Bill S5203A-2013

Relates to the treatment of non-respondent parents in child protective, destitute child and permanancy proceedings in family court

Relates to the treatment of non-respondent parents in child protective, destitute child and permanency proceedings in family court.

Details

Actions

  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • May 30, 2013: PRINT NUMBER 5203A
  • May 30, 2013: AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • May 14, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S5203A

TITLE OF BILL: An act to amend the family court act and the domestic relations law, in relation to non-respondent parents in child protective and permanency proceedings in family court

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee.

Recent years have witnessed a sea-change in attitudes and policies concerning the role of non-respondent parents in child abuse and neglect proceedings under Article 10 of the Family Court Act: viz., recognition that the other parents - those not charged in child protective proceedings - may, along with their extended families, provide vital resources for their children. While child protective officials once ignored or discouraged non-respondent parents from participating in child protective proceedings concerning their children, those officials, inspired by substantial statutory changes during the past decade, now reach out to such parents to engage them in planning for their children's care. While in the past, this category was often an absent parent who had little relationship with the children, more recently, in light of cases, such as Nicholson v. Scoppetta, 3 N.Y.3d 357 (2004), non-respondent parents frequently include custodial and other parents, who are involved in their-children's lives but are not deemed culpable in their neglect or abuse.

As a statute initially drafted before these changes in attitude and policy, Article 10 of the Family Court Act, not surprisingly, contains a number of gaps and anomalies with respect to the treatment of non-respondent parents. This measure seeks to rectify some of the more obvious shortcomings in Article 10 with respect to non-respondent parents and to enable their greater participation in abuse or neglect proceedings, as well as permanency hearings, concerning their children. It also expands the options available to Family Court judges to enable them to craft appropriate orders that respect the rights of non-respondent parents while assuring the safety and well being of the children who are the subjects of the proceedings.

First, this measure would add definitions of "parent," "relative" and "suitable person" to Family Court Act § 1012. The definition of "parent," those legally recognized in New York, clarifies the range of persons who may assert a parent's superior rights to care and custody of a child under State and Federal law. See, e.g., Bennett v. Jeffreys, 40 N.Y.2d 543 (1976)(state may not deprive parent of custody of child absent extraordinary circumstances); Prince v. Massachusetts, 321 U.S. 158 (1944)("It is cardinal with us that the custody, care and nurture of the child reside first in the parents

Second, Family Court Act § 1017 would be amended to clarify that certain additional individuals should be identified, located and notified in writing of the pendency of child protective proceedings, although they do not have the rights of legal parents under State law. Analogous to the definition of "notice" fathers in Domestic Relations Law §§ 111- a(2)(1), (g) and (h), this category would include persons who are listed on the putative father registry, have a pending

paternity petition, or have been identified by the child's parent in a written sworn statement. To ensure uniformity in the information provided to those persons entitled to notice, this measure provides that the content of the notice will be set by a uniform statewide court rule:

Inclusion of these clarifications would establish a structure in Article 10 consistent with the framework applicable to adoption proceedings under the Domestic Relations Law, but expanded to be gender-neutral. A "parent" under this measure would be analogous to a "consent" father, whose consent is required for an adoption, and an additional individual identified would be analogous to a "notice" father, who merely has a right to be heard as to the child's best interests. See Domestic Relations Law §§ 111, 111-a. By doing so, it also would expand the scope of potential resources for children who have been removed from their homes, and provide an opportunity for non-respondent, non-adjudicated birth fathers to take necessary steps to establish their paternity and plan for their children. Significantly, the measure requires the local social services department investigating possible resources for the child to report the results of the investigations to the court and all parties, including the attorney for the child.

The measure further defines "relative" as a person who is related to the child by blood, marriage or adoption, but who is not a parent of the child. This distinction between "parents" and "relatives" is significant as the rights of each to the care and custody of children are not identical under Article 10 of the Family Court Act. Likewise, the measure includes "suitable person" in the definition section, since such an individual has rights distinct from those of parents, relatives and possible, but not adjudicated, parents.

The measure clarifies the language of Family Court Act § 1017 by referring specifically to "non-respondent parent, relative or suitable person" as potential resources a court may consider after determining that a child must be removed from his or her home. These resources may be utilized either through temporary, direct releases under section 1017(2)(a)(ii) or through temporary orders of Family Court Act Article 6 custody or (in the case of relatives or suitable persons) guardianship under section 1017(2)(a)(I). In all such cases, as in custody petitions under article six, the court must review the orders of protection and sex offender registries, as well as child protective petitions and Family Court warrants regarding any such resources. Similar alternatives are provided for direct releases and Family Court Act Article 6 custody at the final dispositional stage of the Article 10 proceeding.

Moreover, section 1017(3) would be amended to require that, where a child is temporarily released to a non-respondent parent or temporarily placed in the care of a relative or suitable person, the caretaker must submit to the court's jurisdiction with respect to cooperation in meeting the needs of the child. Such temporary order may require such person, inter alia, to make the child available for court-ordered visitation with parents, siblings or others, as well as for appointments with the child's attorney, child protective agency, social services official, authorized agency, clinician or other individuals or programs providing services to the child. Striking a

proper balance between intervention to ensure the child's well-being and respect for the non-respondent parent's or other caretaker's interests in minimal interference in their everyday child-rearing decisions, the measure requires the court order of release or care under Article 10 to specify the terms of such cooperation, as well as to any actions that the social services agency must take.*

Third, this measure contains several amendments to sections of Article 10 of the Family Court Act relating to preliminary orders. It would amend section 1022-a to clarify that a non-respondent parent who qualifies far assignment of counsel under section 262 is eligible for such assignment, unless waived, at pre-petition hearings held pursuant to section 1022. Section 1027(d) would be amended to provide that a court may release a child to his or her parent or other person legally responsible for his or her care pending a final order of disposition. It further deletes the reference to section 1054 as the source of the court's authority to do this, since that section only addresses dispositional orders, and instead substitutes a reference to section 1017, which pertains as well to pre-dispositional orders. Additionally, with the aim of facilitating the participation of non-respondent parents in proceedings regarding their children, section 1035 would be modified to require that notices of pendency of child protective proceedings that are sent to non-respondent parents also must advise them that they have a right to counsel, including assigned counsel, if they are indigent, unless waived. See Matter of Sasha S., 256 A.D.2d 468 (2nd Dept., 1998) (required notice to non-respondent father of the right to counsel, including the right to appointment of counsel if he is indigent).

