S T A T E   O F   N E W   Y O R K
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                                  7623

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT to amend the family court act and the domestic relations law, in
  relation to non-respondent parents in child protective and  permanency
  proceedings in family court

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

  Section 1. Section 651 of the family court act is amended by adding  a
new subdivision (c-1) to read as follows:
  (C-1)  WHERE  A  PROCEEDING  FILED PURSUANT TO ARTICLE TEN OR TEN-A OF
THIS ACT IS PENDING AT THE SAME TIME AS  A  PROCEEDING  BROUGHT  IN  THE
FAMILY  COURT  PURSUANT  TO  THIS  ARTICLE, THE COURT PRESIDING OVER THE
PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THIS ACT MAY JOINTLY  HEAR  THE
HEARING  ON  THE  CUSTODY AND VISITATION PETITION UNDER THIS ARTICLE AND
THE DISPOSITIONAL HEARING ON THE  PETITION  UNDER  ARTICLE  TEN  OR  THE
PERMANENCY  HEARING  UNDER ARTICLE TEN-A OF THIS ACT; PROVIDED, HOWEVER,
THE COURT MUST DETERMINE THE CUSTODY AND VISITATION PETITION IN  ACCORD-
ANCE WITH THE TERMS OF THIS ARTICLE.
  S  2.  Section 1012 of the family court act is amended by adding three
new subdivisions (l), (m) and (n) to read as follows:
  (L) "PARENT" MEANS A PERSON WHO IS RECOGNIZED UNDER THE  LAWS  OF  THE
STATE OF NEW YORK TO BE THE CHILD'S LEGAL PARENT.
  (M)  "RELATIVE" MEANS ANY PERSON WHO IS RELATED TO THE CHILD BY BLOOD,
MARRIAGE OR ADOPTION AND WHO IS NOT A PARENT, PUTATIVE PARENT  OR  RELA-
TIVE OF A PUTATIVE PARENT OF THE CHILD.
  (N)  "SUITABLE  PERSON"  MEANS  ANY  PERSON  WHO PLAYS OR HAS PLAYED A
SIGNIFICANT POSITIVE ROLE IN THE CHILD'S LIFE OR  IN  THE  LIFE  OF  THE
CHILD'S FAMILY.
  S  3.  Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
of section 1017 of the family court act, subdivision 1 and paragraph (a)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09934-05-3
              

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of subdivision 2 as amended by section 10 of part A of chapter 3 of  the
laws  of  2005,  the  opening  paragraph  of subdivision 1 as separately
amended by chapter 671 of the laws of 2005, subparagraphs (i)  and  (ii)
of  paragraph (a) of subdivision 2 as amended and subdivision 3 as added
by chapter 519 of the laws of 2008, are amended to read as follows:
  1. In any proceeding under this article,  when  the  court  determines
that  a child must be removed from his or her home, pursuant to part two
of this article, or placed, pursuant to section one thousand  fifty-five
of this article[,]:
  (A)  the  court shall direct the local commissioner of social services
to conduct an  immediate  investigation  to  locate  any  non-respondent
parent of the child and any relatives of the child, including all of the
child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden-
tified  by  any  respondent  parent or any non-respondent parent and any
relative 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].   THE LOCAL COMMISSIONER SHALL  inform  them  IN  WRITING  of  the
pendency  of  the proceeding and of the opportunity for [becoming foster
parents or for seeking custody or care] NON-RESPONDENT PARENTS  TO  SEEK
TEMPORARY  RELEASE  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] UNDER THIS ARTICLE OR CUSTODY UNDER
ARTICLE SIX OF THIS ACT OR  FOR  RELATIVES  TO  SEEK  TO  BECOME  FOSTER
PARENTS  OR  TO  PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK CUSTODY
PURSUANT TO ARTICLE SIX OF THIS ACT; OR FOR SUITABLE PERSONS  TO  BECOME
FOSTER  PARENTS OR PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK GUAR-
DIANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT. UNIFORM STATEWIDE RULES OF
COURT SHALL SPECIFY THE CONTENTS  OF  THE  NOTICE  CONSISTENT  WITH  THE
PROVISIONS  OF  THIS  SECTION. The local commissioner of social services
shall [record] REPORT the results of  such  investigation,  OR  INVESTI-
GATIONS  TO THE COURT AND PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD.
THE LOCAL COMMISSIONER SHALL ALSO RECORD THE  RESULTS  OF  THE  INVESTI-
GATION  OR INVESTIGATIONS, including, but not limited to, the name, last
known address, social security number, employer's address and any  other
identifying information to the extent known regarding any non-respondent
parent,  in  the uniform case record maintained pursuant to section four
hundred nine-f of the social services  law.  For  the  purpose  of  this
section,  "non-respondent  parent"  shall  include  a person entitled to
notice of the pendency of the proceeding and of the right  to  intervene
as  an interested party pursuant to subdivision (d) of section one thou-
sand thirty-five of this article, and a non-custodial parent entitled to
notice and the right to enforce visitation rights pursuant  to  subdivi-
sion (e) of section one thousand thirty-five of this article.
  (B)  THE  COURT  SHALL  ALSO  DIRECT  THE LOCAL COMMISSIONER OF SOCIAL
SERVICES TO CONDUCT AN INVESTIGATION TO LOCATE ANY  PERSON  WHO  IS  NOT
RECOGNIZED  TO  BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE THE RIGHTS
OF A LEGAL PARENT UNDER THE LAWS OF THE STATE OF NEW YORK  BUT  WHO  (I)
HAS  FILED  WITH  A PUTATIVE FATHER REGISTRY AN INSTRUMENT ACKNOWLEDGING
PATERNITY OF THE CHILD, PURSUANT TO SECTION 4-1.2 OF THE ESTATES, POWERS
AND TRUSTS LAW, OR (II) HAS A PENDING PATERNITY PETITION, OR  (III)  HAS
BEEN  IDENTIFIED AS A PARENT OF THE CHILD BY THE CHILD'S OTHER PARENT IN
A WRITTEN SWORN STATEMENT. THE LOCAL  COMMISSIONER  OF  SOCIAL  SERVICES
SHALL REPORT THE RESULTS OF SUCH INVESTIGATION TO THE COURT AND PARTIES,
INCLUDING THE ATTORNEY FOR THE CHILD.
  (C) The court shall determine:

