Bill Text: NY S06116 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to procedures for destitute children; relates to kinship guardian assistance payments; clarifies that the court may appoint an attorney for the child in article 10-B proceedings; provides a new definition of "destitute child" to include a child who is in a state of want or suffering, does not fit with the definition of an abused or neglected child under FCA article 10 and is without any parent or caretaker available to sufficiently care for such child due to certain conditions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-18 - SUBSTITUTED BY A8694A [S06116 Detail]
Download: New_York-2011-S06116-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6116--A
Cal. No. 14
I N S E N A T E
(PREFILED)
January 4, 2012
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
reported favorably from said committee and committed to the Committee
on Rules -- ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the family court act, the social services law, a chapter
of the laws of 2011 amending the family court act and the social
services law relating to procedures for destitute children in the
family court, as proposed in legislative bills numbers A.7836-A and
S.5694-A and a chapter of the laws of 2011 amending the social
services law relating to kinship guardian assistance payments, as
proposed in legislative bills numbers A.8339 and S.5745, in relation
to destitute children; and to repeal paragraph (i) of subdivision 6 of
section 398 of the social services law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (a) of section 249 of the family court act, as
2 amended by a chapter of the laws of 2011 amending the family court act
3 and the social services law relating to procedures for destitute chil-
4 dren in the family court, as proposed in legislative bills numbers
5 A.7836-A and S.5694-A, is amended to read as follows:
6 (a) In a proceeding under article three, seven, ten, ten-A[, ten-B] or
7 ten-C of this act or where a revocation of an adoption consent is
8 opposed under section one hundred fifteen-b of the domestic relations
9 law or in any proceeding under section three hundred fifty-eight-a,
10 three hundred eighty-three-c, three hundred eighty-four or three hundred
11 eighty-four-b of the social services law or when a minor is sought to be
12 placed in protective custody under section one hundred fifty-eight of
13 this act or in any proceeding where a minor is detained under or
14 governed by the interstate compact for juveniles established pursuant to
15 section five hundred one-e of the executive law, the family court shall
16 appoint an attorney to represent a minor who is the subject of the
17 proceeding or who is sought to be placed in protective custody, if inde-
18 pendent legal representation is not available to such minor. In any
19 proceeding to extend or continue the placement of a juvenile delinquent
20 or person in need of supervision pursuant to section seven hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13121-08-2
S. 6116--A 2
1 fifty-six or 353.3 of this act or any proceeding to extend or continue a
2 commitment to the custody of the commissioner of mental health or the
3 commissioner of people with developmental disabilities pursuant to
4 section 322.2 of this act, the court shall not permit the respondent to
5 waive the right to be represented by counsel chosen by the respondent,
6 respondent's parent, or other person legally responsible for the
7 respondent's care, or by assigned counsel. IN ANY PROCEEDING UNDER
8 ARTICLE TEN-B OF THIS ACT, THE FAMILY COURT SHALL APPOINT AN ATTORNEY TO
9 REPRESENT A YOUTH, UNDER THE AGE OF TWENTY-ONE, WHO IS THE SUBJECT OF
10 THE PROCEEDING, IF INDEPENDENT LEGAL REPRESENTATION IS NOT AVAILABLE TO
11 SUCH YOUTH. In any other proceeding in which the court has jurisdiction,
12 the court may appoint an attorney to represent the child, when, in the
13 opinion of the family court judge, such representation will serve the
14 purposes of this act, if independent legal counsel is not available to
15 the child. The family court on its own motion may make such appointment.
16 S 2. Paragraph (i) of subdivision (a) of section 262 of the family
17 court act, as amended by a chapter of the laws of 2011 amending the
18 family court act and the social services law relating to procedures for
19 destitute children in the family court, as proposed in legislative bills
20 numbers A.7836-A and S.5694-A, is amended to read as follows:
21 (i) the respondent in any proceeding under article ten[, article] OR
22 ten-A [or article ten-C] of this act and the petitioner in any proceed-
23 ing under part eight of article ten of this act;
24 S 3. Paragraph (iv) of subdivision (a) of section 262 of the family
25 court act, as amended by a chapter of the laws of 2011 amending the
