Relates to standing of certain relatives in custody and guardianship proceedings.
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
PURPOSE: The purpose of this bill is to reduce the burden on the foster care system and to increase the options for the placement of foster children to stay within their family.
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.
Section 72 of the domestic relations law.
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 to stew care system.
LEGISLATIVE HISTORY: S.5968 - 2007 - Referred to Rules S.5968A - 2008 - Referred to Aging S.2033 - 2010 - Referred to Aging, Third Reading S.1479C of 2011 - Passed Senate 06/18/12
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2094 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families 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 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-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03868-01-3 S. 2094 2
[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.