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  [(a)]  (I)  whether  there  is  a [suitable] non-respondent parent [or
other person related to the child], RELATIVE  OR  SUITABLE  PERSON  with
whom such child may appropriately reside; and
  [(b)]  (II) in the case of a relative OR SUITABLE PERSON, whether such
[relative] INDIVIDUAL seeks approval as a foster parent pursuant to  the
social  services  law for the purposes of providing care for such child,
or wishes to provide free care [and custody] for the  child  during  the
pendency of any orders pursuant to this article.
  (a) where the court, AFTER A REVIEW OF THE REPORTS OF THE SEX OFFENDER
REGISTRY  ESTABLISHED  AND  MAINTAINED  PURSUANT  TO SECTION ONE HUNDRED
SIXTY-EIGHT-B OF THE CORRECTION LAW, REPORTS OF THE STATEWIDE  COMPUTER-
IZED  REGISTRY OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSU-
ANT TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE  EXECUTIVE  LAW,  RELATED
DECISIONS  IN  COURT  PROCEEDINGS  UNDER  THIS  ARTICLE AND ALL WARRANTS
ISSUED UNDER THIS ACT,  determines  that  the  child  may  APPROPRIATELY
reside  with  a  [suitable]  non-respondent  parent or other relative or
[other] suitable person, either:
  (i) grant [an] A TEMPORARY order of custody or  guardianship  to  such
non-respondent  parent,  [other]  relative  or  [other]  suitable person
pursuant to A PETITION FILED UNDER  ARTICLE  SIX  OF  THIS  ACT  PENDING
FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A
FINAL  ORDER  OF  CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT,
RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE  SIX  OF  THIS  ACT  AND
section one thousand fifty-five-b of this article; or
  (ii)  [place]  TEMPORARILY  RELEASE the child directly [in the custody
of] TO such non-respondent parent[,  other]  OR  TEMPORARILY  PLACE  THE
CHILD  WITH A relative or [other] suitable person pursuant to this arti-
cle during the pendency of the proceeding or until further order of  the
court,  whichever is earlier and conduct such other and further investi-
gations as the court deems necessary. THE COURT MAY DIRECT  THE  COMMIS-
SIONER  OF  SOCIAL  SERVICES,  PURSUANT  TO REGULATIONS 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 TWEN-
TY-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
  (iii) remand or place the child, as applicable, with the local commis-
sioner of social services and direct such commissioner to have the child
reside  with such relative or [other] suitable person and further direct
such commissioner pursuant to regulations of the office of children  and
family  services, to commence an investigation of the home of such rela-
tive or other suitable person within twenty-four  hours  and  thereafter
approve  such  relative  or  other  suitable  person, if qualified, as a
foster parent. If such home is found to be unqualified for approval, the
local commissioner shall report such fact AND THE REASONS THEREAFTER  to
the  court AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, forth-
with.
  3. An order [placing]  TEMPORARILY  RELEASING  a  child  [with]  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  PLACING  A  CHILD  WITH  A  LOCAL  COMMISSIONER OF SOCIAL

