Bill Text: NY S05258 | 2015-2016 | General Assembly | Amended

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Bill Title: Grants children over the age of 10 in foster care the right to attend the permanency hearing for such child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-15 - SUBSTITUTED BY A7679 [S05258 Detail]

Download: New_York-2015-S05258-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5258--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 11, 2015
                                      ___________
       Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and  Families  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the family court act, in relation to permanency hearings
         for youth in foster care
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraphs  (i) and (ii) of paragraph 1 of subdivision
    2  (b) of section 1089 of the family court act, subparagraph (i) as amended
    3  by chapter 437 of the laws of 2006,  subparagraph  (ii)  as  amended  by
    4  chapter 41 of the laws of 2010, are amended and a new subparagraph (iii)
    5  is added to read as follows:
    6    (i)  the  child's  parent, including any non-respondent parent, unless
    7  the parental rights of the parent have been  terminated  or  surrendered
    8  and  any  other  person  legally responsible for the child's care at the
    9  most recent address or addresses known  to  the  local  social  services
   10  district  or  agency,  and  the  foster  parent  in whose home the child
   11  currently resides, each of whom shall be  a  party  to  the  proceeding;
   12  [and]
   13    (ii)  the  agency  supervising  the care of the child on behalf of the
   14  social services district with whom the child  was  placed,  the  child's
   15  attorney, and the attorney for the respondent parent[.]; AND
   16    (III)  IF  THE CHILD IS AGE TEN OR OLDER, THE NOTICE OF THE PERMANENCY
   17  HEARING SHALL ALSO BE PROVIDED TO THE CHILD. THE CHILD HAS A RIGHT TO BE
   18  PRESENT AT THE HEARING, EXCEPT UPON A WAIVER OF THAT RIGHT AFTER CONSUL-
   19  TATION WITH THE ATTORNEY FOR THE  CHILD.  UPON  AN  APPLICATION  BY  THE
   20  ATTORNEY  FOR  THE  CHILD, THE COURT SHALL GRANT AN ADJOURNMENT WHENEVER
   21  NECESSARY TO PROTECT THE CHILD'S RIGHT TO  MEANINGFULLY  PARTICIPATE  IN
   22  THE HEARING.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10945-04-5