Assembly Bill A3699A

2013-2014 Legislative Session

Provides for the establishment of kinship guardianships for kinship foster parent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A3699 - Details

See Senate Version of this Bill:
S1173
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §1059, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A1197, S1092
2011-2012: A909, A6851, S563
2015-2016: A3347
2017-2018: A2121

2013-A3699 - Summary

Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.

2013-A3699 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3699

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the  family  court  act,  in  relation  to  establishing
  kinship guardianship

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

  Section 1. The family court act is amended by  adding  a  new  section
1059 to read as follows:
  S  1059.  KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS.  WHEN  USED IN THIS
SECTION:
  A. "KINSHIP FOSTER CHILD" SHALL MEAN A  CHILD  PLACED  WITH  A  SOCIAL
SERVICES  OFFICIAL  PURSUANT  TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS
PART WHO IS PLACED EITHER (I) AS A  KINSHIP  FOSTER  CHILD  PURSUANT  TO
REGULATIONS  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A
FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL  OR
OTHER  AUTHORIZED  AGENCY  IN  THE  HOME  OF A RELATIVE WITHIN THE THIRD
DEGREE;
  B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS  APPROVED
OR  CERTIFIED  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED  WITHIN
THE THIRD DEGREE.
  2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
SECTION  ONE THOUSAND FIFTY-FIVE OF THIS PART TO HAVE THE KINSHIP FOSTER
PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION  SHALL
ALLEGE  THAT  THE  CHILD  WAS PLACED, THAT MORE THAN FIFTEEN MONTHS HAVE
PASSED SINCE THE DATE OF THE ORDER PLACING THE CHILD, THAT  THE  PARENTS
OF  THE  CHILD  ARE  PRESENTLY  AND FOR THE FORESEEABLE FUTURE UNABLE TO
PROVIDE PROPER AND ADEQUATE CARE  FOR  THE  CHILD,  NOTWITHSTANDING  THE
AUTHORIZED  AGENCY'S  DILIGENT  EFFORTS  TO ENCOURAGE AND STRENGTHEN THE
PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05003-01-3
              

co-Sponsors

2013-A3699A (ACTIVE) - Details

See Senate Version of this Bill:
S1173
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §1059, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A1197, S1092
2011-2012: A909, A6851, S563
2015-2016: A3347
2017-2018: A2121

2013-A3699A (ACTIVE) - Summary

Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.

2013-A3699A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3699--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Judiciary -- recommitted to the Committee on Judiciary in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  family  court  act,  in  relation  to  establishing
  kinship guardianship

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

  Section 1. The family court act is amended by  adding  a  new  section
1059 to read as follows:
  S  1059.  KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS.  WHEN  USED IN THIS
SECTION:
  A. "KINSHIP FOSTER CHILD" SHALL MEAN A  CHILD  PLACED  WITH  A  SOCIAL
SERVICES  OFFICIAL  PURSUANT  TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS
PART WHO IS PLACED EITHER (I) AS A  KINSHIP  FOSTER  CHILD  PURSUANT  TO
REGULATIONS  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A
FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL  OR
OTHER  AUTHORIZED  AGENCY  IN  THE  HOME  OF A RELATIVE WITHIN THE THIRD
DEGREE;
  B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS  APPROVED
OR  CERTIFIED  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED  WITHIN
THE THIRD DEGREE.
  2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
SECTION  ONE THOUSAND FIFTY-FIVE OF THIS PART TO HAVE THE KINSHIP FOSTER
PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION  SHALL
ALLEGE  THAT  THE  CHILD  WAS PLACED, THAT MORE THAN FIFTEEN MONTHS HAVE
PASSED SINCE THE DATE OF THE ORDER PLACING THE CHILD, THAT  THE  PARENTS
OF  THE  CHILD  ARE  PRESENTLY  AND FOR THE FORESEEABLE FUTURE UNABLE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05003-03-4
              

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