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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
[relative  or  other  suitable] person [consents] OR PERSONS TO WHOM THE
CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the jurisdiction of the
court WITH RESPECT TO THE CHILD.  The [court] 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 [place the person with whom the child
has been directly placed under supervision during the  pendency  of  the
proceeding.  Such  supervision  shall be provided by a] 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 RESPOND-
ENTS,  SIBLINGS  AND OTHERS AND FOR APPOINTMENTS WITH THE CHILD'S ATTOR-
NEY, child  protective  agency,  social  services  official  [or],  duly
authorized  agency,  CLINICIAN  OR OTHER INDIVIDUAL OR PROGRAM PROVIDING
SERVICES TO THE CHILD DURING THE PENDENCY OF THE PROCEEDING.  The  court
also  may issue a temporary order of protection under subdivision (f) of
section one thousand twenty-two, section one  thousand  twenty-three  or
section  one thousand twenty-nine of this article AND AN ORDER DIRECTING
THAT SERVICES BE PROVIDED PURSUANT TO SECTION ONE THOUSAND FIFTEEN-A  OF
THIS  PART. [An order of supervision issued pursuant to this subdivision
shall set forth the terms and conditions that the relative  or  suitable
person  must  meet  and  the  actions  that the child protective agency,
social services official or duly authorized agency must take to exercise
such supervision.]
  S 4. Section 1022-a of the family court act, as added by  chapter  336
of the laws of 1990, is amended to read as follows:
  S  1022-a. Preliminary orders; notice and appointment of counsel. At a
hearing held pursuant to section [ten hundred] ONE  THOUSAND  twenty-two
of  this  [act] PART at which the respondent is present, the court shall
advise the respondent AND ANY NON-RESPONDENT PARENT WHO  IS  PRESENT  of
the  allegations  in  the application and shall appoint counsel for [the
respondent pursuant to] EACH IN  ACCORDANCE  WITH  section  two  hundred
sixty-two of this act [where the respondent is indigent], UNLESS WAIVED.
  S 5. Subparagraph (C) of paragraph (i) of subdivision (b) and subdivi-
sion  (d)  of  section 1027 of the family court act, subparagraph (C) of
paragraph (i) of subdivision (b) as amended by chapter 671 of  the  laws
of 2005 and subdivision (d) as added by chapter 962 of the laws of 1970,
are amended to read as follows:
  (C)  [in the custody of] WITH a relative or suitable person other than
the respondent.
  (d) Upon such hearing, the court may, for good  cause  shown,  release
the  child to [the custody of] his OR HER parent or other person legally
responsible for his OR HER care, pending a final order  of  disposition,
in  accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF
section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE.
  S 6. The opening paragraph of subdivision (d) of section 1035  of  the
family  court  act,  as  amended  by chapter 526 of the laws of 2003, is
amended to read as follows:
  Where the respondent is not the child's parent, service of the summons
and petition shall also be ordered on both of the child's parents; where
only one of the child's  parents  is  the  respondent,  service  of  the
summons  and petition shall also be ordered on the child's other parent.
The summons and petition shall be accompanied by a notice of pendency of
the child protective proceeding advising the parents or  parent  of  the

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right to appear and participate in the proceeding as an interested party
intervenor for the purpose of seeking temporary and permanent RELEASE OF
THE  CHILD  UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX
OF  THIS  ACT,  and to participate thereby in all arguments and hearings
insofar as they affect the temporary RELEASE OR  custody  of  the  child
during  fact-finding  proceedings,  and  in  all phases of dispositional
proceedings. The notice shall also ADVISE THE PARENT OR PARENTS  OF  THE
RIGHT  TO  COUNSEL,  INCLUDING ASSIGNED COUNSEL, PURSUANT TO SECTION TWO
HUNDRED SIXTY-TWO OF THIS ACT, AND ALSO indicate that:
  S 7. Subdivision (a) of section 1052  of  the  family  court  act,  as
amended  by  chapter  519  of  the  laws  of 2008, is amended to read as
follows:
  (a) At the conclusion of a dispositional hearing under  this  article,
the  court  shall enter an order of disposition directing one or more of
the following:
  (i) suspending judgment in accord with  section  one  thousand  fifty-
three of this part; or
  (ii)  releasing  the  child  to  [the custody of his] A NON-RESPONDENT
PARENT OR parents or [other person legally responsible] LEGAL  CUSTODIAN
OR  CUSTODIANS  OR GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE NOT RESPOND-
ENTS IN THE PROCEEDING, in accord with section one  thousand  fifty-four
of this part; or
  (iii) placing the child in accord with section one thousand fifty-five
of this part; or
  (iv) making an order of protection in accord with SECTION one thousand
fifty-six of this part; or
  (v)  RELEASING  THE  CHILD TO THE RESPONDENT OR RESPONDENTS OR placing
the respondent OR RESPONDENTS under supervision, OR BOTH, in accord with
section one thousand fifty-seven of this part; or
  (vi) granting custody of the child to A RESPONDENT PARENT OR  PARENTS,
A  RELATIVE  OR  relatives  or  A suitable PERSON OR persons pursuant to
ARTICLE SIX OF THIS ACT AND section one thousand  fifty-five-b  of  this
part; OR
  (VII)  GRANTING  CUSTODY  OF  THE  CHILD TO A NON-RESPONDENT PARENT OR
PARENTS PURSUANT TO ARTICLE SIX OF THIS ACT.
  However, the court shall not enter an order of  disposition  combining
placement  of the child under paragraph (iii) of this subdivision with a
disposition under paragraph (i) or (ii) of this  subdivision.  An  order
granting  custody  of  the  child pursuant to paragraph (vi) OR (VII) of
this subdivision shall not be combined with any other disposition  under
this subdivision.
  S  8. Section 1054 of the family court act, as amended by chapter 1039
of the laws of 1973, subdivision (a) as amended by  chapter  41  of  the
laws  of  2010 and subdivision (b) as amended by chapter 458 of the laws
of 1989, is amended to read as follows:
  S 1054. Release to [custody of] NON-RESPONDENT parent or [other person
responsible for care; supervision or order of protection]  LEGAL  CUSTO-
DIAN  OR GUARDIAN.   (a) [If the] AN order of disposition [releases] MAY
RELEASE the child FOR A DESIGNATED PERIOD OF UP  TO  ONE  YEAR  to  [the
custody  of  his or her] A NON-RESPONDENT parent or [other] PARENTS OR A
person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN
THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the
petition, [the] 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.

