S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2121
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Judiciary
 
 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 to read as follows:
   §  1059.  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
 PART 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 PART 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
 PARENTAL RELATIONSHIP, THAT THE PROSPECTIVE KINSHIP GUARDIANS CONSENT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05550-01-7

 A. 2121                             2
 
 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.
   § 2. This act shall take effect April 1, 2018.