Bill S1752-2013

Provides that the return of certain children to the care and custody of the parent, parents or guardian shall be done pursuant to a transition plan

Provides that the return of a child who has been in the care and custody of a social services official for a period of six months or more without visitation by the parent, parents or guardian shall be returned to the care and custody of the parent, parents or guardian pursuant to a transition plan.

Details

Actions

  • Jun 20, 2014: COMMITTED TO RULES
  • Mar 19, 2014: ADVANCED TO THIRD READING
  • Mar 18, 2014: 2ND REPORT CAL.
  • Mar 17, 2014: 1ST REPORT CAL.284
  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 10, 2013: referred to children and families
  • Jun 10, 2013: DELIVERED TO ASSEMBLY
  • Jun 10, 2013: PASSED SENATE
  • Jun 5, 2013: ADVANCED TO THIRD READING
  • Jun 4, 2013: 2ND REPORT CAL.
  • Jun 3, 2013: 1ST REPORT CAL.955
  • Jan 9, 2013: REFERRED TO CHILDREN AND FAMILIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Children and Families - Jun 3, 2013
Ayes (6): Felder, Bonacic, Savino, Young, Montgomery, Tkaczyk
VOTE: COMMITTEE VOTE: - Children and Families - Mar 17, 2014
Ayes (6): Felder, Bonacic, Savino, Young, Montgomery, Tkaczyk

Memo

BILL NUMBER:S1752

TITLE OF BILL: An act to amend the social services law, in relation to the return of a child to the care and custody of his or her parent, parents or guardian

PURPOSE: This legislation would require the court to establish a transition plan for the return of a child who has been in the custody of social services and has not been visited by their parent, parents or guardian for a period of six months or more.

SUMMARY OF PROVISIONS:

Section one amends subdivision 7 of § 358-a of the Social Services Law which concerns the return of a dependent child in foster care to their parent, parents or guardian. This bill would require the inclusion of a transition plan in the instrument returning the dependent child when the child has been in the custody of social services and has not been visited by their parent(s) or guardian for a period of six months or more. The transition plan would consist of a series of visits over a period of time determined by the court, on a case by case basis to prepare the child for their return to the parent(s) or guardian.

Section two amends subdivision 2 of § 384-a of the social services law which concerns the terms of the transfer of care and custody of children to reflect the same requirements as required by section one of this bill.

JUSTIFICATION: While an abandonment proceeding may be brought after six months without contact or visits between the child and parent or guardian, it is not always in the best interest of the child to do so. Therefor, some children are returned to their parent or guardian after a period of time without having visited the parent or guardian. In these situations, the child's return can be a very traumatic time for the child, especially if the child is an infant or toddler. A transition period where visits between the parent or guardian and the child would emotionally assist the child as they prepare to return to the custody of their parent or guardian.

The duration and number of visits necessary for the child to prepare will be different for each child and each situation, therefore the transition plan would be left to the court that has been involved with the parties to determine the plan in the best interests of the child.

LEGISLATIVE HISTORY: S.3517 2011-12; S.2476 S.2009-10; S.1663, 2007-08; S.910, 2005-06; S.3041, 2003-04; S.7145, 2001-02.

FISCAL IMPLICATIONS: Minimal to the state, as the duration of a child's foster care

placement does not necessarily need to be extended to meet the requirements of this bill.

EFFECTIVE DATE: This act shall take effect 30 days after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1752 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to the return of a child to the care and custody of his or her parent, parents or guardi- an THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 358-a of the social services law, as amended by section 39 of part A of chapter 3 of the laws of 2005, is amended to read as follows: (7) Return of child. If an instrument provides for the return of the care and custody of a child by the local social services official 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 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 and custody of such child may be returned to the parent, parents or guardian. If an instrument provides for the return of the 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 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 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. IN A CASE WHERE A CHILD HAS BEEN IN THE CARE AND CUSTODY OF A SOCIAL SERVICES
OFFICIAL FOR A PERIOD OF SIX MONTHS OR MORE WITHOUT VISITATION BY THE PARENT, PARENTS OR GUARDIAN, THE INSTRUMENT THAT PROVIDES FOR THE RETURN OF THE CARE AND CUSTODY OF A CHILD BY THE SOCIAL SERVICES OFFICIAL TO THE PARENT, PARENTS OR GUARDIAN SHALL PROVIDE FOR A TRANSITION PLAN FOR THE RETURN OF THE CHILD TO THE PARENT, PARENTS OR GUARDIAN. SUCH TRANSI- TION PLAN SHALL CONSIST OF A SERIES OF VISITS OVER A PERIOD OF TIME TO BE DETERMINED BY THE COURT IN ORDER TO PREPARE THE CHILD FOR THE PERMA- NENT RETURN OF THE CHILD TO HIS OR HER PARENT, PARENTS OR GUARDIAN. Nothing in this subdivision shall limit the requirement for a permanency hearing pursuant to article ten-A of the family court act. 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: (I) IN A CASE WHERE A CHILD HAS BEEN IN THE CARE AND CUSTODY OF A SOCIAL SERVICES OFFICIAL OR SUITABLE PERSON RELATED TO THE CHILD FOR A PERIOD OF SIX MONTHS WITHOUT VISITATION BY THE PARENT, PARENTS OR GUARD- IAN, THE INSTRUMENT THAT PROVIDES FOR THE RETURN OF THE CARE AND CUSTODY OF A CHILD BY THE SOCIAL SERVICES OFFICIAL TO THE PARENT, PARENTS OR GUARDIAN SHALL PROVIDE A TRANSITION PLAN FOR THE RETURN OF THE CHILD TO THE PARENT, PARENTS OR GUARDIAN. SUCH TRANSITION PLAN SHALL CONSIST OF A SERIES OF VISITS OVER A PERIOD OF TIME TO BE DETERMINED BY THE COURT IN ORDER TO PREPARE THE CHILD FOR THE PERMANENT RETURN OF THE CHILD TO HIS OR HER PARENT, PARENTS OR GUARDIAN. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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