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  (B) THE court may [place] REQUIRE the  person  OR  PERSONS  to  [whose
custody]  WHOM  the  child  is  released  under  [supervision of a] THIS
SECTION TO SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT  TO  THE
CHILD  FOR  THE  PERIOD  OF THE DISPOSITION OR AN EXTENSION THEREOF. THE
ORDER MAY INCLUDE, BUT IS NOT 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  THE  CHILD'S  ATTORNEY,  child protective agency [or of a], social
services official or duly authorized agency, CLINICIAN OR OTHER INDIVID-
UAL 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 OFFICIAL  AND  DULY  AUTHORIZED
AGENCY WITH RESPECT TO THE CHILD.
  (C)  IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A NON-RESPON-
DENT PARENT, LEGAL CUSTODIAN OR GUARDIAN  UNDER  THIS  SUBDIVISION,  THE
COURT  MAY  ALSO  ISSUE  ANY OR ALL OF THE FOLLOWING ORDERS: AN ORDER OF
SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV-
EN, AN ORDER DIRECTING THAT  SERVICES  BE  PROVIDED  TO  THE  RESPONDENT
PARENT  UNDER  SECTION ONE THOUSAND FIFTEEN-A or [may enter] an order of
protection under section one thousand fifty-six[, or both] OF THIS ARTI-
CLE. An order of  supervision  OF  THE  RESPONDENT  entered  under  this
[section  shall  set  forth the terms and conditions of such supervision
that the respondent must meet and the actions that the child  protective
agency,  social services official or duly authorized agency must take to
exercise such supervision] SUBDIVISION MAY BE EXTENDED  UPON  A  HEARING
FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
  (D)  Except  as  provided  for herein, in any order issued pursuant to
this section, the court may require the child protective agency to  make
progress  reports to the court, the parties, and the child's attorney on
the implementation of such order. Where  the  order  of  disposition  is
issued  upon  the  consent of the parties and the child's attorney, such
agency shall report to the court, the parties and the  child's  attorney
no  later  than ninety days after the issuance of the order AND NO LATER
THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF the ORDER, UNLESS  THE  court
determines  that  the facts and circumstances of the case do not require
such report to be made.
  [(b) Rules of court shall define permissible terms and  conditions  of
supervision  under  this  section.  The duration of any period of super-
vision shall be for an initial period of no more than one year  and  the
court  may at the expiration of that period, upon a hearing and for good
cause shown, make successive extensions of such supervision of up to one
year each.]
  S 9. The section heading and  subdivisions  (a)  and  (b)  of  section
1055-b  of  the  family  court act, as amended by section 7 of part F of
chapter 58 of the laws of 2010, are amended  and  two  new  subdivisions
(a-1) and (a-2) are added to read as follows:
  Custody  or  guardianship with A PARENT OR PARENTS, relatives or suit-
able persons pursuant to article six of this act  or  guardianship  with
[such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven-
teen  of  the surrogate's court procedure act.  (a) CUSTODY OR GUARDIAN-
SHIP WITH RESPONDENT PARENT OR PARENTS, RELATIVES OR  SUITABLE  PERSONS.
At  the  conclusion of the dispositional hearing under this article, the
court may enter an order of disposition granting custody or guardianship
of the child to a RESPONDENT PARENT OR PARENTS, AS DEFINED  IN  SUBDIVI-
SION  (1)  OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, OR A relative
OR RELATIVES or other suitable person OR  PERSONS  [under]  PURSUANT  TO

