Bill Text: NY A02998 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the return of a child who has been in the care and custody of a social services official for a period of six months or more without visitation by the parent, parents or guardian shall be returned to the care and custody of the parent, parents or guardian pursuant to a transition plan.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-01-04 - referred to children and families [A02998 Detail]

Download: New_York-2011-A02998-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2998
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2011
                                      ___________
       Introduced  by  M. of A. MORELLE, HOYT -- Multi-Sponsored by -- M. of A.
         COOK, GALEF, HIKIND, McENENY, PEOPLES-STOKES, TOWNS -- read  once  and
         referred to the Committee on Children and Families
       AN  ACT to amend the social services law, in relation to the return of a
         child to the care and custody of his or her parent, parents or guardi-
         an
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 7 of section 358-a of the social services law,
    2  as amended by section 39 of part A of chapter 3 of the laws of 2005,  is
    3  amended to read as follows:
    4    (7)  Return  of child. If an instrument provides for the return of the
    5  care and custody of a child by the local social services official to the
    6  parent, parents or guardian upon any terms  and  conditions  or  at  any
    7  time, the local social services official shall comply with such terms of
    8  such  instrument  without  further court order. Every order approving an
    9  instrument providing for the transfer of the care and custody of a child
   10  to a local social services official shall be  served  upon  the  parent,
   11  parents  or  guardian who executed such instrument in such manner as the
   12  family court judge may provide in such order, together with a notice  of
   13  the  terms and conditions under which the care and custody of such child
   14  may be returned to the parent, parents or  guardian.  If  an  instrument
   15  provides  for the return of the care and custody of a child by the local
   16  social services official to the  parent,  parents  or  guardian  without
   17  fixing  a definite date for such return, or if the local social services
   18  official shall fail to return a child to the care  and  custody  of  the
   19  child's  parent, parents or guardian in accordance with the terms of the
   20  instrument, the parent, parents or  guardian  may  seek  such  care  and
   21  custody  by  motion  for return of such child and order to show cause in
   22  such proceeding or by writ of habeas corpus in the supreme court.  IN  A
   23  CASE WHERE A CHILD HAS BEEN IN THE CARE AND CUSTODY OF A SOCIAL SERVICES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05452-01-1
       A. 2998                             2
    1  OFFICIAL  FOR  A  PERIOD OF SIX MONTHS OR MORE WITHOUT VISITATION BY THE
    2  PARENT, PARENTS OR GUARDIAN, THE INSTRUMENT THAT PROVIDES FOR THE RETURN
    3  OF THE CARE AND CUSTODY OF A CHILD BY THE SOCIAL  SERVICES  OFFICIAL  TO
    4  THE  PARENT, PARENTS OR GUARDIAN SHALL PROVIDE FOR A TRANSITION PLAN FOR
    5  THE RETURN OF THE CHILD TO THE PARENT, PARENTS OR GUARDIAN. SUCH TRANSI-
    6  TION PLAN SHALL CONSIST OF A SERIES OF VISITS OVER A PERIOD OF  TIME  TO
    7  BE  DETERMINED BY THE COURT IN ORDER TO PREPARE THE CHILD FOR THE PERMA-
    8  NENT RETURN OF THE CHILD TO HIS OR  HER  PARENT,  PARENTS  OR  GUARDIAN.
    9  Nothing in this subdivision shall limit the requirement for a permanency
   10  hearing pursuant to article ten-A of the family court act.
   11    S  2.  Subdivision  2  of  section 384-a of the social services law is
   12  amended by adding a new paragraph (i) to read as follows:
   13    (I) IN A CASE WHERE A CHILD HAS BEEN IN THE  CARE  AND  CUSTODY  OF  A
   14  SOCIAL  SERVICES  OFFICIAL OR SUITABLE PERSON RELATED TO THE CHILD FOR A
   15  PERIOD OF SIX MONTHS WITHOUT VISITATION BY THE PARENT, PARENTS OR GUARD-
   16  IAN, THE INSTRUMENT THAT PROVIDES FOR THE RETURN OF THE CARE AND CUSTODY
   17  OF A CHILD BY THE SOCIAL SERVICES OFFICIAL TO  THE  PARENT,  PARENTS  OR
   18  GUARDIAN  SHALL PROVIDE A TRANSITION PLAN FOR THE RETURN OF THE CHILD TO
   19  THE PARENT, PARENTS OR GUARDIAN. SUCH TRANSITION PLAN SHALL CONSIST OF A
   20  SERIES OF VISITS OVER A PERIOD OF TIME TO BE DETERMINED BY THE COURT  IN
   21  ORDER  TO PREPARE THE CHILD FOR THE PERMANENT RETURN OF THE CHILD TO HIS
   22  OR HER PARENT, PARENTS OR GUARDIAN.
   23    S 3. This act shall take effect on the thirtieth day  after  it  shall
   24  have become a law.