and maintenance of such a child shall  be  subject
to  state  reimbursement  notwithstanding  the provisions of section one
hundred fifty-three-b of this chapter.
  (h) (i) Where a local social services official determines that a child
is at significant risk of placement in the care and custody of the local
commissioner of social services during the eighteen  months  immediately
following  review by such official because the custodial parent or legal
guardian of such child is suffering  from  a  progressively  chronic  or
irreversibly  fatal illness and it is determined that there is neither a
relative nor a close friend identified by the custodial  parent  or  the
legal  guardian  able  to  assume  legal  guardianship of the child, the
custodial parent or legal guardian shall be assisted by the local social
services district in transferring the care and custody of the  child  to
an  authorized  agency  by  a  written instrument in accordance with the
provisions for this section which provides the transfer shall  not  take
effect  until  the parent or legal guardian dies, becomes debilitated or
incapacitated as defined in subdivision one of section seventeen hundred
twenty-six of the surrogate's court procedure act.
  (ii) Where a local social services official determines that a child is
at significant risk of placement in the care and custody  of  the  local
commissioner  of  social services during the eighteen months immediately

A. 2892--A                         16

following a review of such official  because  the  custodial  parent  or
legal guardian is suffering from a progressively chronic or irreversibly
fatal  illness and there is a relative or close friend identified by the
custodial  parent  or  legal  guardian who is able and willing to assume
care and custody of the child, but who requires foster care services and
financial support thereof pursuant  to  section  three  hundred  ninety-
eight-a of this article, the custodial parent or legal guardian shall be
assisted  by the local social services district in transferring the care
and custody of the child to an authorized agency by a written instrument
in accordance with the provisions of this section. Such instrument shall
provide that the transfer of custody shall not  take  effect  until  the
parent  or  legal guardian dies, becomes debilitated or incapacitated as
defined in subdivision one of section seventeen  hundred  twenty-six  of
the  surrogate's court procedure act. If otherwise qualified, the social
services official shall assist the person identified to accept care  and
custody of the child to become certified as a foster parent.
  (iii)  A  local  social  services  official who accepts or proposes to
accept the care and custody of a child by means of a written  instrument
executed  pursuant  to  this paragraph, shall, pursuant to section three
hundred fifty-eight-a of this chapter, petition the family court of  the
county  or  city  in which the local social services official has his or
her office to approve such  written  instrument.  A  written  instrument
executed  pursuant  to  this  paragraph and approved pursuant to section
three hundred fifty-eight-a of this chapter shall be in effect until the
court reviews the child's placement pursuant to  article  ten-A  of  the
family  court  act.  The status of a child subject to such an instrument
shall be reviewed by the court pursuant to article ten-A of  the  family
court act.
  (iv)  Upon  receiving  a notice from the custodial parent or the legal
guardian that the parent or legal guardian is no longer  debilitated  or
incapacitated and that the parent or legal guardian requests the immedi-
ate  return of the child, the social services district shall return such
child to the parent or legal  guardian  within  ten  days  of  receiving
notice,  except where a contrary court order has been issued pursuant to
part two, five or seven of article ten of the family court act.
  3. Amendment. (a) The parties to the instrument or  anyone  acting  on
their  behalf with their consent may amend it by mutual consent but only
by a supplemental instrument executed in the same manner as the original
instrument. The supplemental instrument shall be attached to, and become
part of, the original  instrument.  The  supplemental  instrument  shall
contain  the  recitation required in paragraph (c) of subdivision two of
this section.
  (b) The instrument shall also be deemed amended where ordered  by  the
family  court pursuant to the provisions of paragraph (d) of subdivision
ten of section three hundred fifty-eight-a of this chapter.
  4. Execution. The instrument shall be executed in the presence of  one
or  more  witnesses  and  shall  include  only the provisions, terms and
conditions agreed upon by the parties thereto.
  5. Records. The instrument shall be kept in a file maintained for that
purpose by the agency accepting the care and custody  of  the  child.  A
copy  of  the instrument shall be given to the parent or guardian at the
time of the execution of the instrument.
  6. An instrument executed pursuant to the provisions of  this  section
shall not constitute a remand or commitment pursuant to this chapter.
  S  6.  The  office  of  children and family services shall, within six
months of the effective date of this act:

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  (a) amend its internal policies, manuals and practices to comply  with
the provisions of this act;
  (b)  make  every effort to ensure that local social services districts
comply with the provisions of this act; and
  (c) initiate formal proceedings to amend  its  rules  and  regulations
including,  but  not limited to, section 430.10 of title 18 of the offi-
cial compilation of codes, rules and regulations of  the  state  of  New
York.
  S  7.  The  commissioner of the office of children and family services
shall submit two reports to the governor and the legislature, the  first
of  which shall be delivered eighteen months after the effective date of
this act and the second report  shall  be  delivered  thirty-six  months
after the first report which shall include:
  (a)  an  analysis  of  the impact of this act on local social services
districts to include but not be limited to obstacles to  implementation,
changes in parental attitudes and/or participation in planning for their
child, impact on placement outcomes, and recommendations; and
  (b)  related feedback and recommendations from parents who have sought
to retain custody of their children  being  placed  by  a  local  social
services  official,  when  the  primary reason for such placement is the
provision of necessary services for the child's emotional, behavioral or
mental disorder.
  S 8. This act shall take effect immediately; provided that the  amend-
ments  to  paragraph (b) of subdivision 1 of section 358-a of the social
services law made by section three of this act shall be subject  to  the
expiration  and  reversion  of  such paragraph pursuant to section 28 of
part C of chapter 83 of the laws of 2002, as amended when upon such date
the provisions of section four of this act shall take effect.