Fourth, the measure reorganizes the dispositional options available with respect to releases of children and supervision of respondent parents. Sections 1052(a)(ii) and 1054 are revised to cover solely the release of children to persons who are not respondents in the child protective proceeding, including parents, legal custodians or guardians. Such orders of release, in contrast to orders of custody under Article 6 of the Family Court Act, are time-limited, that is, up to one year, which may be extended for one additional year for good cause. This time-limited period of release to a non-respondent parent is intended to give the respondent parent an opportunity to complete a program or take steps to meet the conditions necessary for reunification with the child. Unless otherwise ordered by the court, the agency would be required to submit a report no later than 90 days after issuance of the order and 60 days prior to its expiration. The caretaker would be required to submit to the jurisdiction of the court to the same limited extent as in orders of temporary release under proposed section 1017. An order releasing a child may, therefore, require the caretaker to cooperate in making the child available, inter alia, for court-ordered visitation with parents, siblings or others and for appointments with his or her attorney, caseworker, clinician and service programs.

In conjunction with release of a child to a non-respondent parent, the Family Court may, as under current law, order supervision of the respondent under a revised and expanded Family Court Act § 1057. Like the release of the child, the supervision of the respondent parent may be for an initial period of one year but may be extended upon good cause for one additional year. Since Family Court Act § 1015-a applies

to any phase of a child protective proceeding, the court also may order services to be provided to the respondent. This measure would thus address the situation where the child's interests would best be served by residing with a non-respondent parent for a time-limited period while the respondent parent receives services that would promote the child's eventual return to that parent. If during the period of the dispositional order, the respondent parent successfully completes the services or programs ordered, the court may, if appropriate, utilize Family Court Act § 1061 to modify the order releasing the child to the non-respondent parent to provide for an earlier release date.

Sections 1052(a)(v) and 1057 of the Family Court Act would be amended to cover two dispositional options, which may be ordered singly or together. A child may be released to a respondent for a time-limited period of up to one year, which may be extended for good cause for one more year. A report would be required no later than 90 days after issuance of the order and 60 days prior to its expiration, unless dispensed with by the Family Court. Additionally, in conjunction either with such a release or, as noted, with release of the child to a non-respondent parent, placement of the child or issuance of an order of protection, the respondent may be placed under the supervision of the child protective agency, social services official or authorized agency. Such supervision also would be time-limited - up to one year, with an extension for one additional year for good cause - and, unless dispensed with, a report would be required no later than 90 days after issuance of the order and 60 days prior to its expiration.

Finally, the measure amends section 1055-b to clarify the procedures applicable when petitions for custody or guardianship are brought in conjunction with or are pending at the same time as a child protective proceeding. It would resolve a serious inconsistency between sections 1055-b and 1017. Section 1017(2)(a)(i) currently provides that when a court determines that a child may reside with a suitable non-respondent parent, it may "grant an order of custody or guardianship to such non-respondent parent . pursuant to section one thousand fifty-five-b." However, as currently drafted, section 1055-b only pertains to custody or guardianship with relatives or suitable persons pursuant to Article 6 of (the Family Court Act)" and does not mention non-respondent parents; nor does it specify the standard by which to determine respondent or non-respondents parents' requests for custody in this context.

The measure thus would insert respondent parents into the list of persons who may be granted Article 6 custody pursuant to section 1055-b, adds two additional subdivisions regarding custody to non-respondent parents pursuant to Article 6 and incorporates these alternatives into the dispositional options delineated in Family Court Act § 1052. It further makes clear that if a third party, i.e., someone other than the child's parents, contests the custody petition of a respondent parent, the court must grant the order of custody to the parents in the absence of a showing of extraordinary circumstances pursuant to Bennett v. Jeffreys, supra. Similar amendments are made to analogous provisions of the permanency hearing statute (Family Court Act § 1089-a). Finally, Family Court Act § 651 and Domestic Relations Law § 240 are amended to underscore that custody standards apply in

cases where custody and visitation petitions brought under these sections are heard jointly with child protective dispositional or permanency hearings in Family Court.

Questions regarding the rights of, and procedures applicable to, non-respondent parents in child protective and related proceedings have persisted in light of lingering ambiguities in the applicable statutes. Enactment of this measure will provide a clear road-map that will afford needed clarity to this increasingly important aspect of child welfare cases.

This measure, which would have no fiscal impact upon the State, would take effect 180 days after becoming a law.

2013 Legislative History:

OCA 2013-11 Senate 5203 (Senator Felder) (ref to Children & Families)

*This is consistent with the holding in Doe v. Mattingly, 2006 WL 3498564 (E.D.N.Y., 2006)(Unpub.), which required a court order, absent an emergency, as a prerequisite to a caseworker entering the home of a non-respondent parent and conducting a body search of the baby in her care.


Text

STATE OF NEW YORK ________________________________________________________________________ 5203--A 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. FELDER -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act and the domestic relations law, in relation to non-respondent parents in child protective and permanency proceedings in family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 651 of the family court act is amended by adding a new subdivision (c-1) to read as follows: (C-1) WHERE A PROCEEDING FILED PURSUANT TO ARTICLE TEN OR TEN-A OF THIS ACT IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THIS ACT MAY JOINTLY HEAR THE HEARING ON THE CUSTODY AND VISITATION PETITION UNDER THIS ARTICLE AND THE DISPOSITIONAL HEARING ON THE PETITION UNDER ARTICLE TEN OR THE PERMANENCY HEARING UNDER ARTICLE TEN-A OF THIS ACT; PROVIDED, HOWEVER, THE COURT MUST DETERMINE THE CUSTODY AND VISITATION PETITION IN ACCORD- ANCE WITH THE TERMS OF THIS ARTICLE. S 2. Section 1012 of the family court act is amended by adding three new subdivisions (l), (m) and (n) to read as follows: (L) "PARENT" MEANS A PERSON WHO IS RECOGNIZED UNDER THE LAWS OF THE STATE OF NEW YORK TO BE THE CHILD'S LEGAL PARENT. (M) "RELATIVE" MEANS ANY PERSON WHO IS RELATED TO THE CHILD BY BLOOD, MARRIAGE OR ADOPTION AND WHO IS NOT A PARENT, PUTATIVE PARENT OR RELA- TIVE OF A PUTATIVE PARENT OF THE CHILD. (N) "SUITABLE PERSON" MEANS ANY PERSON WHO PLAYS OR HAS PLAYED A SIGNIFICANT POSITIVE ROLE IN THE CHILD'S LIFE OR IN THE LIFE OF THE CHILD'S FAMILY.
S 3. Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3 of section 1017 of the family court act, subdivision 1 and paragraph (a) of subdivision 2 as amended by section 10 of part A of chapter 3 of the laws of 2005, the opening paragraph of subdivision 1 as separately amended by chapter 671 of the laws of 2005, subparagraphs (i) and (ii) of paragraph (a) of subdivision 2 as amended and subdivision 3 as added by chapter 519 of the laws of 2008, are amended to read as follows: 1. In any proceeding under this article, when the court determines that a child must be removed from his or her home, pursuant to part two of this article, or placed, pursuant to section one thousand fifty-five of this article[,]: (A) the court shall direct the local commissioner of social services to conduct an immediate investigation to locate any non-respondent parent of the child and any relatives of the child, including all of the child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden- tified by any respondent parent or any non-respondent parent and any relative identified by a child over the age of five as a relative who plays or has played a significant positive role in his or her life[, and]. THE LOCAL COMMISSIONER SHALL inform them IN WRITING of the pendency of the proceeding and of the opportunity for [becoming foster parents or for seeking custody or care] NON-RESPONDENT PARENTS TO SEEK TEMPORARY RELEASE of the child[, and that the child may be adopted by foster parents if attempts at reunification with the birth parent are not required or are unsuccessful] UNDER THIS ARTICLE OR CUSTODY UNDER ARTICLE SIX OF THIS ACT OR FOR RELATIVES TO SEEK TO BECOME FOSTER PARENTS OR TO PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK CUSTODY PURSUANT TO ARTICLE SIX OF THIS ACT; OR FOR SUITABLE PERSONS TO BECOME FOSTER PARENTS OR PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK GUAR- DIANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT. UNIFORM STATEWIDE RULES OF COURT SHALL SPECIFY THE CONTENTS OF THE NOTICE CONSISTENT WITH THE PROVISIONS OF THIS SECTION. The local commissioner of social services shall [record] REPORT the results of such investigation, OR INVESTI- GATIONS TO THE COURT AND PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD. THE LOCAL COMMISSIONER SHALL ALSO RECORD THE RESULTS OF THE INVESTI- GATION OR INVESTIGATIONS, including, but not limited to, the name, last known address, social security number, employer's address and any other identifying information to the extent known regarding any non-respondent parent, in the uniform case record maintained pursuant to section four hundred nine-f of the social services law. For the purpose of this section, "non-respondent parent" shall include a person entitled to notice of the pendency of the proceeding and of the right to intervene as an interested party pursuant to subdivision (d) of section one thou- sand thirty-five of this article, and a non-custodial parent entitled to notice and the right to enforce visitation rights pursuant to subdivi- sion (e) of section one thousand thirty-five of this article. (B) THE COURT SHALL ALSO DIRECT THE LOCAL COMMISSIONER OF SOCIAL SERVICES TO CONDUCT AN INVESTIGATION TO LOCATE ANY PERSON WHO IS NOT RECOGNIZED TO BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE THE RIGHTS OF A LEGAL PARENT UNDER THE LAWS OF THE STATE OF NEW YORK BUT WHO (I) HAS FILED WITH A PUTATIVE FATHER REGISTRY AN INSTRUMENT ACKNOWLEDGING PATERNITY OF THE CHILD, PURSUANT TO SECTION 4-1.2 OF THE ESTATES, POWERS AND TRUSTS LAW, OR (II) HAS A PENDING PATERNITY PETITION, OR (III) HAS BEEN IDENTIFIED AS A PARENT OF THE CHILD BY THE CHILD'S OTHER PARENT IN A WRITTEN SWORN STATEMENT. THE LOCAL COMMISSIONER OF SOCIAL SERVICES SHALL REPORT THE RESULTS OF SUCH INVESTIGATION TO THE COURT AND PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD.
(C) The court shall determine: [(a)] (I) whether there is a [suitable] non-respondent parent [or other person related to the child], RELATIVE OR SUITABLE PERSON with whom such child may appropriately reside; and [(b)] (II) in the case of a relative OR SUITABLE PERSON, whether such [relative] INDIVIDUAL seeks approval as a foster parent pursuant to the social services law for the purposes of providing care for such child, or wishes to provide free care [and custody] for the child during the pendency of any orders pursuant to this article. (a) where the court, AFTER A REVIEW OF THE REPORTS OF THE SEX OFFENDER REGISTRY ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW, REPORTS OF THE STATEWIDE COMPUTER- IZED REGISTRY OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSU- ANT TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW, RELATED DECISIONS IN COURT PROCEEDINGS UNDER THIS ARTICLE AND ALL WARRANTS ISSUED UNDER THIS ACT, determines that the child may APPROPRIATELY reside with a [suitable] non-respondent parent or other relative or [other] suitable person, either: (i) grant [an] A TEMPORARY order of custody or guardianship to such non-respondent parent, [other] relative or [other] suitable person pursuant to A PETITION FILED UNDER ARTICLE SIX OF THIS ACT PENDING FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A FINAL ORDER OF CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE SIX OF THIS ACT AND section one thousand fifty-five-b of this article; or (ii) [place] TEMPORARILY RELEASE the child directly [in the custody of] TO such non-respondent parent[, other] OR TEMPORARILY PLACE THE CHILD WITH A relative or [other] suitable person pursuant to this