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article  six  of  this  act  or an order of guardianship of the child to
[such] a RELATIVE OR RELATIVES OR SUITABLE person OR PERSONS under arti-
cle seventeen of the surrogate's court procedure act  if  THE  FOLLOWING
CONDITIONS HAVE BEEN MET:
  (i)  the  RESPONDENT PARENT OR PARENTS, relative OR RELATIVES or suit-
able person OR PERSONS has OR HAVE filed a petition for custody or guar-
dianship of the child pursuant to article six of this  act  or,  IN  THE
CASE  OF  A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS, a peti-
tion for guardianship of the child under article seventeen of the surro-
gate's court procedure act; and
  (ii) the court finds that granting  custody  or  guardianship  of  the
child  to  [the  relative  or suitable] SUCH person OR PERSONS is in the
best interests of the child and that the safety of the child will not be
jeopardized if the respondent or respondents under the child  protective
proceeding  are  no  longer  under supervision or receiving services. In
determining whether the best interests of the child will be promoted  by
the  granting  of  guardianship of the child to a relative who has cared
for the child as a foster parent, the court shall give due consideration
to the permanency goal of the child, the relationship between the  child
and  the  relative,  and  whether  the  relative and the social services
district have entered into an agreement to provide kinship  guardianship
assistance  payments  for  the  child to the relative under title ten of
article six of the social services law, and, if so,  whether  the  fact-
finding  hearing pursuant to section one thousand fifty-one of this part
and a permanency hearing pursuant to section one thousand eighty-nine of
this chapter [has] HAVE occurred and whether  compelling  reasons  exist
for  determining  that  the return home of the child and the adoption of
the child are not in the best interests of the child and are, therefore,
not appropriate permanency options; and
  (iii) the court finds that granting custody  or  guardianship  of  the
child  to the RESPONDENT PARENT, relative or suitable person under arti-
cle six of this act or granting guardianship of the child to  the  rela-
tive  or  [other]  suitable person under article seventeen of the surro-
gate's court procedure act will  provide  the  child  with  a  safe  and
permanent home; and
  (iv)  all  parties  to  the child protective proceeding consent to the
granting of custody or guardianship under article six of this act or the
granting of guardianship under  article  seventeen  of  the  surrogate's
court  procedure  ACT;  or  [(v)],  IF  ANY OF THE PARTIES OBJECT TO THE
GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS  MADE  THE  FOLLOWING
FINDINGS after a [consolidated] JOINT dispositional hearing on the child
protective  petition  and  the petition under article six of this act or
under article seventeen of the surrogate's court procedure act[;]:
  (A) if a RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR  PERSONS  HAVE
FILED  A  PETITION  FOR  CUSTODY OR GUARDIANSHIP AND A parent or parents
fail to consent to the granting of [custody or guardianship under  arti-
cle  six  of  this  act  or] the [granting of guardianship under article
seventeen of the surrogate's court procedure act]  PETITION,  the  court
finds  that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
DEMONSTRATED THAT extraordinary circumstances exist that support  grant-
ing  an order of custody or guardianship TO THE RELATIVE OR RELATIVES OR
SUITABLE PERSON OR PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE
THE CHILD'S BEST INTERESTS; or
  (B) if a RELATIVE OR RELATIVES OR  SUITABLE  PERSON  OR  PERSONS  HAVE
FILED  A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than the
parent or parents fail to consent to the granting of [custody or guardi-

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anship under article six of this act or] the PETITION [granting of guar-
dianship 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  RELATIVES or suitable person OR PERSONS is in the
best interests of the child; OR
  (C) IF A RESPONDENT PARENT HAS FILED  A  PETITION  FOR  CUSTODY  UNDER
ARTICLE  SIX  OF  THIS  ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD
OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD  NONETHELESS
BE IN THE CHILD'S BEST INTERESTS; OR
  (D)  IF  A  RESPONDENT  PARENT  HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING  OF
THE  PETITION,  THE COURT FINDS THAT GRANTING CUSTODY TO THE PETITIONING
RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS.
  (A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT  PARENT  UNDER
ARTICLE  SIX OF THIS ACT. WHERE A PROCEEDING FILED BY THE NON-RESPONDENT
PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE  SAME  TIME
AS  A  PROCEEDING  BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE,
THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE  MAY  JOINTLY
HEAR  THE  DISPOSITIONAL  HEARING ON THE CHILD PROTECTIVE PETITION UNDER
THIS ARTICLE AND THE HEARING ON  THE  CUSTODY  AND  VISITATION  PETITION
UNDER  ARTICLE  SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT MUST DETER-
MINE THE NON-RESPONDENT PARENT'S CUSTODY AND VISITATION  PETITION  FILED
UNDER ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTI-
CLE.
  (A-2)  CUSTODY  AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
SECTION TWO HUNDRED  FORTY  OF  THE  DOMESTIC  RELATIONS  LAW.  WHERE  A
PROCEEDING  BROUGHT  IN  THE  SUPREME COURT INVOLVING THE CUSTODY OF, OR
RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME
TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS  ARTI-
CLE,  THE  COURT  PRESIDING  OVER  THE PROCEEDING UNDER THIS ARTICLE MAY
JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE  PETITION
UNDER ARTICLE TEN OF THIS ACT AND, UPON REFERRAL FROM THE SUPREME COURT,
THE  HEARING  TO  RESOLVE  THE  MATTER  OF  CUSTODY OR VISITATION IN THE
PROCEEDING PENDING IN THE SUPREME COURT;  PROVIDED  HOWEVER,  THE  COURT
MUST  DETERMINE  THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD-
ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
  (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 WHERE APPLICABLE, including, if the guardian and the  local
department  of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to  the  relative
under  title ten of article six of the social services law, that a fact-
finding hearing pursuant to section one thousand fifty-one of this  part
and a permanency hearing pursuant to section one thousand eighty-nine of
this  chapter  has  occurred,  and the compelling reasons that exist for
determining that the return home of the child and the  adoption  of  the
child are not in the best interests of the child and are, therefore, not
appropriate  permanency  options for the child, and shall constitute the
final disposition of the child  protective  proceeding.  Notwithstanding
any other provision of law, the court shall not issue an order of super-
vision nor may the court require the local department of social services
to  provide  services  to  the  respondent  or respondents when granting

