Bill S7708-2013

Requires the scheduling and holding of expiration of order hearing in child protective proceedings in cities having a population of one million or more

Requires the scheduling and holding of expiration of order hearing in child protective proceedings in cities having a population of one million or more.

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  • Jun 2, 2014: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S7708

TITLE OF BILL: An act to amend the family court act, in relation to mandating the scheduling and holding of expiration of order hearings in certain cities

PURPOSE: The purpose of this bill is to give, judges the opportunity to hear from all parties before an order of supervision expires about whether a child can remain safely in his or her home and to determine whether the ordered stipulations have been met.

SUMMARY OF PROVISIONS: This bill amends multiple areas of the Family Court Act, and creates a new subdivision, for the purpose of requiring Family Courts to hold a hearing prior to the expiration of an order of supervision. The purpose of the hearing is to allow the child protective agency an opportunity to report to the Family Court on actions taken by the agency to comply with the court order. The amendments would also require the child protective agency to submit a report to the court and to the parties in advance of the hearing that updates the court on the child's status and circumstances, and details any action contemplated by the agency with respect to the child or the child's custodian.

JUSTIFICATION: The end of supervision is an important juncture in a welfare Family Court case. Under the proposed amendments, judges will have a critical opportunity to hear from all parties before an order of supervision expires about whether a child can remain safely in his or her home and to determine whether the ordered stipulations have been met. The hearing serves several purposes: it provides an opportunity for all the parties to get together to ensure that the ending supervision is in the best interests of the child; ensures that all services are in place for a smooth transition prior to the end of court jurisdiction; ensures that the outcome of the case is as successful as possible before ending court oversight; and it helps prevent repeated maltreatment by ensuring that the issues that brought the family before the court have been resolved.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7708 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 mandating the sche- duling and holding of expiration of order hearings in certain cities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 1039 of the family court act, as amended by chapter 41 of the laws of 2010, is amended to read as follows: (c) Such order may include terms and conditions agreeable to the parties and to the court, provided that such terms and conditions shall include a requirement that the child and the respondent be under the supervision of a child protective agency during the adjournment period. In any order issued pursuant to this section, such agency shall be directed to make a progress report to the court, the parties and the child's attorney on the implementation of such order, no later than ninety days after the issuance of such order, unless the court deter- mines that the facts and circumstances of the case do not require such reports to be made. The child protective agency shall make further reports to the court, the parties and the child's attorney in such manner and at such times as the court may direct. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE COURT SHALL SET A DATE CERTAIN FOR AN EXPIRATION OF ORDER HEARING, TO BE PRESIDED OVER BY A JUDGE OF THE FAMILY COURT, FOR THE PURPOSE OF HAVING THE CHILD PROTECTIVE AGENCY REPORT TO THE COURT AND THE PARTIES, INCLUDING ANY NON-RESPONDENT PARENT AND THE CHILD'S ATTORNEY, ON THE STATUS AND CIRCUMSTANCES OF THE CHILD AND FAMILY AND ON ANY ACTIONS TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH RESPECT TO SUCH CHILD AND FAMILY. THE HEARING SHALL BE COMMENCED NO LATER THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE SUPERVISION ORDER, AND THE COURT SHALL SPECIFY THE HEARING DATE IN THE DISPOSITIONAL ORDER. S 2. Section 1053 of the family court act is amended by adding a new subdivision (d) to read as follows: (D) IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, WHERE THE DISPOSITION OF A DISPOSITIONAL HEARING IS A SUSPENDED JUDGMENT, AND THE
CHILD IS RELEASED 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 WITH SUPERVISION, THE COURT SHALL SET A DATE CERTAIN FOR AN EXPIRATION OF ORDER HEARING, TO BE PRESIDED OVER BY A JUDGE OF THE FAMI- LY COURT, FOR THE PURPOSE OF HAVING THE CHILD PROTECTIVE AGENCY REPORT TO THE COURT AND THE PARTIES, INCLUDING ANY NON-RESPONDENT PARENT AND THE CHILD'S ATTORNEY, ON THE STATUS AND CIRCUMSTANCES OF THE CHILD AND FAMILY AND ON ANY ACTIONS TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH RESPECT TO SUCH CHILD AND FAMILY. THE HEARING SHALL BE COMMENCED NO LATER THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE SUPERVISION ORDER, AND THE COURT SHALL SPECIFY THE HEARING DATE IN THE DISPOSITIONAL ORDER. 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 thou- sand fifty-six OF THIS PART, or both. An order of supervision 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. 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, unless the court determines that the facts and circumstances of the case do not require such report to be made. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, AT THE CONCLUSION OF A DISPOSITIONAL HEARING AT WHICH THE CHILD IS RELEASED 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 WITH SUPERVISION, THE COURT SHALL SET A DATE CERTAIN FOR AN EXPIRATION OF ORDER HEARING, TO BE PRESIDED OVER BY A JUDGE OF THE FAMILY COURT, FOR THE PURPOSE OF HAVING THE CHILD PROTECTIVE AGENCY REPORT TO THE COURT AND THE PARTIES, INCLUD- ING ANY NON-RESPONDENT PARENT AND THE CHILD'S ATTORNEY, ON THE STATUS AND CIRCUMSTANCES OF THE CHILD AND FAMILY AND ON ANY ACTIONS TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH RESPECT TO SUCH CHILD AND FAMILY. THE HEARING SHALL BE COMMENCED NO LATER THAN THIRTY DAYS BEFORE THE EXPIRA- TION OF THE SUPERVISION ORDER, AND THE COURT SHALL SPECIFY THE HEARING DATE IN THE DISPOSITIONAL ORDER. S 4. Section 1058 of the family court act, as amended by chapter 41 of the laws of 2010, is amended to read as follows: S 1058. Expiration of orders. No later than sixty days prior to the expiration of an order issued pursuant to paragraph (i), (ii), [(iv),] or (v) of subdivision (a) of section one thousand fifty-two of this part or [prior to] the conclusion of the period of an adjournment in contem- plation of dismissal pursuant to section one thousand thirty-nine of this article, where no application has been made seeking extension of such orders or adjournments and, with respect to an adjournment in contemplation of dismissal, no violations of the court's order are
before the court, OR FOURTEEN DAYS PRIOR TO AN EXPIRATION OF ORDER HEAR- ING HELD PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND THIRTY-NINE, SUBDIVISION (D) OF SECTION ONE THOUSAND FIFTY-THREE, OR SUBDIVISION (A) OF SECTION ONE THOUSAND FIFTY-FOUR OF THIS PART WHERE ONE HAS BEEN ORDERED, the child protective agency shall, whether or not the child has been or will be returned to the family, SUBMIT AN EXPIRA- TION OF ORDER report to the court[,] AND the parties, including any non-respondent parent and the child's attorney on the status and circum- stances of the child and family and any actions taken or contemplated by such agency with respect to such child and family. WHERE AN EXPIRATION OF ORDER HEARING HAS BEEN SCHEDULED, THE COURT SHALL REVIEW THE EXPIRA- TION OF ORDER REPORT AT THE HEARING. AT THE HEARING, TO BE PRESIDED OVER BY A JUDGE OF THE FAMILY COURT, THE CHILD PROTECTIVE AGENCY SHALL REPORT TO THE COURT AND THE PARTIES, INCLUDING ANY NON-RESPONDENT PARENT AND THE CHILD'S ATTORNEY, ON THE STATUS AND CIRCUMSTANCES OF THE CHILD AND FAMILY AND ANY ACTIONS TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH RESPECT TO SUCH CHILD AND FAMILY. THE HEARING SHALL BE COMMENCED NO LATER THAN THIRTY DAYS BEFORE THE EXPIRATION OF THE SUPERVISION ORDER. S 5. This act shall take effect immediately.

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