arti- cle during the pendency of the proceeding or until further order of the court, whichever is earlier and conduct such other and further investi- gations as the court deems necessary. THE COURT MAY DIRECT THE COMMIS- SIONER OF SOCIAL SERVICES, PURSUANT TO REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, TO COMMENCE AN INVESTIGATION OF THE HOME OF SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE PERSON WITHIN TWEN- TY-FOUR HOURS AND TO REPORT THE RESULTS TO THE COURT AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD. IF THE HOME OF A NON-RESPONDENT PARENT, RELATIVE OR SUITABLE PERSON, IS FOUND UNQUALIFIED AS APPROPRIATE FOR THE TEMPORARY RELEASE OR PLACEMENT OF THE CHILD UNDER THIS ARTICLE, THE LOCAL COMMISSIONER SHALL REPORT SUCH FACT AND THE REASONS THEREFOR TO THE COURT AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH; or (iii) remand or place the child, as applicable, with the local commis- sioner of social services and direct such commissioner to have the child reside with such relative or [other] suitable person and further direct such commissioner pursuant to regulations of the office of children and family services, to commence an investigation of the home of such rela- tive or other suitable person within twenty-four hours and thereafter approve such relative or other suitable person, if qualified, as a foster parent. If such home is found to be unqualified for approval, the local commissioner shall report such fact AND THE REASONS THEREAFTER to the court AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, forth- with. 3. An order [placing] TEMPORARILY RELEASING a child [with] TO A NON-RESPONDENT PARENT OR PARENTS, OR TEMPORARILY PLACING A CHILD WITH a relative or RELATIVES OR other suitable person OR PERSONS pursuant to SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF this section OR
REMANDING OR PLACING A CHILD WITH A LOCAL COMMISSIONER OF SOCIAL SERVICES TO RESIDE WITH A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS AS FOSTER PARENTS PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION may not be granted unless the [relative or other suitable] person [consents] OR PERSONS TO WHOM THE CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the jurisdiction of the court WITH RESPECT TO THE CHILD. The [court] ORDER SHALL SET FORTH THE TERMS AND CONDITIONS APPLICABLE TO SUCH PERSON OR PERSONS AND CHILD PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY WITH RESPECT TO THE CHILD AND may [place the person with whom the child has been directly placed under supervision during the pendency of the proceeding. Such supervision shall be provided by a] INCLUDE, BUT MAY NOT BE LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS TO COOPERATE IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED VISITATION WITH RESPOND- ENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS WITH THE CHILD'S ATTOR- NEY, child protective agency, social services official [or], duly authorized agency, CLINICIAN OR OTHER INDIVIDUAL OR PROGRAM PROVIDING SERVICES TO THE CHILD DURING THE PENDENCY OF THE PROCEEDING. The court also may issue a temporary order of protection under subdivision (f) of section one thousand twenty-two, section one thousand twenty-three or section one thousand twenty-nine of this article AND AN ORDER DIRECTING THAT SERVICES BE PROVIDED PURSUANT TO SECTION ONE THOUSAND FIFTEEN-A OF THIS PART. [An order of supervision issued pursuant to this subdivision shall set forth the terms and conditions that the relative or suitable person must meet and the actions that the child protective agency, social services official or duly authorized agency must take to exercise such supervision.] S 4. Section 1022-a of the family court act, as added by chapter 336 of the laws of 1990, is amended to read as follows: S 1022-a. Preliminary orders; notice and appointment of counsel. At a hearing held pursuant to section [ten hundred] ONE THOUSAND twenty-two of this [act] PART at which the respondent is present, the court shall advise the respondent AND ANY NON-RESPONDENT PARENT WHO IS PRESENT of the allegations in the application and shall appoint counsel for [the respondent pursuant to] EACH IN ACCORDANCE WITH section two hundred sixty-two of this act [where the respondent is indigent], UNLESS WAIVED. S 5. Subparagraph (C) of paragraph (i) of subdivision (b) and subdivi- sion (d) of section 1027 of the family court act, subparagraph (C) of paragraph (i) of subdivision (b) as amended by chapter 671 of the laws of 2005 and subdivision (d) as added by chapter 962 of the laws of 1970, are amended to read as follows: (C) [in the custody of] WITH a relative or suitable person other than the respondent. (d) Upon such hearing, the court may, for good cause shown, release the child to [the custody of] his OR HER parent or other person legally responsible for his OR HER care, pending a final order of disposition, in accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE. S 6. The opening paragraph of subdivision (d) of section 1035 of the family court act, as amended by chapter 526 of the laws of 2003, is amended to read as follows: Where the respondent is not the child's parent, service of the summons and petition shall also be ordered on both of the child's parents; where only one of the child's parents is the respondent, service of the summons and petition shall also be ordered on the child's other parent. The summons and petition shall be accompanied by a notice of pendency of
the child protective proceeding advising the parents or parent of the right to appear and participate in the proceeding as an interested party intervenor for the purpose of seeking temporary and permanent RELEASE OF THE CHILD UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX OF THIS ACT, and to participate thereby in all arguments and hearings insofar as they affect the temporary RELEASE OR custody of the child during fact-finding proceedings, and in all phases of dispositional proceedings. The notice shall also ADVISE THE PARENT OR PARENTS OF THE RIGHT TO COUNSEL, INCLUDING ASSIGNED COUNSEL, PURSUANT TO SECTION TWO HUNDRED SIXTY-TWO OF THIS ACT, AND ALSO indicate that: S 7. Subdivision (a) of section 1052 of the family court act, as amended by chapter 519 of the laws of 2008, is amended to read as follows: (a) At the conclusion of a dispositional hearing under this article, the court shall enter an order of disposition directing one or more of the following: (i) suspending judgment in accord with section one thousand fifty- three of this part; or (ii) releasing the child to [the custody of his] A NON-RESPONDENT PARENT OR parents or [other person legally responsible] LEGAL CUSTODIAN OR CUSTODIANS OR GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE NOT RESPOND- ENTS IN THE PROCEEDING, in accord with section one thousand fifty-four of this part; or (iii) placing the child in accord with section one thousand fifty-five of this part; or (iv) making an order of protection in accord with SECTION one thousand fifty-six of this part; or (v) RELEASING THE CHILD TO THE RESPONDENT