Bill Text: NY A07598 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Engrossed - Dead) 2012-02-14 - REFERRED TO CHILDREN AND FAMILIES [A07598 Detail]
Download: New_York-2011-A07598-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7598 2011-2012 Regular Sessions I N A S S E M B L Y May 10, 2011 ___________ Introduced by M. of A. PAULIN, JAFFEE, P. RIVERA -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act and the social services law, in relation to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings; and to repeal certain provisions of the family court act, in relation to technical changes thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1017 of the family court act is amended by adding a 2 new subdivision 5 to read as follows: 3 5. IN ANY CASE IN WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS 4 ARTICLE REMANDING OR PLACING A CHILD IN THE CUSTODY OF THE LOCAL SOCIAL 5 SERVICES DISTRICT, THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY 6 CHARGED WITH CUSTODY OF THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN 7 PLACEMENT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE 8 CHILD NOT LATER THAN TEN DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH 9 THE CHILD IS MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE 10 HAS BEEN PLACED OR IN WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH 11 THE CHILD; PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACE- 12 MENT ON AN EMERGENCY BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED 13 NO LATER THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS 14 BEEN MADE. EACH REPORT SHALL STATE THE ANTICIPATED DATE OF THE CHANGE, 15 THE GROUNDS FOR THE OFFICIAL'S OR AGENCY 'S CONCLUSION THAT SUCH CHANGE 16 IS IN THE BEST INTERESTS OF THE CHILD AND CONTACT INFORMATION FOR A 17 SOCIAL SERVICES OR AGENCY OFFICIAL WHO MAY BE CONTACTED FOR ADDITIONAL 18 INFORMATION. THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL 19 ALSO SUBMIT A REPORT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY 20 FOR THE CHILD OF ANY INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT 21 WHERE THE CHILD OR ANOTHER CHILD IN THE SAME HOME IS THE SUBJECT WITHIN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11075-01-1 A. 7598 2 1 FIVE DAYS OF THE INDICATION OF THE REPORT. THE OFFICIAL OR AGENCY MAY 2 PROTECT THE CONFIDENTIALITY OF IDENTIFYING OR ADDRESS INFORMATION 3 REGARDING THE FOSTER OR PROSPECTIVE ADOPTIVE PARENTS. REPORTS UNDER THIS 4 PARAGRAPH MAY BE TRANSMITTED IN WRITING, BY ELECTRONIC MEANS OR ON THE 5 RECORD DURING PROCEEDINGS IN FAMILY COURT. 6 S 2. Subparagraph (E) of paragraph (i) of subdivision (b) of section 7 1055 of the family court act, as amended by chapter 41 of the laws of 8 2010, is REPEALED. 9 S 3. Section 1055 of the family court act is amended by adding a new 10 subdivision (j) to read as follows: 11 (J) IN ANY CASE IN WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS 12 SECTION PLACING A CHILD IN THE CUSTODY OF THE COMMISSIONER OF SOCIAL 13 SERVICES, THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY CHARGED WITH 14 CUSTODY OF THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO 15 THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER 16 THAN TEN DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS 17 MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN 18 PLACED OR IN WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD; 19 PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACEMENT ON AN 20 EMERGENCY BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER 21 THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE. 22 EACH REPORT SHALL STATE THE ANTICIPATED DATE OF THE CHANGE, THE GROUNDS 23 FOR THE OFFICIAL'S OR AGENCY'S CONCLUSION THAT SUCH CHANGE IS IN THE 24 BEST INTERESTS OF THE CHILD AND CONTACT INFORMATION FOR A SOCIAL 25 SERVICES OR AGENCY OFFICIAL WHO MAY BE CONTACTED FOR ADDITIONAL INFORMA- 26 TION. THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO 27 SUBMIT A REPORT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR 28 THE CHILD OF ANY INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT WHERE 29 THE CHILD OR ANOTHER CHILD IN THE SAME HOME IS THE SUBJECT WITHIN FIVE 30 DAYS OF THE INDICATION OF THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT 31 THE CONFIDENTIALITY OF IDENTIFYING OR ADDRESS INFORMATION REGARDING THE 32 FOSTER OR PROSPECTIVE ADOPTIVE PARENTS. REPORTS UNDER THIS PARAGRAPH MAY 33 BE TRANSMITTED IN WRITING, BY ELECTRONIC MEANS OR ON THE RECORD DURING 34 PROCEEDINGS IN FAMILY COURT. 35 S 4. Subparagraph (vii) of paragraph 2 of subdivision (d) of section 36 1089 of the family court act is amended by adding a new clause (H) to 37 read as follows: 38 (H) A DIRECTION THAT THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY 39 CHARGED WITH CARE AND CUSTODY OR GUARDIANSHIP AND CUSTODY OF THE CHILD, 40 AS APPLICABLE, REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE ATTOR- 41 NEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN 42 DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS MOVED FROM 43 THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED OR IN 44 WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD; PROVIDED, 45 HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACEMENT ON AN EMERGENCY 46 BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER THAN THE 47 NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE. EACH 48 REPORT SHALL STATE THE ANTICIPATED DATE OF THE CHANGE, THE GROUNDS FOR 49 THE OFFICIAL'S OR AGENCY'S CONCLUSION THAT SUCH CHANGE IS IN THE BEST 50 INTERESTS OF THE CHILD AND CONTACT INFORMATION FOR A SOCIAL SERVICES OR 51 AGENCY OFFICIAL WHO MAY BE CONTACTED FOR ADDITIONAL INFORMATION. THE 52 SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT 53 TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD OF ANY 54 INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT WHERE THE CHILD OR 55 ANOTHER CHILD IN THE SAME HOME IS THE SUBJECT WITHIN FIVE DAYS OF THE 56 INDICATION OF THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFI- A. 7598 3 1 DENTIALITY OF IDENTIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR 2 PROSPECTIVE ADOPTIVE PARENTS. REPORTS UNDER THIS PARAGRAPH SHALL NOT BE 3 SENT TO ATTORNEYS FOR BIRTH PARENTS WHOSE PARENTAL RIGHTS HAVE BEEN 4 TERMINATED OR WHO HAVE SURRENDERED THEIR CHILD OR CHILDREN. REPORTS 5 UNDER THIS PARAGRAPH MAY BE TRANSMITTED IN WRITING, BY ELECTRONIC MEANS 6 OR ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT; AND 7 S 5. Subdivision 3 of section 358-a of the social services law is 8 amended by adding a new paragraph (g) to read as follows: 9 (G) IN ANY CASE IN WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS 10 SECTION APPROVING A FOSTER CARE PLACEMENT INSTRUMENT, THE SOCIAL 11 SERVICES OFFICIAL OR AUTHORIZED AGENCY CHARGED WITH CUSTODY OF THE CHILD 12 SHALL REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE ATTORNEYS FOR 13 THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN DAYS PRIOR 14 TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS MOVED FROM THE FOSTER 15 HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED OR IN WHICH THE 16 FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD; PROVIDED, HOWEVER, THAT 17 WHERE AN IMMEDIATE CHANGE OF PLACEMENT ON AN EMERGENCY BASIS IS 18 REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER THAN THE NEXT BUSI- 19 NESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE. EACH REPORT SHALL 20 STATE THE ANTICIPATED DATE OF THE CHANGE, THE GROUNDS FOR THE OFFICIAL'S 21 OR AGENCY'S CONCLUSION THAT SUCH CHANGE IS IN THE BEST INTERESTS OF THE 22 CHILD AND CONTACT INFORMATION FOR A SOCIAL SERVICES OR AGENCY OFFICIAL 23 WHO MAY BE CONTACTED FOR ADDITIONAL INFORMATION. THE SOCIAL SERVICES 24 OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT TO THE ATTOR- 25 NEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD OF ANY INDICATED 26 REPORT OF CHILD ABUSE OR MALTREATMENT WHERE THE CHILD OR ANOTHER CHILD 27 IN THE SAME HOME IS THE SUBJECT WITHIN FIVE DAYS OF THE INDICATION OF 28 THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDENTIALITY OF 29 IDENTIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE 30 ADOPTIVE PARENTS. REPORTS UNDER THIS PARAGRAPH MAY BE TRANSMITTED IN 31 WRITING, BY ELECTRONIC MEANS OR ON THE RECORD DURING PROCEEDINGS IN 32 FAMILY COURT. 33 S 6. This act shall take effect immediately, provided that sections 34 one, three, four and five of this act shall take effect on the sixtieth 35 day after it shall have become a law; provided, however, that section 36 two of this act shall be deemed to have taken effect on the same date as 37 section 1 of chapter 342 of the laws of 2010, took effect; and, effec- 38 tive immediately, the addition, amendment and/or repeal of any rule or 39 regulation necessary for the implementation of this act on its effective 40 date is authorized and directed to be completed on or before such effec- 41 tive date.