S T A T E O F N E W Y O R K ________________________________________________________________________ 6715--A Cal. No. 431 2015-2016 Regular Sessions I N A S S E M B L Y March 30, 2015 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the family court act and the domestic relations law, in relation to non-respondent parents in child protective and permanency proceedings in family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 651 of the family court act is amended by adding a 2 new subdivision (c-1) to read as follows: 3 (C-1) WHERE A PROCEEDING FILED PURSUANT TO ARTICLE TEN OR TEN-A OF 4 THIS ACT IS PENDING AT THE SAME TIME AS A PROCEEDING BROUGHT IN THE 5 FAMILY COURT PURSUANT TO THIS ARTICLE, THE COURT PRESIDING OVER THE 6 PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THIS ACT MAY JOINTLY HEAR THE 7 HEARING ON THE CUSTODY AND VISITATION PETITION UNDER THIS ARTICLE AND 8 THE DISPOSITIONAL HEARING ON THE PETITION UNDER ARTICLE TEN OR THE 9 PERMANENCY HEARING UNDER ARTICLE TEN-A OF THIS ACT; PROVIDED, HOWEVER, 10 THE COURT MUST DETERMINE THE CUSTODY AND VISITATION PETITION IN ACCORD- 11 ANCE WITH THE TERMS OF THIS ARTICLE. 12 S 2. Section 1012 of the family court act is amended by adding three 13 new subdivisions (l), (m) and (n) to read as follows: 14 (L) "PARENT" MEANS A PERSON WHO IS RECOGNIZED UNDER THE LAWS OF THE 15 STATE OF NEW YORK TO BE THE CHILD'S LEGAL PARENT. 16 (M) "RELATIVE" MEANS ANY PERSON WHO IS RELATED TO THE CHILD BY BLOOD, 17 MARRIAGE OR ADOPTION AND WHO IS NOT A PARENT, PUTATIVE PARENT OR RELA- 18 TIVE OF A PUTATIVE PARENT OF THE CHILD. 19 (N) "SUITABLE PERSON" MEANS ANY PERSON WHO PLAYS OR HAS PLAYED A 20 SIGNIFICANT POSITIVE ROLE IN THE CHILD'S LIFE OR IN THE LIFE OF THE 21 CHILD'S FAMILY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09670-04-5 A. 6715--A 2 1 S 3. Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3 2 of section 1017 of the family court act, subdivision 1 and paragraph (a) 3 of subdivision 2 as amended by section 10 of part A of chapter 3 of the 4 laws of 2005, the opening paragraph of subdivision 1 as separately 5 amended by chapter 671 of the laws of 2005, subparagraphs (i) and (ii) 6 of paragraph (a) of subdivision 2 as amended and subdivision 3 as added 7 by chapter 519 of the laws of 2008, are amended to read as follows: 8 1. In any proceeding under this article, when the court determines 9 that a child must be removed from his or her home, pursuant to part two 10 of this article, or placed, pursuant to section one thousand fifty-five 11 of this article[,]: 12 (A) the court shall direct the local commissioner of social services 13 to conduct an immediate investigation to locate any non-respondent 14 parent of the child and any relatives of the child, including all of the 15 child's grandparents, all [suitable] relatives OR SUITABLE PERSONS iden- 16 tified by any respondent parent or any non-respondent parent and any 17 relative identified by a child over the age of five as a relative who 18 plays or has played a significant positive role in his or her life[, 19 and]. THE LOCAL COMMISSIONER SHALL inform them IN WRITING of the 20 pendency of the proceeding and of the opportunity for [becoming foster 21 parents or for seeking custody or care] NON-RESPONDENT PARENTS TO SEEK 22 TEMPORARY RELEASE of the child[, and that the child may be adopted by 23 foster parents if attempts at reunification with the birth parent are 24 not required or are unsuccessful] UNDER THIS ARTICLE OR CUSTODY UNDER 25 ARTICLE SIX OF THIS ACT OR FOR RELATIVES TO SEEK TO BECOME FOSTER 26 PARENTS OR TO PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK CUSTODY 27 PURSUANT TO ARTICLE SIX OF THIS ACT; OR FOR SUITABLE PERSONS TO BECOME 28 FOSTER PARENTS OR PROVIDE FREE CARE UNDER THIS ARTICLE OR TO SEEK GUAR- 29 DIANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT. UNIFORM STATEWIDE RULES OF 30 COURT SHALL SPECIFY THE CONTENTS OF THE NOTICE CONSISTENT WITH THE 31 PROVISIONS OF THIS SECTION. The local commissioner of social services 32 shall [record] REPORT the results of such investigation, OR INVESTI- 33 GATIONS TO THE COURT AND PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD. 34 THE LOCAL COMMISSIONER SHALL ALSO RECORD THE RESULTS OF THE INVESTI- 35 GATION OR INVESTIGATIONS, including, but not limited to, the name, last 36 known address, social security number, employer's address and any other 37 identifying information to the extent known regarding any non-respondent 38 parent, in the uniform case record maintained pursuant to section four 39 hundred nine-f of the social services law. For the purpose of this 40 section, "non-respondent parent" shall include a person entitled to 41 notice of the pendency of the proceeding and of the right to intervene 42 as an interested party pursuant to subdivision (d) of section one thou- 43 sand thirty-five of this article, and a non-custodial parent entitled to 44 notice and the right to enforce visitation rights pursuant to subdivi- 45 sion (e) of section one thousand thirty-five of this article. 46 (B) THE COURT SHALL ALSO DIRECT THE LOCAL COMMISSIONER OF SOCIAL 47 SERVICES TO CONDUCT AN INVESTIGATION TO LOCATE ANY PERSON WHO IS NOT 48 RECOGNIZED TO BE THE CHILD'S LEGAL PARENT AND DOES NOT HAVE THE RIGHTS 49 OF A LEGAL PARENT UNDER THE LAWS OF THE STATE OF NEW YORK BUT WHO (I) 50 HAS FILED WITH A PUTATIVE FATHER REGISTRY AN INSTRUMENT ACKNOWLEDGING 51 PATERNITY OF THE CHILD, PURSUANT TO SECTION 4-1.2 OF THE ESTATES, POWERS 52 AND TRUSTS LAW, OR (II) HAS A PENDING PATERNITY PETITION, OR (III) HAS 53 BEEN IDENTIFIED AS A PARENT OF THE CHILD BY THE CHILD'S OTHER PARENT IN 54 A WRITTEN SWORN STATEMENT. THE LOCAL COMMISSIONER OF SOCIAL SERVICES 55 SHALL REPORT THE RESULTS OF SUCH INVESTIGATION TO THE COURT AND PARTIES, 56 INCLUDING THE ATTORNEY FOR THE CHILD. A. 6715--A 3 1 (C) The court shall determine: 2 [(a)] (I) whether there is a [suitable] non-respondent parent [or 3 other person related to the child], RELATIVE OR SUITABLE PERSON with 4 whom such child may appropriately reside; and 5 [(b)] (II) in the case of a relative OR SUITABLE PERSON, whether such 6 [relative] INDIVIDUAL seeks approval as a foster parent pursuant to the 7 social services law for the purposes of providing care for such child, 8 or wishes to provide free care [and custody] for the child during the 9 pendency of any orders pursuant to this article. 