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.

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S3896-2013 Actions

• Feb 26, 2013: REFERRED TO CHILDREN AND FAMILIES

S3896-2013 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.

S3896-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3896

                         2013-2014 Regular Sessions

                              I N  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.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09307-01-3