OR RESPONDENTS OR placing the respondent OR RESPONDENTS under supervision, OR BOTH, in accord with section one thousand fifty-seven of this part; or (vi) granting custody of the child to A RESPONDENT PARENT OR PARENTS, A RELATIVE OR relatives or A suitable PERSON OR persons pursuant to ARTICLE SIX OF THIS ACT AND section one thousand fifty-five-b of this part; OR (VII) GRANTING CUSTODY OF THE CHILD TO A NON-RESPONDENT PARENT OR PARENTS PURSUANT TO ARTICLE SIX OF THIS ACT. However, the court shall not enter an order of disposition combining placement of the child under paragraph (iii) of this subdivision with a disposition under paragraph (i) or (ii) of this subdivision. An order granting custody of the child pursuant to paragraph (vi) OR (VII) of this subdivision shall not be combined with any other disposition under this subdivision. S 8. Section 1054 of the family court act, as amended by chapter 1039 of the laws of 1973, subdivision (a) as amended by chapter 41 of the laws of 2010 and subdivision (b) as amended by chapter 458 of the laws of 1989, is amended to read as follows: S 1054. Release to [custody of] NON-RESPONDENT parent or [other person responsible for care; supervision or order of protection] LEGAL CUSTO- DIAN OR GUARDIAN. (a) [If the] AN order of disposition [releases] MAY RELEASE the child FOR A DESIGNATED PERIOD OF UP TO ONE YEAR to [the custody of his or her] A NON-RESPONDENT parent or [other] PARENTS OR A person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the petition, [the] AND WHO IS NOT OR ARE NOT RESPONDENTS IN THE PROCEEDING UNDER THIS ARTICLE. AN ORDER UNDER THIS SECTION MAY BE EXTENDED UPON A HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE.
(B) THE court may [place] REQUIRE the person OR PERSONS to [whose custody] WHOM the child is released under [supervision of a] THIS SECTION TO SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT TO THE CHILD FOR THE PERIOD OF THE DISPOSITION OR AN EXTENSION THEREOF. THE ORDER MAY INCLUDE, BUT IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS TO COOPERATE IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED VISITATION WITH RESPONDENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS WITH THE CHILD'S ATTORNEY, child protective agency [or of a], social services official or duly authorized agency, CLINICIAN OR OTHER INDIVID- UAL OR PROGRAM PROVIDING SERVICES TO THE CHILD. THE ORDER SHALL SET FORTH THE TERMS AND CONDITIONS APPLICABLE TO SUCH NON-RESPONDENT AND CHILD PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY WITH RESPECT TO THE CHILD. (C) IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A NON-RESPON- DENT PARENT, LEGAL CUSTODIAN OR GUARDIAN UNDER THIS SUBDIVISION, THE COURT MAY ALSO ISSUE ANY OR ALL OF THE FOLLOWING ORDERS: AN ORDER OF SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV- EN, AN ORDER DIRECTING THAT SERVICES BE PROVIDED TO THE RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTEEN-A or [may enter] an order of protection under section one thousand fifty-six[, or both] OF THIS ARTI- CLE. An order of supervision OF THE RESPONDENT entered under this [section shall set forth the terms and conditions of such supervision that the respondent must meet and the actions that the child protective agency, social services official or duly authorized agency must take to exercise such supervision] SUBDIVISION MAY BE EXTENDED UPON A HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE. (D) Except as provided for herein, in any order issued pursuant to this section, the court may require the child protective agency to make progress reports to the court, the parties, and the child's attorney on the implementation of such order. Where the order of disposition is issued upon the consent of the parties and the child's attorney, such agency shall report to the court, the parties and the child's attorney no later than ninety days after the issuance of the order AND NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF the ORDER, UNLESS THE court determines that the facts and circumstances of the case do not require such report to be made. [(b) Rules of court shall define permissible terms and conditions of supervision under this section. The duration of any period of super- vision shall be for an initial period of no more than one year and the court may at the expiration of that period, upon a hearing and for good cause shown, make successive extensions of such supervision of up to one year each.] S 9. The section heading and subdivisions (a) and (b) of section 1055-b of the family court act, as amended by section 7 of part F of chapter 58 of the laws of 2010, are amended and two new subdivisions (a-1) and (a-2) are added to read as follows: Custody or guardianship with A PARENT OR PARENTS, relatives or suit- able persons pursuant to article six of this act or guardianship with [such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven- teen of the surrogate's court procedure act. (a) CUSTODY OR GUARDIAN- SHIP WITH RESPONDENT PARENT OR PARENTS, RELATIVES OR SUITABLE PERSONS. At the conclusion of the dispositional hearing under this article, the court may enter an order of disposition granting custody or guardianship of the child to a RESPONDENT PARENT OR PARENTS, AS DEFINED IN SUBDIVI- SION (1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, OR A relative OR RELATIVES or other suitable person OR PERSONS [under] PURSUANT TO
article six of this act or an order of guardianship of the child to [such] a RELATIVE OR RELATIVES OR SUITABLE person OR PERSONS under arti- cle seventeen of the surrogate's court procedure act if THE FOLLOWING CONDITIONS HAVE BEEN MET: (i) the RESPONDENT PARENT OR PARENTS, relative OR RELATIVES or suit- able person OR PERSONS has OR HAVE filed a petition for custody or guar- dianship of the child pursuant to article six of this act or, IN THE CASE OF A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS, a peti- tion for guardianship of the child under article seventeen of the surro- gate's court procedure act; and (ii) the court finds that granting custody or guardianship of the child to [the relative or suitable] SUCH person OR PERSONS is in the best interests of the child and that the safety of the child will not be jeopardized if the respondent or respondents under the child protective proceeding are no longer under supervision or receiving services. In determining whether the best interests of the child will be promoted by the granting of guardianship of the child to a relative who has cared for the child as a foster parent, the court shall give due consideration to the permanency goal of the child, the relationship between the child and the relative, and whether the relative and the social services district have entered into an agreement to provide kinship guardianship assistance payments for the child to the relative under title ten of article six of the social services law, and, if so, whether the fact- finding hearing pursuant to section one thousand fifty-one of this part and a permanency hearing pursuant to section one thousand eighty-nine of this chapter [has] HAVE occurred and whether compelling reasons exist for determining that the return home of the child and the adoption of the child are not in the best interests of the child and are, therefore, not appropriate permanency options; and (iii) the court finds that granting custody or guardianship of the child to the RESPONDENT PARENT, relative or suitable person under arti- cle six of this act or granting guardianship of the child to the rela- tive or [other] suitable person under article seventeen of the surro- gate's court procedure act will provide the child with a safe and permanent home; and (iv) all parties to the child protective proceeding consent to the granting of custody or guardianship under article six of this act or the granting of guardianship under article seventeen of the surrogate's court procedure ACT; or [(v)], IF ANY OF THE PARTIES OBJECT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS MADE THE FOLLOWING FINDINGS after a [consolidated] JOINT dispositional hearing on the child protective petition and the petition under article six of this act or under article seventeen of the surrogate's court procedure act[;]: (A) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A parent or parents fail to consent to the granting of [custody or guardianship under arti- cle six of this act or] the [granting of guardianship under article seventeen of the surrogate's court procedure act] PETITION, the court finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE DEMONSTRATED THAT extraordinary circumstances exist that support grant- ing an order of custody or guardianship TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or (B) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than the parent or parents fail to consent to the granting of [custody or guardi-
anship under article six of this act or]
the PETITION [granting of guar- dianship under article seventeen of the surrogate's court procedure act], the court finds that granting custody or guardianship of the child to the relative OR RELATIVES or suitable person OR PERSONS is in the best interests of the child; OR (C) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR, IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS BE IN THE CHILD'S BEST INTERESTS; OR (D) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS. (A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED BY THE NON-RESPONDENT PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE PETITION UNDER THIS ARTICLE AND THE HEARING ON THE CUSTODY AND VISITATION PETITION UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT MUST DETER- MINE THE NON-RESPONDENT PARENT'S CUSTODY AND VISITATION PETITION FILED UNDER ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTI- CLE. (A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. WHERE A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI- CLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE PETITION UNDER ARTICLE TEN OF THIS ACT AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD- ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. (b) An order made in accordance with the provisions of this section shall set forth the required findings as described in subdivision (a) of this section WHERE APPLICABLE, including, if the guardian and the local department of social services have entered into an agreement to provide kinship guardianship assistance payments for the child to the relative under title ten of article six of the social services law, that a fact- finding hearing pursuant to section one thousand fifty-one of this part and a permanency hearing pursuant to section one thousand eighty-nine of this chapter has occurred, and the compelling reasons that exist for determining that the return home of the child and the adoption of the child are not in the best interests of the child and are, therefore, not appropriate permanency options for the child, and shall constitute the final disposition of the child protective proceeding. Notwithstanding any other provision of law, the court shall not issue an order of super- vision nor may the court require the local department of social services to provide services to the respondent or respondents when granting
custody or guardianship pursuant to article six of this act under this section or granting guardianship under article seventeen of the surro- gate's court procedure act. S 10. Section 1057 of the family court act, as amended by chapter 41 of the laws of 2010, is amended to read as follows: S 1057. [Supervision] RELEASE OF THE CHILD TO THE RESPONDENT OR RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS. (A) The court may RELEASE THE CHILD TO THE RESPONDENT OR RESPONDENTS FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI- VISION (D) OF THIS SECTION. (B) IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS SECTION OR AN ORDER UNDER PARAGRAPH (II), (III) OR (IV) OF SUBDIVISION (A) OF SECTION ONE THOUSAND FIFTY-TWO OF THIS PART, THE COURT MAY place the respondent OR RESPONDENTS under supervision of a child protective agency or of a social services official or duly authorized agency. An order of supervision entered under this section shall set forth the terms and conditions of such supervision that the respondent OR RESPONDENTS must meet and the actions that the child protective agency, social services official or duly authorized agency must take to exercise such super- vision. (C) Except as provided for herein, in any order issued pursuant to SUBDIVISION (A) OR (B) OF this section, the court may require the child protective agency to make progress reports to the court, the parties, and the child's attorney on the implementation of such order. Where the order of disposition is issued upon the consent of the parties and the child's attorney, such agency shall report to the court, the parties and the child's attorney no later than ninety days after the issuance of the order[, unless] AND NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF the ORDER, UNLESS THE court determines that the facts and circumstances of the case do not require such report to be made. [Rules] UNIFORM STATEWIDE RULES of court shall define permissible terms and conditions of supervision OF THE RESPONDENT OR RESPONDENTS under this section. (D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND- ENT OR RESPONDENTS OR supervision OF THE RESPONDENT OR RESPONDENTS OR BOTH shall be for an initial period of no more than one year [and the]. THE court may at the expiration of that period, upon a hearing and for good cause shown, [make successive extensions of] EXTEND such RELEASE OR supervision OR BOTH FOR A PERIOD of up to one year [each]. S 11. The section heading and subdivisions (a), (b) and (c) of section 1089-a of the family court act, as amended by section 8 of part F of chapter 58 of the laws of 2010, are amended and two new subdivisions (a-1) and (a-2) are added to read as follows: Custody or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela- tives or A suitable PERSON OR persons pursuant to article six of this act or guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR PERSONS pursuant to article seventeen of the surrogate's court procedure act. (a) Where the permanency plan is placement with a fit and willing relative OR A RESPONDENT PARENT, the court may issue an order of custody or guardianship in response to a petition filed by a RESPONDENT PARENT, relative or suitable person seeking custody or guardianship of the child under article six of this act or an order of guardianship of the child under article seventeen of the surrogate's court procedure act [at]. A PETITION FOR CUSTODY OR GUARDIANSHIP MAY BE HEARD JOINTLY WITH a perman- ency hearing held pursuant to this article [and terminate]. AN ORDER OF CUSTODY OR GUARDIANSHIP ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL RESULT IN TERMINATION OF all pending orders issued pursuant to THIS