10 (a) where the court, AFTER A REVIEW OF THE REPORTS OF THE SEX OFFENDER 11 REGISTRY ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE HUNDRED 12 SIXTY-EIGHT-B OF THE CORRECTION LAW, REPORTS OF THE STATEWIDE COMPUTER- 13 IZED REGISTRY OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSU- 14 ANT TO SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW, RELATED 15 DECISIONS IN COURT PROCEEDINGS UNDER THIS ARTICLE AND ALL WARRANTS 16 ISSUED UNDER THIS ACT, determines that the child may APPROPRIATELY 17 reside with a [suitable] non-respondent parent or other relative or 18 [other] suitable person, either: 19 (i) grant [an] A TEMPORARY order of custody or guardianship to such 20 non-respondent parent, [other] relative or [other] suitable person 21 pursuant to A PETITION FILED UNDER ARTICLE SIX OF THIS ACT PENDING 22 FURTHER ORDER OF THE COURT, OR AT DISPOSITION OF THE PROCEEDING, GRANT A 23 FINAL ORDER OF CUSTODY OR GUARDIANSHIP TO SUCH NON-RESPONDENT PARENT, 24 RELATIVE OR SUITABLE PERSON PURSUANT TO ARTICLE SIX OF THIS ACT AND 25 section one thousand fifty-five-b of this article; or 26 (ii) [place] TEMPORARILY RELEASE the child directly [in the custody 27 of] TO such non-respondent parent[, other] OR TEMPORARILY PLACE THE 28 CHILD WITH A relative or [other] suitable person pursuant to this arti- 29 cle during the pendency of the proceeding or until further order of the 30 court, whichever is earlier and conduct such other and further investi- 31 gations as the court deems necessary. THE COURT MAY DIRECT THE COMMIS- 32 SIONER OF SOCIAL SERVICES, PURSUANT TO REGULATIONS OF THE OFFICE OF 33 CHILDREN AND FAMILY SERVICES, TO COMMENCE AN INVESTIGATION OF THE HOME 34 OF SUCH NON-RESPONDENT PARENT, RELATIVE OR SUITABLE PERSON WITHIN TWEN- 35 TY-FOUR HOURS AND TO REPORT THE RESULTS TO THE COURT AND THE PARTIES, 36 INCLUDING THE ATTORNEY FOR THE CHILD. IF THE HOME OF A NON-RESPONDENT 37 PARENT, RELATIVE OR SUITABLE PERSON, IS FOUND UNQUALIFIED AS APPROPRIATE 38 FOR THE TEMPORARY RELEASE OR PLACEMENT OF THE CHILD UNDER THIS ARTICLE, 39 THE LOCAL COMMISSIONER SHALL REPORT SUCH FACT AND THE REASONS THEREFOR 40 TO THE COURT AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, 41 FORTHWITH; or 42 (iii) remand or place the child, as applicable, with the local commis- 43 sioner of social services and direct such commissioner to have the child 44 reside with such relative or [other] suitable person and further direct 45 such commissioner pursuant to regulations of the office of children and 46 family services, to commence an investigation of the home of such rela- 47 tive or other suitable person within twenty-four hours and thereafter 48 approve such relative or other suitable person, if qualified, as a 49 foster parent. If such home is found to be unqualified for approval, the 50 local commissioner shall report such fact AND THE REASONS THEREAFTER to 51 the court AND THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, forth- 52 with. 53 3. An order [placing] TEMPORARILY RELEASING a child [with] TO A 54 NON-RESPONDENT PARENT OR PARENTS, OR TEMPORARILY PLACING A CHILD WITH a 55 relative or RELATIVES OR other suitable person OR PERSONS pursuant to 56 SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF this section OR A. 6715--A 4 1 REMANDING OR PLACING A CHILD WITH A LOCAL COMMISSIONER OF SOCIAL 2 SERVICES TO RESIDE WITH A RELATIVE OR RELATIVES OR SUITABLE PERSON OR 3 PERSONS AS FOSTER PARENTS PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH 4 (A) OF SUBDIVISION TWO OF THIS SECTION may not be granted unless the 5 [relative or other suitable] person [consents] OR PERSONS TO WHOM THE 6 CHILD IS RELEASED, REMANDED OR PLACED SUBMITS to the jurisdiction of the 7 court WITH RESPECT TO THE CHILD. The [court] ORDER SHALL SET FORTH THE 8 TERMS AND CONDITIONS APPLICABLE TO SUCH PERSON OR PERSONS AND CHILD 9 PROTECTIVE AGENCY, SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY 10 WITH RESPECT TO THE CHILD AND may [place the person with whom the child 11 has been directly placed under supervision during the pendency of the 12 proceeding. Such supervision shall be provided by a] INCLUDE, BUT MAY 13 NOT BE LIMITED TO, A DIRECTION FOR SUCH PERSON OR PERSONS TO COOPERATE 14 IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED VISITATION WITH RESPOND- 15 ENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS WITH AND VISITS BY THE 16 child protective agency, INCLUDING VISITS IN THE HOME AND IN-PERSON 17 CONTACT WITH THE CHILD PROTECTIVE AGENCY, social services official or 18 duly authorized agency, AND FOR APPOINTMENTS WITH THE CHILD'S ATTORNEY, 19 CLINICIAN OR OTHER INDIVIDUAL OR PROGRAM PROVIDING SERVICES TO THE CHILD 20 DURING THE PENDENCY OF THE PROCEEDING. The court also may issue a tempo- 21 rary order of protection under subdivision (f) of section one thousand 22 twenty-two, section one thousand twenty-three or section one thousand 23 twenty-nine of this article AND AN ORDER DIRECTING THAT SERVICES BE 24 PROVIDED PURSUANT TO SECTION ONE THOUSAND FIFTEEN-A OF THIS PART. [An 25 order of supervision issued pursuant to this subdivision shall set forth 26 the terms and conditions that the relative or suitable person must meet 27 and the actions that the child protective agency, social services offi- 28 cial or duly authorized agency must take to exercise such supervision.] 29 S 4. Section 1022-a of the family court act, as added by chapter 336 30 of the laws of 1990, is amended to read as follows: 31 S 1022-a. Preliminary orders; notice and appointment of counsel. At a 32 hearing held pursuant to section [ten hundred] ONE THOUSAND twenty-two 33 of this [act] PART at which the respondent is present, the court shall 34 advise the respondent AND ANY NON-RESPONDENT PARENT WHO IS PRESENT of 35 the allegations in the application and shall appoint counsel for [the 36 respondent pursuant to] EACH IN ACCORDANCE WITH section two hundred 37 sixty-two of this act [where the respondent is indigent], UNLESS WAIVED. 38 S 5. Subparagraph (C) of paragraph (i) of subdivision (b) and subdivi- 39 sion (d) of section 1027 of the family court act, subparagraph (C) of 40 paragraph (i) of subdivision (b) as amended by chapter 671 of the laws 41 of 2005 and subdivision (d) as added by chapter 962 of the laws of 1970, 42 are amended to read as follows: 43 (C) [in the custody of] WITH a relative or suitable person other than 44 the respondent. 45 (d) Upon such hearing, the court may, for good cause shown, release 46 the child to [the custody of] his OR HER parent or other person legally 47 responsible for his OR HER care, pending a final order of disposition, 48 in accord with SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF 49 section one thousand [fifty-four] SEVENTEEN OF THIS ARTICLE. 50 S 6. The opening paragraph of subdivision (d) of section 1035 of the 51 family court act, as amended by chapter 526 of the laws of 2003, is 52 amended to read as follows: 53 Where the respondent is not the child's parent, service of the summons 54 and petition shall also be ordered on both of the child's parents; where 55 only one of the child's parents is the respondent, service of the 56 summons and petition shall also be ordered on the child's other parent. A. 6715--A 5 1 The summons and petition shall be accompanied by a notice of pendency of 2 the child protective proceeding advising the parents or parent of the 3 right to appear and participate in the proceeding as an interested party 4 intervenor for the purpose of seeking temporary and permanent RELEASE OF 5 THE CHILD UNDER THIS ARTICLE OR custody of the child UNDER ARTICLE SIX 6 OF THIS ACT, and to participate thereby in all arguments and hearings 7 insofar as they affect the temporary RELEASE OR custody of the child 8 during fact-finding proceedings, and in all phases of dispositional 9 proceedings. The notice shall also ADVISE THE PARENT OR PARENTS OF THE 10 RIGHT TO COUNSEL, INCLUDING ASSIGNED COUNSEL, PURSUANT TO SECTION TWO 11 HUNDRED SIXTY-TWO OF THIS ACT, AND ALSO indicate that: 12 S 7. Subdivision (a) of section 1052 of the family court act, as 13 amended by chapter 519 of the laws of 2008, is amended to read as 14 follows: 15 (a) At the conclusion of a dispositional hearing under this article, 16 the court shall enter an order of disposition directing one or more of 17 the following: 18 (i) suspending judgment in accord with section one thousand fifty- 19 three of this part; or 20 (ii) releasing the child to [the custody of his] A NON-RESPONDENT 21 PARENT OR parents or [other person legally responsible] LEGAL CUSTODIAN 22 OR CUSTODIANS OR GUARDIAN OR GUARDIANS, WHO IS NOT OR ARE NOT RESPOND- 23 ENTS IN THE PROCEEDING, in accord with section one thousand fifty-four 24 of this part; or 25 (iii) placing the child in accord with section one thousand fifty-five 26 of this part; or 27 (iv) making an order of protection in accord with SECTION one thousand 28 fifty-six of this part; or 29 (v) RELEASING THE CHILD TO THE RESPONDENT OR RESPONDENTS OR placing 30 the respondent OR RESPONDENTS under supervision, OR BOTH, in accord with 31 section one thousand fifty-seven of this part; or 32 (vi) granting custody of the child to A RESPONDENT PARENT OR PARENTS, 33 A RELATIVE OR relatives or A suitable PERSON OR persons pursuant to 34 ARTICLE SIX OF THIS ACT AND section one thousand fifty-five-b of this 35 part; OR 36 (VII) GRANTING CUSTODY OF THE CHILD TO A NON-RESPONDENT PARENT OR 37 PARENTS PURSUANT TO ARTICLE SIX OF THIS ACT. 38 However, the court shall not enter an order of disposition combining 39 placement of the child under paragraph (iii) of this subdivision with a 40 disposition under paragraph (i) or (ii) of this subdivision. An order 41 granting custody of the child pursuant to paragraph (vi) OR (VII) of 42 this subdivision shall not be combined with any other disposition under 43 this subdivision. 44 S 8. Section 1054 of the family court act, as amended by chapter 1039 45 of the laws of 1973, subdivision (a) as amended by chapter 41 of the 46 laws of 2010 and subdivision (b) as amended by chapter 458 of the laws 47 of 1989, is amended to read as follows: 48 S 1054. Release to [custody of] NON-RESPONDENT parent or [other person 49 responsible for care; supervision or order of protection] LEGAL CUSTO- 50 DIAN OR GUARDIAN. (a) [If the] AN order of disposition [releases] MAY 51 RELEASE the child FOR A DESIGNATED PERIOD OF UP TO ONE YEAR to [the 52 custody of his or her] A NON-RESPONDENT parent or [other] PARENTS OR A 53 person [legally responsible for his or her care] OR PERSONS WHO HAD BEEN 54 THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN at the time of the filing of the 55 petition, [the] AND WHO IS NOT OR ARE NOT RESPONDENTS IN THE PROCEEDING A. 6715--A 6 1 UNDER THIS ARTICLE. AN ORDER UNDER THIS SECTION MAY BE EXTENDED UPON A 2 HEARING FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE. 3 (B) THE court may [place] REQUIRE the person OR PERSONS to [whose 4 custody] WHOM the child is released under [supervision of a] THIS 5 SECTION TO SUBMIT TO THE JURISDICTION OF THE COURT WITH RESPECT TO THE 6 CHILD FOR THE PERIOD OF THE DISPOSITION OR AN EXTENSION THEREOF. THE 7 ORDER MAY INCLUDE, BUT IS NOT LIMITED TO, A DIRECTION FOR SUCH PERSON OR 8 PERSONS TO COOPERATE IN MAKING THE CHILD AVAILABLE FOR COURT-ORDERED 9 VISITATION WITH RESPONDENTS, SIBLINGS AND OTHERS AND FOR APPOINTMENTS 10 WITH AND VISITS BY THE child protective agency [or of a], INCLUDING 11 VISITS IN THE HOME AND IN-PERSON CONTACT WITH THE CHILD PROTECTIVE AGEN- 12 CY, social services official or duly authorized agency, AND FOR APPOINT- 13 MENTS WITH THE CHILD'S ATTORNEY, CLINICIAN OR OTHER INDIVIDUAL OR 14 PROGRAM PROVIDING SERVICES TO THE CHILD. THE ORDER SHALL SET FORTH THE 15 TERMS AND CONDITIONS APPLICABLE TO SUCH NON-RESPONDENT AND CHILD PROTEC- 16 TIVE AGENCY, SOCIAL SERVICES OFFICIAL AND DULY AUTHORIZED AGENCY WITH 17 RESPECT TO THE CHILD. 18 (C) IN CONJUNCTION WITH AN ORDER RELEASING THE CHILD TO A NON-RESPON- 19 DENT PARENT, LEGAL CUSTODIAN OR GUARDIAN UNDER THIS SUBDIVISION, THE 20 COURT MAY ALSO ISSUE ANY OR ALL OF THE FOLLOWING ORDERS: AN ORDER OF 21 SUPERVISION OF A RESPONDENT PARENT UNDER SECTION ONE THOUSAND FIFTY-SEV- 22 EN, AN ORDER DIRECTING THAT SERVICES BE PROVIDED TO THE RESPONDENT 23 PARENT UNDER SECTION ONE THOUSAND FIFTEEN-A or [may enter] an order of 24 protection under section one thousand fifty-six[, or both] OF THIS ARTI- 25 CLE. An order of supervision OF THE RESPONDENT entered under this 26 [section shall set forth the terms and conditions of such supervision 27 that the respondent must meet and the actions that the child protective 28 agency, social services official or duly authorized agency must take to 29 exercise such supervision] SUBDIVISION MAY BE EXTENDED UPON A HEARING 30 FOR A PERIOD OF UP TO ONE YEAR FOR GOOD CAUSE. 31 (D) Except as provided for herein, in any order issued pursuant to 32 this section, the court may require the child protective agency to make 33 progress reports to the court, the parties, and the child's attorney on 34 the implementation of such order. Where the order of disposition is 35 issued upon the consent of the parties and the child's attorney, such 36 agency shall report to the court, the parties and the child's attorney 37 no later than ninety days after the issuance of the order AND NO LATER 38 THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF the ORDER, UNLESS THE court 39 determines that the facts and circumstances of the case do not require 40 such report to be made. 41 [(b) Rules of court shall define permissible terms and conditions of 42 supervision under this section. The duration of any period of super- 43 vision shall be for an initial period of no more than one year and the 44 court may at the expiration of that period, upon a hearing and for good 45 cause shown, make successive extensions of such supervision of up to one 46 year each.] 47 S 9. The section heading and subdivisions (a) and (b) of section 48 1055-b of the family court act, as amended by section 7 of part F of 49 chapter 58 of the laws of 2010, are amended and two new subdivisions 50 (a-1) and (a-2) are added to read as follows: 51 Custody or guardianship with A PARENT OR PARENTS, relatives or suit- 52 able persons pursuant to article six of this act or guardianship with 53 [such a person] RELATIVES OR SUITABLE PERSONS pursuant to article seven- 54 teen of the surrogate's court procedure act. (a) CUSTODY OR GUARDIAN- 55 SHIP WITH RESPONDENT PARENT OR PARENTS, RELATIVES OR SUITABLE PERSONS. 56 At the conclusion of the dispositional hearing under this article, the A. 6715--A 7 1 court may enter an order of disposition granting custody or guardianship 2 of the child to a RESPONDENT PARENT OR PARENTS, AS DEFINED IN SUBDIVI- 3 SION (1) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, OR A relative 4 OR RELATIVES or other suitable person [under] OR PERSONS PURSUANT TO 5 article six of this act or an order of guardianship of the child to 6 [such] a RELATIVE OR RELATIVES OR SUITABLE person OR PERSONS under arti- 7 cle seventeen of the surrogate's court procedure act if THE FOLLOWING 8 CONDITIONS HAVE BEEN MET: 9 (i) the RESPONDENT PARENT OR PARENTS, relative OR RELATIVES or suit- 10 able person OR PERSONS has OR HAVE filed a petition for custody or guar- 11 dianship of the child pursuant to article six of this act or, IN THE 12 CASE OF A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS, a peti- 13 tion for guardianship of the child under article seventeen of the surro- 14 gate's court procedure act; and 15 (ii) the court finds that granting custody or guardianship of the 16 child to [the relative or suitable] SUCH person OR PERSONS is in the 17 best interests of the child and that the safety of the child will not be 18 jeopardized if the respondent or respondents under the child protective 19 proceeding are no longer under supervision or receiving services. In 20 determining whether the best interests of the child will be promoted by 21 the granting of guardianship of the child to a relative who has cared 22 for the child as a foster parent, the court shall give due consideration 23 to the permanency goal of the child, the relationship between the child 24 and the relative, and whether the relative and the social services 25 district have entered into an agreement to provide kinship guardianship 26 assistance payments for the child to the relative under title ten of 27 article six of the social services law, and, if so, whether the fact- 28 finding hearing pursuant to section one thousand fifty-one of this part 29 and a permanency hearing pursuant to section one thousand eighty-nine of 30 this chapter [has] HAVE occurred and whether compelling reasons exist 31 for determining that the return home of the child and the adoption of 32 the child are not in the best interests of the child and are, therefore, 33 not appropriate permanency options; and 34 (iii) the court finds that granting custody or guardianship of the 35 child to the RESPONDENT PARENT, relative or suitable person under arti- 36 cle six of this act or granting guardianship of the child to the rela- 37 tive or [other] suitable person under article seventeen of the surro- 38 gate's court procedure act will provide the child with a safe and 39 permanent home; and 40 (iv) all parties to the child protective proceeding consent to the 41 granting of custody or guardianship under article six of this act or the 42 granting of guardianship under article seventeen of the surrogate's 43 court procedure ACT; or [(v)], IF ANY OF THE PARTIES OBJECT TO THE 44 GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS MADE THE FOLLOWING 45 FINDINGS after a [consolidated] JOINT dispositional hearing on the child 46 protective petition and the petition under article six of this act or 47 under article seventeen of the surrogate's court procedure act[;]: 48 (A) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE 49 FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A parent or parents 50 fail to consent to the granting of [custody or guardianship under arti- 51 cle six of this act or] the [granting of guardianship under article 52 seventeen of the surrogate's court procedure act] PETITION, the court 53 finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE 54 DEMONSTRATED THAT extraordinary circumstances exist that support grant- 55 ing an order of custody or guardianship TO THE RELATIVE OR RELATIVES OR A. 6715--A 8 1 SUITABLE PERSON OR PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE 2 THE CHILD'S BEST INTERESTS; or 3 (B) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE 4 FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A party other than the 5 parent or parents fail to consent to the granting of [custody or guardi- 6 anship under article six of this act or] the PETITION [granting of guar- 7 dianship under article seventeen of the surrogate's court procedure 8 act], the court finds that granting custody or guardianship of the child 9 to the relative OR RELATIVES or suitable person OR PERSONS is in the 10 best interests of the child; OR 11 (C) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER 12 ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD 13 OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE 14 OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR, 15 IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT 16 GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS 17 BE IN THE CHILD'S BEST INTERESTS; OR 18 (D) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER 19 ARTICLE SIX OF THIS ACT AND THE OTHER PARENT OBJECTS TO THE GRANTING OF 20 THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY TO THE PETITIONING 21 RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS. 22 (A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER 23 ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED BY THE NON-RESPONDENT 24 PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME 25 AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE, 26 THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY 27 HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE PETITION UNDER 28 THIS ARTICLE AND THE HEARING ON THE CUSTODY AND VISITATION PETITION 29 UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT MUST DETER- 30 MINE THE NON-RESPONDENT PARENT'S CUSTODY AND VISITATION PETITION FILED 31 UNDER ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTI- 32 CLE. 33 (A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER 34 SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. WHERE A 35 PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR 36 RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME 37 TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI- 38 CLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY 39 JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE CHILD PROTECTIVE PETITION 40 UNDER ARTICLE TEN OF THIS ACT AND, UPON REFERRAL FROM THE SUPREME COURT, 41 THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE 42 PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT 43 MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD- 44 ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO 45 HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. 46 (b) An order made in accordance with the provisions of this section 47 shall set forth the required findings as described in subdivision (a) of 48 this section WHERE APPLICABLE, including, if the guardian and the local 49 department of social services have entered into an agreement to provide 50 kinship guardianship assistance payments for the child to the relative 51 under title ten of article six of the social services law, that a fact- 52 finding hearing pursuant to section one thousand fifty-one of this part 53 and a permanency hearing pursuant to section one thousand eighty-nine of 54 this chapter [has] HAVE occurred, and the compelling reasons that exist 55 for determining that the return home of the child and the adoption of 56 the child are not in the best interests of the child and are, therefore, A. 6715--A 9 1 not appropriate permanency options for the child, and shall constitute 2 the final disposition of the child protective proceeding. Notwithstand- 3 ing any other provision of law, the court shall not issue an order of 4 supervision nor may the court require the local department of social 5 services to provide services to the respondent or respondents when 6 granting custody or guardianship pursuant to article six of this act 7 under this section or granting guardianship under article seventeen of 8 the surrogate's court procedure act. 9 S 10. Section 1057 of the family court act, as amended by chapter 41 10 of the laws of 2010, is amended to read as follows: 11 S 1057. [Supervision] RELEASE OF THE CHILD TO THE RESPONDENT OR 12 RESPONDENTS; SUPERVISION OF THE RESPONDENT OR RESPONDENTS. 13 (A) The court may RELEASE THE CHILD TO THE RESPONDENT OR RESPONDENTS 14 FOR A PERIOD OF UP TO ONE YEAR, WHICH MAY BE EXTENDED PURSUANT TO SUBDI- 15 VISION (D) OF THIS SECTION. 16 (B) IN CONJUNCTION WITH AN ORDER RELEASING A CHILD UNDER THIS SECTION 17 OR AN ORDER UNDER PARAGRAPH (II), (III) OR (IV) OF SUBDIVISION (A) OF 18 SECTION ONE THOUSAND FIFTY-TWO OF THIS PART, THE COURT MAY place the 19 respondent OR RESPONDENTS under supervision of a child protective agency 20 or of a social services official or duly authorized agency. An order of 21 supervision entered under this section shall set forth the terms and 22 conditions of such supervision that the respondent OR RESPONDENTS must 23 meet and the actions that the child protective agency, social services 24 official or duly authorized agency must take to exercise such super- 25 vision. 26 (C) Except as provided for herein, in any order issued pursuant to 27 SUBDIVISION (A) OR (B) OF this section, the court may require the child 28 protective agency to make progress reports to the court, the parties, 29 and the child's attorney on the implementation of such order. Where the 30 order of disposition is issued upon the consent of the parties and the 31 child's attorney, such agency shall report to the court, the parties and 32 the child's attorney no later than ninety days after the issuance of the 33 order[, unless] AND NO LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION OF 34 the ORDER, UNLESS THE court determines that the facts and circumstances 35 of the case do not require such report to be made. [Rules] UNIFORM 36 STATEWIDE RULES of court shall define permissible terms and conditions 37 of supervision OF THE RESPONDENT OR RESPONDENTS under this section. 38 (D) The duration of any period of RELEASE OF THE CHILD TO THE RESPOND- 39 ENT OR RESPONDENTS OR supervision OF THE RESPONDENT OR RESPONDENTS OR 40 BOTH shall be for an initial period of no more than one year [and the]. 41 THE court may at the expiration of that period, upon a hearing and for 42 good cause shown, [make successive extensions of] EXTEND such RELEASE OR 43 supervision OR BOTH FOR A PERIOD of up to one year [each]. 44 S 11. The section heading and subdivisions (a), (b) and (c) of section 45 1089-a of the family court act, as amended by section 8 of part F of 46 chapter 58 of the laws of 2010, are amended and two new subdivisions 47 (a-1) and (a-2) are added to read as follows: 48 Custody or guardianship with A PARENT OR PARENTS, A RELATIVE OR rela- 49 tives or A suitable PERSON OR persons pursuant to article six of this 50 act or guardianship OF A RELATIVE OR RELATIVES OR A SUITABLE PERSON OR 51 PERSONS pursuant to article seventeen of the surrogate's court procedure 52 act. (a) Where the permanency plan is placement with a fit and willing 53 relative OR A RESPONDENT PARENT, the court may issue an order of custody 54 or guardianship in response to a petition filed by a RESPONDENT PARENT, 55 relative or suitable person seeking custody or guardianship of the child 56 under article six of this act or an order of guardianship of the child A. 6715--A 10 1 under article seventeen of the surrogate's court procedure act [at]. A 2 PETITION FOR CUSTODY OR GUARDIANSHIP MAY BE HEARD JOINTLY WITH a perman- 3 ency hearing held pursuant to this article [and terminate]. AN ORDER OF 4 CUSTODY OR GUARDIANSHIP ISSUED IN ACCORDANCE WITH THIS SUBDIVISION WILL 5 RESULT IN TERMINATION OF all pending orders issued pursuant to THIS 6 article OR ARTICLE ten of this act if THE FOLLOWING CONDITIONS HAVE BEEN 7 MET: 8 (i) the court finds that granting custody TO THE RESPONDENT PARENT OR 9 PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or guardi- 10 anship of the child to the relative OR RELATIVES or suitable person OR 11 PERSONS is in the best interests of the child and that the termination 12 of the order placing the child pursuant to article ten of this act will 13 not jeopardize the safety of the child. In determining whether the best 14 interests of the child will be promoted by the granting of guardianship 15 of the child to a relative who has cared for the child as a foster 16 parent, the court shall give due consideration to the permanency goal of 17 the child, the relationship between the child and the relative, and 18 whether the relative and the local department of social services have 19 entered into an agreement to provide kinship guardianship assistance 20 payments for the child to the relative under title ten of article six of 21 the social services law, and, if so, whether a fact-finding hearing 22 pursuant to section one thousand fifty-one of this chapter has occurred, 23 and whether compelling reasons exist for determining that the return 24 home of the child and the adoption of the child are not in the best 25 interests of the child and are, therefore, not appropriate permanency 26 options; and 27 (ii) the court finds that granting custody TO THE RESPONDENT PARENT OR 28 PARENTS, RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS or guardi- 29 anship of the child to the relative or RELATIVES OR suitable person OR 30 PERSONS will provide the child with a safe and permanent home; and 31 (iii) the parents, the attorney for the child, the local department of 32 social services, and the foster parent of the child who has been the 33 foster parent for the child for one year or more consent to the issuance 34 of an order of custody or guardianship under article six of this act or 35 the granting of guardianship under article seventeen of the surrogate's 36 court procedure act and the termination of the order of placement pursu- 37 ant to THIS article OR ARTICLE ten of this act; or [(iv)], IF ANY OF THE 38 PARTIES OBJECT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP, THE COURT HAS 39 MADE THE FOLLOWING FINDINGS after a [consolidated] JOINT hearing on the 40 permanency of the child and the petition under article six of this act 41 or article seventeen of the surrogate's court procedure act[;]: 42 (A) if a RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE 43 FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND A parent or parents 44 fail to consent to the granting of [custody or guardianship under arti- 45 cle six of this act or] the [granting of guardianship under article 46 seventeen of the surrogate's court procedure act] PETITION, the court 47 finds that THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE 48 DEMONSTRATED THAT extraordinary circumstances exist that support grant- 49 ing an order of custody or guardianship under article six of this act or 50 the granting of guardianship under article seventeen of the surrogate's 51 court procedure act TO THE RELATIVE OR RELATIVES OR SUITABLE PERSON OR 52 PERSONS AND THAT THE GRANTING OF THE ORDER WILL SERVE THE CHILD'S BEST 53 INTERESTS; or 54 (B) if A RELATIVE OR RELATIVES OR SUITABLE PERSON OR PERSONS HAVE 55 FILED A PETITION FOR CUSTODY OR GUARDIANSHIP AND the local department of 56 social services, the attorney for the child, or the foster parent of the A. 6715--A 11 1 child who has been the foster parent for the child for one year or more 2 [fail to consent] OBJECTS to the granting of [custody or guardianship 3 under article six of this act or the granting of guardianship under 4 article seventeen of the surrogate's court procedure act] THE PETITION, 5 the court finds that granting custody or guardianship of the child to 6 the relative OR RELATIVES or suitable person OR PERSONS is in the best 7 interests of the child; OR 8 (C) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER 9 ARTICLE SIX OF THIS ACT AND A PARTY WHO IS NOT A PARENT OF THE CHILD 10 OBJECTS TO THE GRANTING OF THE PETITION, THE COURT FINDS EITHER THAT THE 11 OBJECTING PARTY HAS FAILED TO ESTABLISH EXTRAORDINARY CIRCUMSTANCES, OR, 12 IF THE OBJECTING PARTY HAS ESTABLISHED EXTRAORDINARY CIRCUMSTANCES, THAT 13 GRANTING CUSTODY TO THE PETITIONING RESPONDENT PARENT WOULD NONETHELESS 14 BE IN THE CHILD'S BEST INTERESTS; OR 15 (D) IF A RESPONDENT PARENT HAS FILED A PETITION FOR CUSTODY UNDER 16 ARTICLE SIX OF THIS ACT AND THE OTHER PARENT FAILS TO CONSENT TO THE 17 GRANTING OF THE PETITION, THE COURT FINDS THAT GRANTING CUSTODY TO THE 18 PETITIONING RESPONDENT PARENT IS IN THE CHILD'S BEST INTERESTS. 19 (A-1) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER 20 ARTICLE SIX OF THIS ACT. WHERE A PROCEEDING FILED BY A NON-RESPONDENT 21 PARENT PURSUANT TO ARTICLE SIX OF THIS ACT IS PENDING AT THE SAME TIME 22 AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTICLE, 23 THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY JOINTLY 24 HEAR THE PERMANENCY HEARING AND THE HEARING ON THE CUSTODY AND VISITA- 25 TION PETITION UNDER ARTICLE SIX OF THIS ACT; PROVIDED HOWEVER, THE COURT 26 MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODY PETITION FILED UNDER 27 ARTICLE SIX OF THIS ACT IN ACCORDANCE WITH THE TERMS OF THAT ARTICLE. 28 (A-2) CUSTODY AND VISITATION PETITION OF NON-RESPONDENT PARENT UNDER 29 SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. WHERE A 30 PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY OF, OR 31 RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE IS PENDING AT THE SAME 32 TIME AS A PROCEEDING BROUGHT IN THE FAMILY COURT PURSUANT TO THIS ARTI- 33 CLE, THE COURT PRESIDING OVER THE PROCEEDING UNDER THIS ARTICLE MAY 34 JOINTLY HEAR THE PERMANENCY HEARING AND, UPON REFERRAL FROM THE SUPREME 35 COURT, THE HEARING TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE 36 PROCEEDING PENDING IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT 37 MUST DETERMINE THE NON-RESPONDENT PARENT'S CUSTODIAL RIGHTS IN ACCORD- 38 ANCE WITH THE TERMS OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO 39 HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. 40 (b) An order made in accordance with the provisions of this section 41 shall set forth the required findings as described in subdivision (a) of 42 this section, WHERE APPLICABLE, including, if the guardian and local 43 department of social services have entered into an agreement to provide 44 kinship guardianship assistance payments for the child to the relative 45 under title ten of article six of the social services law, that a fact- 46 finding hearing pursuant to section one thousand fifty-one of this chap- 47 ter [has] AND A PERMANENCY HEARING PURSUANT TO SECTION ONE THOUSAND 48 EIGHTY-NINE OF THIS PART HAVE occurred, and the compelling reasons that 49 exist for determining that the return home of the child are not in the 50 best interests of the child and are, therefore, not appropriate perman- 51 ency options for the child, and shall result in the termination of any 52 orders in effect pursuant to article ten of this act or pursuant to this 53 article. Notwithstanding any other provision of law, the court shall not 54 issue an order of supervision nor may the court require the local 55 department of social services to provide services to the respondent or 56 respondents when granting custody or guardianship pursuant to article A. 6715--A 12 1 six of this act UNDER THIS SECTION or the granting of guardianship under 2 article seventeen of the surrogate's court procedure act in accordance 3 with this section. 4 (c) As part of the order granting custody or guardianship [to the 5 relative or suitable person] IN ACCORDANCE WITH THIS SECTION pursuant to 6 article six of this act or the granting of guardianship under article 7 seventeen of the surrogate's court procedure act, the court may require 8 that the local department of social services and the attorney for the 9 child receive notice of, and be made parties to, any subsequent proceed- 10 ing to modify the order of custody or guardianship granted pursuant to 11 the article six proceeding; provided, however, if the guardian and the 12 local department of social services have entered into an agreement to 13 provide kinship guardianship assistance payments for the child to the 14 relative under title ten of article six of the social services law, the 15 order must require that the local department of social services and the 16 attorney for the child receive notice of, and be made parties to, any 17 such subsequent proceeding involving custody or guardianship of the 18 child. 19 S 12. Paragraph (a) of subdivision 1 of section 240 of the domestic 20 relations law, as amended by chapter 476 of the laws of 2009, is amended 21 to read as follows: 22 (a) In any action or proceeding brought (1) to annul a marriage or to 23 declare the nullity of a void marriage, or (2) for a separation, or (3) 24 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 25 tion and order to show cause, the custody of or right to visitation with 26 any child of a marriage, the court shall require verification of the 27 status of any child of the marriage with respect to such child's custody 28 and support, including any prior orders, and shall enter orders for 29 custody and support as, in the court's discretion, justice requires, 30 having regard to the circumstances of the case and of the respective 31 parties and to the best interests of the child and subject to the 32 provisions of subdivision one-c of this section. Where either party to 33 an action concerning custody of or a right to visitation with a child 34 alleges in a sworn petition or complaint or sworn answer, cross-peti- 35 tion, counterclaim or other sworn responsive pleading that the other 36 party has committed an act of domestic violence against the party making 37 the allegation or a family or household member of either party, as such 38 family or household member is defined in article eight of the family 39 court act, and such allegations are proven by a preponderance of the 40 evidence, the court must consider the effect of such domestic violence 41 upon the best interests of the child, together with such other facts and 42 circumstances as the court deems relevant in making a direction pursuant 43 to this section and state on the record how such findings, facts and 44 circumstances factored into the direction. If a parent makes a good 45 faith allegation based on a reasonable belief supported by facts that 46 the child is the victim of child abuse, child neglect, or the effects of 47 domestic violence, and if that parent acts lawfully and in good faith in 48 response to that reasonable belief to protect the child or seek treat- 49 ment for the child, then that parent shall not be deprived of custody, 50 visitation or contact with the child, or restricted in custody, visita- 51 tion or contact, based solely on that belief or the reasonable actions 52 taken based on that belief. If an allegation that a child is abused is 53 supported by a preponderance of the evidence, then the court shall 54 consider such evidence of abuse in determining the visitation arrange- 55 ment that is in the best interest of the child, and the court shall not 56 place a child in the custody of a parent who presents a substantial risk A. 6715--A 13 1 of harm to that child, and shall state on the record how such findings 2 were factored into the determination. WHERE A PROCEEDING FILED PURSUANT 3 TO ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT IS PENDING AT THE SAME 4 TIME AS A PROCEEDING BROUGHT IN THE SUPREME COURT INVOLVING THE CUSTODY 5 OF, OR RIGHT TO VISITATION WITH, ANY CHILD OF A MARRIAGE, THE COURT 6 PRESIDING OVER THE PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THE FAMILY 7 COURT ACT MAY JOINTLY HEAR THE DISPOSITIONAL HEARING ON THE PETITION 8 UNDER ARTICLE TEN OR THE PERMANENCY HEARING UNDER ARTICLE TEN-A OF THE 9 FAMILY COURT ACT AND, UPON REFERRAL FROM THE SUPREME COURT, THE HEARING 10 TO RESOLVE THE MATTER OF CUSTODY OR VISITATION IN THE PROCEEDING PENDING 11 IN THE SUPREME COURT; PROVIDED HOWEVER, THE COURT MUST DETERMINE CUSTODY 12 OR VISITATION IN ACCORDANCE WITH THE TERMS OF THIS SECTION. 13 An order directing the payment of child support shall contain the 14 social security numbers of the named parties. In all cases there shall 15 be no prima facie right to the custody of the child in either parent. 16 Such direction shall make provision for child support out of the proper- 17 ty of either or both parents. The court shall make its award for child 18 support pursuant to subdivision one-b of this section. Such direction 19 may provide for reasonable visitation rights to the maternal and/or 20 paternal grandparents of any child of the parties. Such direction as it 21 applies to rights of visitation with a child remanded or placed in the 22 care of a person, official, agency or institution pursuant to article 23 ten of the family court act, or pursuant to an instrument approved under 24 section three hundred fifty-eight-a of the social services law, shall be 25 enforceable pursuant to part eight of article ten of the family court 26 act and sections three hundred fifty-eight-a and three hundred eighty- 27 four-a of the social services law and other applicable provisions of law 28 against any person having care and custody, or temporary care and custo- 29 dy, of the child. Notwithstanding any other provision of law, any writ- 30 ten application or motion to the court for the establishment, modifica- 31 tion or enforcement of a child support obligation for persons not in 32 receipt of public assistance and care must contain either a request for 33 child support enforcement services which would authorize the collection 34 of the support obligation by the immediate issuance of an income 35 execution for support enforcement as provided for by this chapter, 36 completed in the manner specified in section one hundred eleven-g of the 37 social services law; or a statement that the applicant has applied for 38 or is in receipt of such services; or a statement that the applicant 39 knows of the availability of such services, has declined them at this 40 time and where support enforcement services pursuant to section one 41 hundred eleven-g of the social services law have been declined that the 42 applicant understands that an income deduction order may be issued 43 pursuant to subdivision (c) of section fifty-two hundred forty-two of 44 the civil practice law and rules without other child support enforcement 45 services and that payment of an administrative fee may be required. The 46 court shall provide a copy of any such request for child support 47 enforcement services to the support collection unit of the appropriate 48 social services district any time it directs payments to be made to such 49 support collection unit. Additionally, the copy of any such request 50 shall be accompanied by the name, address and social security number of 51 the parties; the date and place of the parties' marriage; the name and 52 date of birth of the child or children; and the name and address of the 53 employers and income payors of the party from whom child support is 54 sought or from the party ordered to pay child support to the other 55 party. Such direction may require the payment of a sum or sums of money 56 either directly to the custodial parent or to third persons for goods or A. 6715--A 14 1 services furnished for such child, or for both payments to the custodial 2 parent and to such third persons; provided, however, that unless the 3 party seeking or receiving child support has applied for or is receiving 4 such services, the court shall not direct such payments to be made to 5 the support collection unit, as established in section one hundred 6 eleven-h of the social services law. Every order directing the payment 7 of support shall require that if either parent currently, or at any time 8 in the future, has health insurance benefits available that may be 9 extended or obtained to cover the child, such parent is required to 10 exercise the option of additional coverage in favor of such child and 11 execute and deliver to such person any forms, notices, documents or 12 instruments necessary to assure timely payment of any health insurance 13 claims for such child. 14 S 13. This act shall take effect on the one hundred eightieth day 15 after it shall have become a law.