Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.

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S563-2011 Actions

• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

S563-2011 Memo

BILL NUMBER:S563

TITLE OF BILL:
An act
to amend the family court act, in relation to establishing kinship
guardianship

PURPOSE:
The purpose of this bill is to define and establish provisions within
the state family court act bestowing kinship guardianship of a child
to an approved kinship foster parent when the natural parent is
unable to provide proper and adequate care for such child.

SUMMARY OF PROVISIONS:
This bill would amend the state family court act by adding a new
Section 1059-A establishing kinship guardianship.

JUSTIFICATION:
Situations exist in the lives of parents that sometimes impair their
ability to adequately provide a safe and nurturing environment for
their child. These children often end up in an already overcrowded
foster care system or fall through the cracks of the Child Welfare
Administration.
At present, nothing in statute allows the family court to grant such
alternative placement (kinship guardianship) for these children. This
proposal seeks to increase the capacity of the state family court to
place children requiring out of home placement by their natural
parent with a family relative able to adequately care for such child.
Placing a kinship foster child with a kinship guardian would allow
families to remain intact while reducing further trauma for children
placed in the foster care system.

LEGISLATIVE HISTORY:
01/09/08 REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on April 1, 2011.

S563-2011 Text

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

                                     563

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  ROBACH -- 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  establishing
    kinship guardianship

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The family court act is amended by  adding  a  new  section
  1059-a to read as follows:

    S  1059-A.  KINSHIP  GUARDIANSHIP.  1.  DEFINITIONS. WHEN USED IN THIS
  SECTION:

    A. "KINSHIP FOSTER CHILD" SHALL MEAN A  CHILD  PLACED  WITH  A  SOCIAL
  SERVICES  OFFICIAL  PURSUANT  TO SECTION ONE THOUSAND FIFTY-FIVE OF THIS
  ARTICLE WHO IS PLACED EITHER (I) AS A KINSHIP FOSTER CHILD  PURSUANT  TO
  REGULATIONS  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES OR (II) AS A
  FOSTER CHILD AND WHO HAS BEEN PLACED BY THE SOCIAL SERVICES OFFICIAL  OR
  OTHER  AUTHORIZED  AGENCY  IN  THE  HOME  OF A RELATIVE WITHIN THE THIRD
  DEGREE;
    B. "KINSHIP FOSTER PARENT" SHALL MEAN A FOSTER PARENT WHO IS  APPROVED
  OR  CERTIFIED  PURSUANT  TO  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
  SOCIAL SERVICES LAW AND WHO IS CARING FOR A CHILD WHO IS RELATED  WITHIN
  THE THIRD DEGREE.
    2. PETITION. A KINSHIP FOSTER PARENT OR A SOCIAL SERVICES OFFICIAL MAY
  FILE A PETITION WITH THE FAMILY COURT WHICH PLACED THE CHILD PURSUANT TO
  SECTION  ONE  THOUSAND  FIFTY-FIVE  OF  THIS ARTICLE TO HAVE THE KINSHIP
  FOSTER PARENT APPOINTED AS KINSHIP GUARDIAN FOR THE CHILD.  THE PETITION
  SHALL ALLEGE THAT THE CHILD WAS PLACED, THAT MORE  THAN  FIFTEEN  MONTHS
  HAVE  PASSED  SINCE  THE  DATE  OF THE ORDER PLACING THE CHILD, THAT THE
  PARENTS OF THE CHILD ARE PRESENTLY AND FOR THE FORESEEABLE FUTURE UNABLE
  TO PROVIDE PROPER AND ADEQUATE CARE FOR THE CHILD,  NOTWITHSTANDING  THE
  AUTHORIZED  AGENCY'S  DILIGENT  EFFORTS  TO ENCOURAGE AND STRENGTHEN THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01988-01-1

 S. 563                              2

  PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO
  THE APPOINTMENT AND THAT THE CHILD HAS RESIDED WITH THEM FOR  MORE  THAN
  EIGHTEEN MONTHS, AND THAT IT WOULD BE IN THE BEST INTERESTS OF THE CHILD
  FOR THE PETITION TO BE GRANTED.
    3. NOTICE.  NOTICE OF THE PETITION AND A COPY OF THE PETITION SHALL BE
  SERVED  UPON THE SOCIAL SERVICES OFFICIAL WITH WHOM THE CHILD IS PLACED,
  THE PARENTS OF THE CHILD, THE KINSHIP FOSTER PARENTS OF THE  CHILD,  AND
  THE  LAW  GUARDIAN  OF  THE  CHILD, EACH OF WHOM SHALL BE PARTIES TO THE
  PROCEEDING.
    4. HEARING AND DETERMINATION. IF THE COURT FINDS THAT THE ELEMENTS  OF
  THE  PETITION  HAVE BEEN PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE,
  OR UPON THE CONSENT OF ALL PARTIES, THE COURT SHALL GRANT THE PETITION.
    5. ORDERS. AN ORDER APPOINTING A PERSON AS A  KINSHIP  GUARDIAN  SHALL
  AWARD  CUSTODY OF THE CHILD TO THE KINSHIP GUARDIAN.  A KINSHIP GUARDIAN
  SHALL HAVE THE SAME AUTHORITY AS A PARENT TO  CONSENT  ON  BEHALF  OF  A
  CHILD,  EXCEPT THAT A KINSHIP GUARDIAN SHALL NOT CONSENT TO THE ADOPTION
  OR SURRENDER OF A CHILD.
    6. MAINTENANCE SUBSIDY.  THE SOCIAL SERVICES OFFICIAL  WITH  WHOM  THE
  CHILD  WAS PLACED SHALL MAKE MONTHLY PAYMENTS TO THE KINSHIP GUARDIAN AS
  IF THE CHILD HAD BEEN PLACED UNDER SECTIONS FOUR HUNDRED FIFTY-THREE AND
  FOUR HUNDRED FIFTY-FOUR OF THE SOCIAL SERVICES LAW, AND SUBJECT  TO  THE
  PROCEDURES, LIMITATIONS, AND MINIMUM PAYMENTS OF SUCH SECTIONS.
    7. RIGHTS OF THE PARENTS.  THE APPOINTMENT OF A KINSHIP GUARDIAN SHALL
  NOT AFFECT OR IMPAIR THE VISITATION RIGHTS OF A PARENT.
    8.  VACATING  ORDERS.    A  PARENT MAY APPLY FOR AN ORDER VACATING THE
  APPOINTMENT OF THE  KINSHIP  GUARDIAN.    THE  COURT  SHALL  VACATE  THE
  APPOINTMENT  AND AWARD CUSTODY OF THE CHILD TO THE PARENT UPON A SHOWING
  THAT THE PARENT IS ABLE TO PROVIDE PROPER  AND  ADEQUATE  CARE  FOR  THE
  CHILD AND ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:

    A. THE KINSHIP GUARDIAN IS UNFIT;
    B. THE KINSHIP GUARDIAN HAS NEGLECTED HIS OR HER DUTIES;
    C.  THE  KINSHIP  GUARDIAN  IS  UNWILLING  OR  UNABLE  TO CONTINUE THE
  APPOINTMENT; OR
    D. THE RELATIONSHIP BETWEEN THE KINSHIP GUARDIAN AND THE CHILD  IS  NO
  LONGER IN THE BEST INTEREST OF THE CHILD.
    S 2. This act shall take effect April 1, 2012.