article OR ARTICLE ten of this act if THE FOLLOWING CONDITIONS HAVE BEEN MET: (i) the court finds that granting custody TO THE RESPONDENT PARENT OR PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or guardi- anship of the child to the relative OR RELATIVES or suitable person OR PERSONS is in the best interests of the child and that the termination of the order placing the child pursuant to article ten of this act will not jeopardize the safety of the child. In determining whether the best interests of the child will be promoted by the granting of guardianship of the child to a relative who has cared for the child as a foster parent, the court shall give due consideration to the permanency goal of the child, the relationship between the child and the relative, and whether the relative and the local department of social services have entered into an agreement to provide kinship guardianship assistance payments for the child to the relative under title ten of article six of the social services law, and, if so, whether a fact-finding hearing pursuant to section one thousand fifty-one of this chapter has occurred, and whether compelling reasons exist for determining that the return home of the child and the adoption of the child are not in the best interests of the child and are, therefore, not appropriate permanency options; and (ii) the court finds that granting custody TO THE RESPONDENT PARENT OR PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or guardi- anship of the child to the relative or RELATIVES OR suitable person OR PERSONS will provide the child with a safe and permanent home; and (iii) the parents, the attorney for the child, the local department of social services, and the foster parent of the child who has been the foster parent for the child for one year or more consent to the issuance of an order of custody or guardianship under article six of this act or the granting of guardianship under article seventeen of the surrogate's court procedure act and the termination of the order of placement pursu- ant to THIS article OR ARTICLE ten of this act; or [(iv)], IF ANY OF THE PARTIES OBJECT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS MADE THE FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the permanency of the child and the petition under article six of this act or article seventeen of the surrogate's court procedure act[;]: (A) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A parent or parents fail to consent to the granting of [custody or guardianship under arti- cle six of this act or] the [granting of guardianship under article seventeen of the surrogate's court procedure act] PETITION, the court finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE DEMONSTRATED THAT extraordinary circumstances exist that support grant- ing an order of custody or guardianship under article six of this act or the granting of guardianship under article seventeen of the surrogate's court procedure act TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE THE CHILD'S BEST INTERESTS; or (B) if A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND the local department of social services, the attorney for the child, or the foster parent of the child who has been the foster parent for the child for one year or more [fail to consent] OBJECTS to the granting of [custody or guardianship under article six of this act or the granting of guardianship under article seventeen of the surrogate's court procedure act] THE PETITION, the court finds that granting custody or guardianship of the child to
the relative OR RELATIVES or suitable person OR PERSONS is in the best interests of the child; OR (C) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR, IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS BE IN THE CHILD'S BEST INTERESTS; OR (D) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER ARTICLE SIX OF THIS ACT AND THE OTHER PARENT FAILS TO CONSENT TO THE GRANTING OF THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS. (A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED BY A NON-RESPONDENT PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY HEAR THE PERMANENCY HEARING AND THE HEARING ON THE CUSTODY AND VISITA- TION PETITION UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODY PETITION FILED UNDER ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTICLE. (A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. WHERE A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI- CLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY HEAR THE PERMANENCY HEARING AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD- ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. (b) An order made in accordance with the provisions of this section shall set forth the required findings as described in subdivision (a) of this section, WHERE APPLICABLE, including, if the guardian and local department of social services have entered into an agreement to provide kinship guardianship assistance payments for the child to the relative under title ten of article six of the social services law, that a fact- finding hearing pursuant to section one thousand fifty-one of this chap- ter AND A PERMANENCY HEARING PURSUANT TO SECTION ONE THOUSAND EIGHTY-NINE OF THIS PART has occurred, and the compelling reasons that exist for determining that the return home of the child are not in the best interests of the child and are, therefore, not appropriate perman- ency options for the child, and shall result in the termination of any orders in effect pursuant to article ten of this act or pursuant to this article. Notwithstanding any other provision of law, the court shall not issue an order of supervision nor may the court require the local department of social services to provide services to the respondent or respondents when granting custody or guardianship pursuant to article six of this act UNDER THIS SECTION or the granting of guardianship under article seventeen of the surrogate's court procedure act in accordance with this section. (c) As part of the order granting custody or guardianship [to the relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to
