Bill S3896-2013

Authorizes visitation by the parent or custodian of a child in a proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect

Authorizes visitation by the parent or custodian of child in a proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect.

Details

Actions

  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Feb 26, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S3896

TITLE OF BILL: An act to amend the family court act, in relation to visitation by the parent or custodian of a child in a proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect

PURPOSE: This bill would authorize visitation by the parent or custodian for the commitment of the guardianship and custody of a child on the ground of permanent neglect.

SUMMARY OF PROVISIONS:

Section 1 - Amends Section 634 of the family court act, as amended by chapter 666 of the laws of 1976.

Section 2 - Effective Date

JUSTIFICATION: In June of 2012 a Court of Appeals case Matter of Hailey ZZ 19 NY3d 422 was decided. In this decision the Court eliminated from consideration in termination of parental rights the possibility of post termination visitation between the biological parents and the child in the absence of consent by the adoptive parents. It further stated that "it is the legislature that more appropriately should be called upon to balance the critical social policy choices and the delicate issues of family relations involved."

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3896 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to visitation by the parent or custodian of a child in a proceeding for the commitment of the guardianship and custody of a child on the ground of permanent neglect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 634 of the family court act, as amended by chapter 666 of the laws of 1976, is amended to read as follows: S 634. Commitment of guardianship and custody; further orders. 1. The court may enter an order under section six hundred thirty-one committing the guardianship and custody of the child to the petitioner on such conditions, if any, as it deems proper. 2. SUCH ORDER MAY INCLUDE THE GRANTING OF REASONABLE AND REGULARLY SCHEDULED VISITATION TO THE PARENT OR CUSTODIAN OF THE CHILD OR VISITA- TION UNDER THE SUPERVISION OF AN EMPLOYEE OF A LOCAL SOCIAL SERVICES DEPARTMENT. THE GRANTING OF VISITATION OR SUPERVISED VISITATION PURSUANT TO THIS SUBDIVISION SHALL BE BASED SOLELY ON A FINDING THAT SUCH VISITA- TION OR SUPERVISED VISITATION IS IN THE BEST INTEREST OF THE CHILD. NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE COURT TO GRANT VISITATION OR SUPERVISED VISITATION TO THE PARENT OR CUSTODIAN. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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