This bill has been amended

Bill S7707-2013

Authorizes the issuance of family court orders to nonrespondent parents having custody of a child

Relates to the supervision of persons with custody of protected children.

Details

Actions

  • Jun 2, 2014: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S7707

TITLE OF BILL: An act to amend the family court act, in relation to the supervision of persons with custody of protected children

PURPOSE: This bill would authorize family courts to make any order allowable under the law to ensure the health, safety and well being of a child under the court's jurisdiction regardless of who has custody of the child.

SUMMARY OF PROVISIONS: This bill amends multiple provisions of the Family Court Act, to clarify that non-respondent parents that are granted custody of a child who is the subject of a child protective proceeding may be subject to court orders governing their custody of the child. The amendments also expand the kinds of order the Family Court may issue against a child's custodian to include orders allowable under section 255 of the Family Court Act, which allows the court to require the cooperation of any state or local government official for the purpose of effectuating the objectives of the Act, and section 1015-a of the Act, which allows courts to order any social services official to assist the court in protecting the child, rehabilitating the child's family, and discharging the child from foster care.

JUSTIFICATION: Local social services agencies, such as the New York City Administration for Children's Services (ACS), are charged with monitoring and ensuring the safety and well-being of all children under its care and supervision. In some instances, judges release children under the supervision of ACS to non-respondent parents, or parents who are not the subject of a child welfare investigation While respondent parents are under the supervision of court orders, current law does not explicitly allow judges to place parents who are not the subject of the child welfare case under the jurisdiction of the court. As a result, local social services agencies have a limited ability to supervise the homes in which children are residing during the course of a child welfare court proceeding. This bill would clearly authorize the Court to make any order allowable under the law to ensure the health, safety and well-being of a child under the court's jurisdiction no matter who has custody of the child

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7707 IN SENATE June 2, 2014 ___________
Introduced by Sen. FELDER -- 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 the supervision of persons with custody of protected children THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 2 of section 1017 of the family court act, as amended by chapter 519 of the laws of 2008, are amended to read as follows: (i) grant an order of custody or guardianship to such non-respondent parent, other relative or other suitable person pursuant to section one thousand fifty-five-b of this article AND MAKE ANY ORDER ALLOWABLE UNDER SECTION TWO HUNDRED FIFTY-FIVE OR ONE THOUSAND FIFTEEN-A OF THIS ACT; or (ii) place the child directly in the custody of such non-respondent parent, other relative or other suitable person pursuant to this article 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 AND MAKE ANY ORDER ALLOWABLE UNDER SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS ACT; or S 2. Subdivision 3 of section 1017 of the family court act, as added by chapter 519 of the laws of 2008, is amended to read as follows: 3. An order placing a child with a relative, INCLUDING A NON-RESPON- DENT PARENT, or other suitable person pursuant to this section may not be granted unless the relative or other suitable person consents to the jurisdiction of the court. The court 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 child protective agency, social services official or duly authorized agency. 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 MAY MAKE ANY ORDER ALLOWABLE UNDER SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS ACT. 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 3. Subdivision (a) of section 1054 of the family court act, as amended by chapter 41 of the laws of 2010, is amended to read as follows: (a) If the order of disposition releases the child to the custody of his or her parent or other person legally responsible for his or her care at the time of the filing of the petition, the court may place the person to whose custody the child is released under supervision of a child protective agency or of a social services official or duly author- ized agency, [or] may enter an order of protection under section one thousand fifty-six, [or both] AND MAY MAKE ANY ORDER ALLOWABLE UNDER SECTION TWO HUNDRED FIFTY-FIVE OR SECTION ONE THOUSAND FIFTEEN-A OF THIS ACT. An order of supervision entered under this section shall set forth the terms and conditions of such supervision that the [respondent] PERSON OR PERSONS AGAINST WHOM THE ORDER IS ENTERED must meet and the actions that the child protective agency, social services official or duly authorized agency must take to exercise such supervision. 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 implementa- tion 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 the court determines that the facts and circumstances of the case do not require such report to be made. S 4. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus