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Same as: / Versions: S1749-2011 S1749A-2011 S1749B-2011 S1749C-2011

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S1749C-2011 Actions

• Jun 18, 2012: referred to judiciary
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 5, 2012: AMENDED ON THIRD READING (T) 1749C
• Jun 4, 2012: ADVANCED TO THIRD READING
• May 31, 2012: 2ND REPORT CAL.
• May 31, 2012: AMENDED 1749B
• May 30, 2012: 1ST REPORT CAL.917
• May 14, 2012: PRINT NUMBER 1749A
• May 14, 2012: AMEND AND RECOMMIT TO AGING
• Jan 4, 2012: REFERRED TO AGING
• Jan 12, 2011: REFERRED TO AGING

S1749C-2011 Calendars

Active List: Jun 11, 2012 , Active List: Jun 18, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S1749C-2011 Votes

S1749C-2011 Memo

BILL NUMBER:S1749C

TITLE OF BILL:

An act
to amend the domestic relations
law, in relation to the notification of certain relatives prior to the
placement of children

SUMMARY OF PROVISIONS:

Section 1 - amends section 72 of the domestic relations law, to
include a relative within the third degree of consanguinity, who
resides within the state, as suitable for emergency placement of a
child, if the court makes a finding of extraordinary circumstances.

Section 2 - Effective date.

JUSTIFICATION:

Too often in our current system, children are placed in foster care
even though there may be relatives whose homes are available for
placement, and where the child can receive a safe and nurturing
environment. This bill will help increase the options for placement
in a manner that allows families to remain intact while reducing
further trauma for children placed in the foster care system.

PRIOR LEGISLATIVE HISTORY:

S.5968  - 2007 - Referred to Rules
S.5968A - 2008 - Referred to Aging
S.2033  - 2010 - Referred to Aging, Third Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S1749C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1749--C
 Cal. No. 917
 2011-2012 Regular Sessions
 I N  SENATE
 January 12, 2011
 
 Introduced by Sens. GOLDEN, AVELLA, DeFRANCISCO, HASSELL-THOMPSON, PARK
 ER -- read twice and ordered printed, and when printed to be committed
 to  the Committee on Aging -- recommitted to the Committee on Aging in
 accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee -- reported  favorably  from  said  committee,  ordered  to  first
 report, amended on first report, ordered to a second report, and to be
 reprinted  as  amended,  retaining  its  place  in the order of second
 report -- ordered to a third reading, amended and  ordered  reprinted,
 retaining its place in the order of third reading
 

AN ACT to amend the domestic relations law, in relation to the notifica
 tion of certain relatives prior to the placement of children
 

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

 

Section 1.  Subdivision 2 of section 72 of the domestic relations law,
 as added by chapter 657 of the laws of  2003,  is  amended  to  read  as
 follows:

 2.    (a)  Where  a  grandparent or the grandparents of a minor child,
 residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH
 IN THE THIRD DEGREE OF CONSANGUINITY OR THROUGH  MARRIAGE  OR  ADOPTION,
 RESIDING  IN THIS STATE can demonstrate to the satisfaction of the court
 the existence of extraordinary  circumstances,  such  grandparent  [or],
 grandparents OR RELATIVE of such child may apply to the supreme court by
 commencing  a  special proceeding or for a writ of habeas corpus to have
 such child brought before such court,  or  may  apply  to  family  court
 pursuant  to subdivision (b) of section six hundred fifty-one OR SECTION
 SIX HUNDRED SIXTY-ONE of the family court act; and on the return  there
 of,  the  court,  by  order, after due notice to the parent or any other
 person or party having the care, custody, and control of such child,  to
 be  given  in  such  manner  as the court shall prescribe, may make such
 directions as the best interests of the child may require,  for  custody
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04228-10-2
 
       S. 1749--C                          2
 rights for such grandparent [or], grandparents OR RELATIVE in respect to
 such  child.  An extended disruption of custody, as such term is defined
 in this section, shall constitute an extraordinary circumstance.
 (b)  For the purposes of this section "extended disruption of custody"
 shall include, but not be limited to,  a  prolonged  separation  of  the
 respondent  parent  and  the  child  for at least twenty-four continuous
 months, during which TIME the parent voluntarily relinquished  care  and
 control of the child and the child resided in the household of the peti
 tioner  grandparent  [or],  grandparents OR RELATIVE, provided, however,
 that the court may find that extraordinary  circumstances  exist  should
 the prolonged separation have lasted for less than twenty-four months.
 (c)  Nothing  in  this  section  shall limit the ability of parties to
 enter  into  consensual  custody  agreements  absent  the  existence  of
 extraordinary circumstances.
 

S 2. This act shall take effect immediately.

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