article six of this act or the granting of guardianship under article seventeen of the surrogate's court procedure act, the court may require that the local department of social services and the attorney for the child receive notice of, and be made parties to, any subsequent proceed- ing to modify the order of custody or guardianship granted pursuant to the article six proceeding; provided, however, if the guardian and the local department of social services have entered into an agreement to provide kinship guardianship assistance payments for the child to the relative under title ten of article six of the social services law, the order must require that the local department of social services and the attorney for the child receive notice of, and be made parties to, any such subsequent proceeding involving custody or guardianship of the child. S 12. Paragraph (a) of subdivision 1 of section 240 of the domestic relations law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- tion and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section. Where either party to an action concerning custody of or a right to visitation with a child alleges in a sworn petition or complaint or sworn answer, cross-peti- tion, counterclaim or other sworn responsive pleading that the other party has committed an act of domestic violence against the party making the allegation or a family or household member of either party, as such family or household member is defined in article eight of the family court act, and such allegations are proven by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a direction pursuant to this section and state on the record how such findings, facts and circumstances factored into the direction. If a parent makes a good faith allegation based on a reasonable belief supported by facts that the child is the victim of child abuse, child neglect, or the effects of domestic violence, and if that parent acts lawfully and in good faith in response to that reasonable belief to protect the child or seek treat- ment for the child, then that parent shall not be deprived of custody, visitation or contact with the child, or restricted in custody, visita- tion or contact, based solely on that belief or the reasonable actions taken based on that belief. If an allegation that a child is abused is supported by a preponderance of the evidence, then the court shall consider such evidence of abuse in determining the visitation arrange- ment that is in the best interest of the child, and the court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child, and shall state on the record how such findings were factored into the determination. WHERE A PROCEEDING FILED PURSUANT TO ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE, THE COURT
PRESIDING OVER THE PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT MAY JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE PETITION UNDER ARTICLE TEN OR THE PERMANENCY HEARING UNDER ARTICLE TEN-A OF THE FAMILY COURT ACT AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE CUSTODY OR VISITATION IN ACCORDANCE WITH THE TERMS OF THIS SECTION. An order directing the payment of child support shall contain the social security numbers of the named parties. In all cases there shall be no prima facie right to the custody of the child in either parent. Such direction shall make provision for child support out of the proper- ty of either or both parents. The court shall make its award for child support pursuant to subdivision one-b of this section. Such direction may provide for reasonable visitation rights to the maternal and/or paternal grandparents of any child of the parties. Such direction as it applies to rights of visitation with a child remanded or placed in the care of a person, official, agency or institution pursuant to article ten of the family court act, or pursuant to an instrument approved under section three hundred fifty-eight-a of the social services law, shall be enforceable pursuant to part eight of article ten of the family court act and sections three hundred fifty-eight-a and three hundred eighty- four-a of the social services law and other applicable provisions of law against any person having care and custody, or temporary care and custo- dy, of the child. Notwithstanding any other provision of law, any writ- ten application or motion to the court for the establishment, modifica- tion or enforcement of a child support obligation for persons not in receipt of public assistance and care must contain either a request for child support enforcement services which would authorize the collection of the support obligation by the immediate issuance of an income execution for support enforcement as provided for by this chapter, completed in the manner specified in section one hundred eleven-g of the social services law; or a statement that the applicant has applied for or is in receipt of such services; or a statement that the applicant knows of the availability of such services, has declined them at this time and where support enforcement services pursuant to section one hundred eleven-g of the social services law have been declined that the applicant understands that an income deduction order may be issued pursuant to subdivision (c) of section fifty-two hundred forty-two of the civil practice law and rules without other child support enforcement services and that payment of an administrative fee may be required. The court shall provide a copy of any such request for child support enforcement services to the support collection unit of the appropriate social services district any time it directs payments to be made to such support collection unit. Additionally, the copy of any such request shall be accompanied by the name, address and social security number of the parties; the date and place of the parties' marriage; the name and date of birth of the child or children; and the name and address of the employers and income payors of the party from whom child support is sought or from the party ordered to pay child support to the other party. Such direction may require the payment of a sum or sums of money either directly to the custodial parent or to third persons for goods or services furnished for such child, or for both payments to the custodial parent and to such third persons; provided, however, that unless the party seeking or receiving child support has applied for or is receiving such services, the court shall not direct such payments to be made to the support collection unit, as established in section one hundred
eleven-h of the social services law. Every order directing the payment of support shall require that if either parent currently, or at any time in the future, has health insurance benefits available that may be extended or obtained to cover the child, such parent is required to exercise the option of additional coverage in favor of such child and execute and deliver to such person any forms, notices, documents or instruments necessary to assure timely payment of any health insurance claims for such child. S 13. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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