Bill S2094B-2013

Relates to standing of certain relatives in custody and guardianship proceedings

Relates to standing of certain relatives in custody and guardianship proceedings.

Details

Actions

  • May 5, 2014: referred to judiciary
  • May 5, 2014: DELIVERED TO ASSEMBLY
  • May 5, 2014: PASSED SENATE
  • Apr 28, 2014: AMENDED ON THIRD READING (T) 2094B
  • Mar 19, 2014: ADVANCED TO THIRD READING
  • Mar 18, 2014: 2ND REPORT CAL.
  • Mar 17, 2014: 1ST REPORT CAL.285
  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 4, 2013: referred to judiciary
  • Jun 4, 2013: DELIVERED TO ASSEMBLY
  • Jun 4, 2013: PASSED SENATE
  • May 29, 2013: AMENDED ON THIRD READING (T) 2094A
  • Apr 24, 2013: ADVANCED TO THIRD READING
  • Apr 23, 2013: 2ND REPORT CAL.
  • Apr 22, 2013: 1ST REPORT CAL.360
  • Jan 10, 2013: REFERRED TO CHILDREN AND FAMILIES

Calendars

Votes

Memo

BILL NUMBER:S2094B

TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to the standing of certain relatives in custody and guardianship proceedings

PURPOSE:

The purpose of this bill is to afford close relatives of children the opportunity to petition the court for custody or guardianship of a minor child when extraordinary circumstances exist.

SUMMARY OF PROVISIONS:

Section one of the bill amends Domestic Relations Law section 72(2)(a) to provide certain relatives to a parent of a minor child with the same right as the child's grandparents, which is to petition the court for custody when an extraordinary circumstance exists. These relatives must reside within the state and be within the second degree of consanguinity or affinity to one of the minor child's parents.

Section one also amends Domestic Relations Law section 72(2)(b) to provide that when a parent proves by a preponderance of the evidence that acts of domestic violence committed against that parent contributed to his or her relinquishment of care and control of the minor child, the court shall find that no extraordinary circumstances exist.

Section two of the bill amends Family Court Act section 651(b) and (d) to include petitions for custody of a minor child pursuant to Domestic Relations Law section 72 made by relatives of the minor child who are within the second degree of consanguinity or affinity to one of the minor child's parents within the Family Court's jurisdiction and when a relative's petition is for the custody of a minor child who has been placed in care pursuant to Family Court Act Article 10, to require service of the petition upon the social services official having care and custody of such child, and the child's attorney.

Section three of the bill provides that provides that this act shall take effect immediately.

EXISTING LAW:

Domestic Relations Law section 72(b) currently allows the grandparents of a minor child to seek custody or guardianship of the child when extraordinary circumstances exist.

JUSTIFICATION:

Too often in our current system, children are placed in the foster care even though there may be relatives whose homes are available for placement. At this time, the Domestic Relations Law allows only the grandparents of a child whose parents have failed to provide for his or her care due to extraordinary circumstances to petition for custody of the child. This bill will expand Domestic Relations Law section 72 to allow the close relatives of a child whose parents have failed to

provide care for his or her care due to extraordinary circumstances to petition for custody.

Petitioning for custody of a child is an affirmative act that is undertaken by those who care about the child's well-being. Providing a child's relatives with the opportunity to petition for, and be granted, custody of the child is in the best interest of the child. A child who resides in the home of a relative will be afforded the opportunity to feel safe and loved. The child will develop a sense of permanence.

These children have a void in their lives from their parents' absence. They deserve the chance to remain with and to experience life with relatives who want to be part of their lives and care for them.

LEGISLATIVE HISTORY:

2013: S.2094-A - Passed Senate 2012: S.1479-C - Passed Senate 2011: S.1479 - Referred to Aging 2010: S.2033 -3rd Reading 2009: S.2033 -Referred to Aging 2008: S.5968-A- Referred to Aging 2007: S.5968-Referred to Rules

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2094--B Cal. No. 285 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________
Introduced by Sens. GOLDEN, AVELLA, GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and 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 and the family court act, in relation to the standing of certain relatives in custody and guardian- ship proceedings 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 SECOND DEGREE OF CONSANGUINITY OR AFFINITY, 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 thereof, 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- 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 AND PROVIDED THAT WHERE THE PARENT PROVES BY PREPONDERANCE OF THE EVIDENCE THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE COURT SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST. (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. Subdivisions (b) and (d) of section 651 of the family court act, subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi- vision (d) as amended by chapter 41 of the laws of 2010, are amended to read as follows: (b) When initiated in the family court, the family court has jurisdic- tion to determine, in accordance with subdivision one of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors, including applications by a grandparent or grandparents for visitation or custody rights pursuant to section seventy-two or two hundred forty of the domestic relations law , OR BY A RELATIVE WHO IS RELATED TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY FOR CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE DOMESTIC RELATIONS LAW. (d) With respect to applications by a grandparent or grandparents for visitation or custody rights, made pursuant to section seventy-two or two hundred forty of the domestic relations law, OR BY A RELATIVE WHO IS RELATED TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY FOR CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE DOMESTIC RELATIONS LAW, with a child remanded or placed in the care of a person, official, agency or institution pursuant to the provisions of article ten of this act, the applicant, in such manner as the court shall prescribe, shall serve a copy of the application upon the social services official having care and custody of such child, and the child's attorney, who shall be afforded an opportunity to be heard thereon. S 3. This act shall take effect immediately.

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