A. 7623                             9

custody or guardianship pursuant to article six of this act  under  this
section  or  granting guardianship under article seventeen of the surro-
gate's court procedure act.
  S  10.  Section 1057 of the family court act, as amended by chapter 41
of the laws of 2010, is amended to read as follows:
  S 1057. [Supervision] RELEASE  OF  THE  CHILD  TO  THE  RESPONDENT  OR
RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS.
  (A)  The  court may RELEASE THE CHILD TO THE RESPONDENT OR RESPONDENTS
FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI-
VISION (D) OF THIS SECTION.
  (B) IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS  SECTION
OR  AN  ORDER  UNDER PARAGRAPH (II), (III) OR (IV) OF SUBDIVISION (A) OF
SECTION ONE THOUSAND FIFTY-TWO OF THIS PART, THE  COURT  MAY  place  the
respondent OR RESPONDENTS under supervision of a child protective agency
or  of a social services official or duly authorized agency. An order of
supervision entered under this section shall set  forth  the  terms  and
conditions  of  such supervision that the respondent OR RESPONDENTS must
meet and the actions that the child protective agency,  social  services
official  or  duly  authorized  agency must take to exercise such super-
vision.
  (C) Except as provided for herein, in any  order  issued  pursuant  to
SUBDIVISION  (A) OR (B) OF this section, the court may require the child
protective agency to make progress reports to the  court,  the  parties,
and the child's attorney on the implementation of such order.  Where the
order  of  disposition is issued upon the consent of the parties and the
child's attorney, such agency shall report to the court, the parties and
the child's attorney no later than ninety days after the issuance of the
order[, unless] AND NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION  OF
the  ORDER, UNLESS THE court determines that the facts and circumstances
of the case do not require such report to  be  made.    [Rules]  UNIFORM
STATEWIDE  RULES  of court shall define permissible terms and conditions
of supervision OF THE RESPONDENT OR RESPONDENTS under this section.
  (D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND-
ENT OR RESPONDENTS OR supervision OF THE RESPONDENT  OR  RESPONDENTS  OR
BOTH  shall be for an initial period of no more than one year [and the].
THE court may at the expiration of that period, upon a hearing  and  for
good cause shown, [make successive extensions of] EXTEND such RELEASE OR
supervision OR BOTH FOR A PERIOD of up to one year [each].
  S 11. The section heading and subdivisions (a), (b) and (c) of section
1089-a  of  the  family  court act, as amended by section 8 of part F of
chapter 58 of the laws of 2010, are amended  and  two  new  subdivisions
(a-1) and (a-2) are added to read as follows:
  Custody  or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela-
tives or A suitable PERSON OR persons pursuant to article  six  of  this
act  or  guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR
PERSONS pursuant to article seventeen of the surrogate's court procedure
act. (a) Where the permanency plan is placement with a fit  and  willing
relative OR A RESPONDENT PARENT, the court may issue an order of custody
or  guardianship in response to a petition filed by a RESPONDENT PARENT,
relative or suitable person seeking custody or guardianship of the child
under article six of this act or an order of guardianship of  the  child
under  article  seventeen of the surrogate's court procedure act [at]. A
PETITION FOR CUSTODY OR GUARDIANSHIP MAY BE HEARD JOINTLY WITH a perman-
ency hearing held pursuant to this article [and terminate]. AN ORDER  OF
CUSTODY  OR GUARDIANSHIP ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL
RESULT IN TERMINATION OF all pending  orders  issued  pursuant  to  THIS

A. 7623                            10

article OR ARTICLE ten of this act if THE FOLLOWING CONDITIONS HAVE BEEN
MET:
  (i)  the court finds that granting custody TO THE RESPONDENT PARENT OR
PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or  guardi-
anship  of  the child to the relative OR RELATIVES or suitable person OR
PERSONS is in the best interests of the child and that  the  termination
of  the order placing the child pursuant to article ten of this act will
not jeopardize the safety of the child. In determining whether the  best
interests  of the child will be promoted by the granting of guardianship
of the child to a relative who has cared  for  the  child  as  a  foster
parent, the court shall give due consideration to the permanency goal of
the  child,  the  relationship  between  the child and the relative, and
whether the relative and the local department of  social  services  have
entered  into  an  agreement  to provide kinship guardianship assistance
payments for the child to the relative under title ten of article six of
the social services law, and, if  so,  whether  a  fact-finding  hearing
pursuant to section one thousand fifty-one of this chapter has occurred,
and  whether  compelling  reasons  exist for determining that the return
home of the child and the adoption of the child  are  not  in  the  best
interests  of  the  child and are, therefore, not appropriate permanency
options; and
  (ii) the court finds that granting custody TO THE RESPONDENT PARENT OR
PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or  guardi-
anship  of  the child to the relative or RELATIVES OR suitable person OR
PERSONS will provide the child with a safe and permanent home; and
  (iii) the parents, the attorney for the child, the local department of
social services, and the foster parent of the child  who  has  been  the
foster parent for the child for one year or more consent to the issuance
of  an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the  surrogate's
court procedure act and the termination of the order of placement pursu-
ant to THIS article OR ARTICLE ten of this act; or [(iv)], IF ANY OF THE
PARTIES OBJECT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS
MADE  THE FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the
permanency of the child and the petition under article six of  this  act
or article seventeen of the surrogate's court procedure act[;]:
  (A)  if  a  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND  A  parent  or  parents
fail  to consent to the granting of [custody or guardianship under arti-
cle six of this act or] the  [granting  of  guardianship  under  article
seventeen  of  the  surrogate's court procedure act] PETITION, the court
finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS  HAVE
DEMONSTRATED  THAT extraordinary circumstances exist that support grant-
ing an order of custody or guardianship under article six of this act or
the granting of guardianship under article seventeen of the  surrogate's
court  procedure  act TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR
PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE THE  CHILD'S  BEST
INTERESTS; or
  (B)  if  A  RELATIVE  OR  RELATIVES OR SUITABLE PERSON OR PERSONS HAVE
FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND the local department of
social services, the attorney for the child, or the foster parent of the
child who has been the foster parent for the child for one year or  more
[fail  to  consent]  OBJECTS to the granting of [custody or guardianship
under article six of this act or  the  granting  of  guardianship  under
article  seventeen of the surrogate's court procedure act] THE PETITION,
the court finds that granting custody or guardianship of  the  child  to

A. 7623                            11

the  relative  OR RELATIVES or suitable person OR PERSONS is in the best
interests of the child; OR
  (C)  IF  A  RESPONDENT  PARENT  HAS FILED A PETITION FOR CUSTODY UNDER
ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A  PARENT  OF  THE  CHILD
OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE
OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR,
IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT
GRANTING  CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS
BE IN THE CHILD'S BEST INTERESTS; OR
  (D) IF A RESPONDENT PARENT HAS FILED  A  PETITION  FOR  CUSTODY  UNDER
ARTICLE  SIX  OF  THIS  ACT AND THE OTHER PARENT FAILS TO CONSENT TO THE
GRANTING OF THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY  TO  THE
PETITIONING RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS.
  (A-1)  CUSTODY  AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER
ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED  BY  A  NON-RESPONDENT
PARENT  PURSUANT  TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME
AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT  TO  THIS  ARTICLE,
THE  COURT  PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY
HEAR THE PERMANENCY HEARING AND THE HEARING ON THE CUSTODY  AND  VISITA-
TION PETITION UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT
MUST  DETERMINE THE NON-RESPONDENT PARENT'S CUSTODY PETITION FILED UNDER
ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTICLE.
  (A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT  PARENT  UNDER
SECTION  TWO  HUNDRED  FORTY  OF  THE  DOMESTIC  RELATIONS  LAW. WHERE A
PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING  THE  CUSTODY  OF,  OR
RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME
TIME  AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI-
CLE, THE COURT PRESIDING OVER THE  PROCEEDING  UNDER  THIS  ARTICLE  MAY
JOINTLY  HEAR THE PERMANENCY HEARING AND, UPON REFERRAL FROM THE SUPREME
COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE
PROCEEDING PENDING IN THE SUPREME COURT;  PROVIDED  HOWEVER,  THE  COURT
MUST  DETERMINE  THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD-
ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  TWO
HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
  (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, WHERE APPLICABLE, including, if  the  guardian  and  local
department  of social services have entered into an agreement to provide
kinship guardianship assistance payments for the child to  the  relative
under  title ten of article six of the social services law, that a fact-
finding hearing pursuant to section one thousand fifty-one of this chap-
ter  AND  A  PERMANENCY  HEARING  PURSUANT  TO  SECTION   ONE   THOUSAND
EIGHTY-NINE  OF  THIS PART has occurred, and the compelling reasons that
exist for determining that the return home of the child are not  in  the
best  interests of the child and are, therefore, not appropriate perman-
ency options for the child, and shall result in the termination  of  any
orders in effect pursuant to article ten of this act or pursuant to this
article. Notwithstanding any other provision of law, the court shall not
issue  an  order  of  supervision  nor  may  the court require the local
department of social services to provide services to the  respondent  or
respondents  when  granting  custody or guardianship pursuant to article
six of this act UNDER THIS SECTION or the granting of guardianship under
article seventeen of the surrogate's court procedure act  in  accordance
with this section.
  (c)  As  part  of  the  order granting custody or guardianship [to the
relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to

A. 7623                            12

article six of this act or the granting of  guardianship  under  article
seventeen  of the surrogate's court procedure act, the court may require
that the local department of social services and the  attorney  for  the
child receive notice of, and be made parties to, any subsequent proceed-
ing  to  modify the order of custody or guardianship granted pursuant to
the article six proceeding; provided, however, if the guardian  and  the
local  department  of  social services have entered into an agreement to
provide kinship guardianship assistance payments for the  child  to  the
relative  under title ten of article six of the social services law, the
order must require that the local department of social services and  the
attorney  for  the  child receive notice of, and be made parties to, any
such subsequent proceeding involving  custody  or  guardianship  of  the
child.
  S  12.  Paragraph  (a) of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
  (a) In any action or proceeding brought (1) to annul a marriage or  to
declare  the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
tion and order to show cause, the custody of or right to visitation with
any  child  of  a  marriage, the court shall require verification of the
status of any child of the marriage with respect to such child's custody
and support, including any prior orders,  and  shall  enter  orders  for
custody  and  support  as,  in the court's discretion, justice requires,
having regard to the circumstances of the case  and  of  the  respective
parties  and  to  the  best  interests  of  the child and subject to the
provisions of subdivision one-c of this section. Where either  party  to
an  action  concerning  custody of or a right to visitation with a child
alleges in a sworn petition or complaint or  sworn  answer,  cross-peti-
tion,  counterclaim  or  other  sworn responsive pleading that the other
party has committed an act of domestic violence against the party making
the allegation or a family or household member of either party, as  such
family  or  household  member  is defined in article eight of the family
court act, and such allegations are proven by  a  preponderance  of  the
evidence,  the  court must consider the effect of such domestic violence
upon the best interests of the child, together with such other facts and
circumstances as the court deems relevant in making a direction pursuant
to this section and state on the record how  such  findings,  facts  and
circumstances  factored  into  the  direction.  If a parent makes a good
faith allegation based on a reasonable belief supported  by  facts  that
the child is the victim of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response  to  that reasonable belief to protect the child or seek treat-
ment for the child, then that parent shall not be deprived  of  custody,
visitation  or contact with the child, or restricted in custody, visita-
tion or contact, based solely on that belief or the  reasonable  actions
taken  based  on that belief. If an allegation that a child is abused is
supported by a preponderance of  the  evidence,  then  the  court  shall
consider  such  evidence of abuse in determining the visitation arrange-
ment that is in the best interest of the child, and the court shall  not
place a child in the custody of a parent who presents a substantial risk
of  harm  to that child, and shall state on the record how such findings
were factored into the determination.  WHERE A PROCEEDING FILED PURSUANT
TO ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT IS PENDING AT  THE  SAME
TIME  AS A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY
OF, OR RIGHT TO VISITATION WITH, ANY CHILD  OF  A  MARRIAGE,  THE  COURT

A. 7623                            13

PRESIDING  OVER  THE PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THE FAMILY
COURT ACT MAY JOINTLY HEAR THE DISPOSITIONAL  HEARING  ON  THE  PETITION
UNDER  ARTICLE  TEN OR THE PERMANENCY HEARING UNDER ARTICLE TEN-A OF THE
FAMILY  COURT ACT AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING
TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING
IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE CUSTODY
OR VISITATION IN ACCORDANCE WITH THE TERMS OF THIS SECTION.
  An order directing the payment of  child  support  shall  contain  the
social  security  numbers of the named parties. In all cases there shall
be no prima facie right to the custody of the child  in  either  parent.
Such direction shall make provision for child support out of the proper-
ty  of  either or both parents. The court shall make its award for child
support pursuant to subdivision one-b of this  section.  Such  direction
may  provide  for  reasonable  visitation  rights to the maternal and/or
paternal grandparents of any child of the parties. Such direction as  it
applies  to  rights of visitation with a child remanded or placed in the
care of a person, official, agency or institution  pursuant  to  article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable  pursuant  to  part eight of article ten of the family court
act and sections three hundred fifty-eight-a and three  hundred  eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy,  of the child. Notwithstanding any other provision of law, any writ-
ten application or motion to the court for the establishment,  modifica-
tion  or  enforcement  of  a child support obligation for persons not in
receipt of public assistance and care must contain either a request  for
child  support enforcement services which would authorize the collection
of the support  obligation  by  the  immediate  issuance  of  an  income
execution  for  support  enforcement  as  provided  for by this chapter,
completed in the manner specified in section one hundred eleven-g of the
social services law; or a statement that the applicant has  applied  for
or  is  in  receipt  of such services; or a statement that the applicant
knows of the availability of such services, has declined  them  at  this
time  and  where  support  enforcement  services pursuant to section one
hundred eleven-g of the social services law have been declined that  the
applicant  understands  that  an  income  deduction  order may be issued
pursuant to subdivision (c) of section fifty-two  hundred  forty-two  of
the civil practice law and rules without other child support enforcement
services  and that payment of an administrative fee may be required. The
court shall provide a  copy  of  any  such  request  for  child  support
enforcement  services  to the support collection unit of the appropriate
social services district any time it directs payments to be made to such
support collection unit. Additionally, the  copy  of  any  such  request
shall  be accompanied by the name, address and social security number of
the parties; the date and place of the parties' marriage; the  name  and
date  of birth of the child or children; and the name and address of the
employers and income payors of the party  from  whom  child  support  is
sought  or  from  the  party  ordered  to pay child support to the other
party. Such direction may require the payment of a sum or sums of  money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent  and  to  such  third persons; provided, however, that unless the
party seeking or receiving child support has applied for or is receiving
such services, the court shall not direct such payments to  be  made  to
the  support  collection  unit,  as  established  in section one hundred

A. 7623                            14

eleven-h of the social services law. Every order directing  the  payment
of support shall require that if either parent currently, or at any time
in  the  future,  has  health  insurance  benefits available that may be
extended  or  obtained  to  cover  the child, such parent is required to
exercise the option of additional coverage in favor of  such  child  and
execute  and  deliver  to  such  person any forms, notices, documents or
instruments necessary to assure timely payment of any  health  insurance
claims for such child.
  S  13.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.