26 family court act and the social services law relating to procedures for
27 destitute children in the family court, as proposed in legislative bills
28 numbers A.7836-A and S.5694-A, is amended to read as follows:
29 (iv) the parent or [other] person legally responsible, foster parent,
30 or other person having physical or legal custody of the child in any
31 proceeding under article ten[,] OR ten-A[, ten-B or ten-C] of this act
32 or section three hundred fifty-eight-a, three hundred eighty-four or
33 three hundred eighty-four-b of the social services law, and a non-custo-
34 dial parent or grandparent served with notice pursuant to paragraph (e)
35 of subdivision two of section three hundred eighty-four-a of the social
36 services law;
37 S 4. Subdivision (a) of section 262 of the family court act is amended
38 by adding a new paragraph (ix) to read as follows:
39 (IX) IN A PROCEEDING UNDER ARTICLE TEN-C OF THIS ACT:
40 (1) A PARENT OR CARETAKER AS SUCH TERMS ARE DEFINED IN SECTION ONE
41 THOUSAND NINETY-TWO OF THIS ACT;
42 (2) AN INTERESTED ADULT AS SUCH TERM IS DEFINED IN SECTION ONE THOU-
43 SAND NINETY-TWO OF THIS ACT PROVIDED THAT:
44 (A) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
45 TO ARTICLE TEN-C OF THIS ACT WAS REMOVED FROM THE CARE OF SUCH INTER-
46 ESTED ADULT;
47 (B) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
48 TO ARTICLE TEN-C OF THIS ACT RESIDES WITH THE INTERESTED ADULT; OR
49 (C) THE CHILD ALLEGED TO BE DESTITUTE IN THE PROCEEDING HELD PURSUANT
50 TO ARTICLE TEN-C OF THIS ACT RESIDED WITH SUCH INTERESTED ADULT IMME-
51 DIATELY PRIOR TO THE FILING OF THE PETITION UNDER ARTICLE TEN-C OF THIS
52 ACT;
53 (3) ANY INTERESTED ADULT AS SUCH TERM IS DEFINED IN SECTION ONE THOU-
54 SAND NINETY-TWO OF THIS ACT OR ANY PERSON MADE A PARTY TO THE ARTICLE
55 TEN-C PROCEEDING PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND
56 NINETY-FOUR OF THIS ACT FOR WHOM THE COURT ORDERS COUNSEL APPOINTED
S. 6116--A 3
1 PURSUANT TO SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-FOUR OF THIS
2 ACT.
3 S 5. Subdivision (f) of section 1055 of the family court act, as
4 amended by section 18 of part A of chapter 3 of the laws of 2005 and as
5 relettered by chapter 437 of the laws of 2006, is amended to read as
6 follows:
7 (f) If a child is placed in the custody of the local commissioner of
8 social services or other officer, board or department authorized to
9 receive children as public charges, such person shall provide for such
10 child as [in the case of a destitute child or as otherwise] authorized
11 by law, INCLUDING, BUT NOT LIMITED TO SECTION THREE HUNDRED NINETY-EIGHT
12 OF THE SOCIAL SERVICES LAW.
13 S 6. Subdivision (a) of section 1092 of the family court act, as added
14 by a chapter of the laws of 2011 amending the family court act and the
15 social services law relating to procedures for destitute children in the
16 family court, as proposed in legislative bills numbers A.7836-A and
17 S.5694-A, is amended to read as follows:
18 (a) "destitute child" shall mean a child UNDER THE AGE OF EIGHTEEN who
19 is [not subject to article ten of this act, is without a parent or
20 person legally responsible to sufficiently care for him or her, and is]
21 in a state of want or suffering due to lack of sufficient food, cloth-
22 ing, shelter, or medical or surgical care AND:
23 (1) DOES NOT FIT WITHIN THE DEFINITION OF AN "ABUSED CHILD" OR A
24 "NEGLECTED CHILD" AS SUCH TERMS ARE DEFINED IN SECTION ONE THOUSAND
25 TWELVE OF THIS ACT; AND
26 (2) IS WITHOUT ANY PARENT OR CARETAKER AVAILABLE TO SUFFICIENTLY CARE
27 FOR HIM OR HER, DUE TO:
28 (I) THE DEATH OF A PARENT OR CARETAKER; OR
29 (II) THE INCAPACITY OR DEBILITATION OF A PARENT OR CARETAKER, WHERE
30 SUCH INCAPACITY OR DEBILITATION WOULD PREVENT SUCH PARENT OR CARETAKER
31 FROM BEING ABLE TO KNOWINGLY AND VOLUNTARILY ENTER INTO A WRITTEN AGREE-
32 MENT TO TRANSFER THE CARE AND CUSTODY OF SAID CHILD PURSUANT TO SECTION
33 THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
34 SERVICES LAW; OR
35 (III) THE INABILITY OF THE COMMISSIONER OF SOCIAL SERVICES TO LOCATE
36 ANY PARENT OR CARETAKER, AFTER MAKING REASONABLE EFFORTS TO DO SO; OR
37 (IV) A PARENT OR CARETAKER BEING PHYSICALLY LOCATED OUTSIDE OF THE
38 STATE OF NEW YORK AND THE COMMISSIONER OF SOCIAL SERVICES IS OR HAS BEEN
39 UNABLE TO RETURN THE CHILD TO SUCH PARENT OR CARETAKER WHILE OR AFTER
40 MAKING REASONABLE EFFORTS TO DO SO, UNLESS THE LACK OF SUCH EFFORTS IS
41 OR WAS APPROPRIATE UNDER THE CIRCUMSTANCES.
42 S 7. Subdivision (c) of section 1092 of the family court act, as added
43 by a chapter of the laws of 2011 amending the family court act and the
44 social services law relating to procedures for destitute children in the
45 family court, as proposed in legislative bills numbers A.7836-A and
46 S.5694-A, is amended to read as follows:
47 (c) "[person legally responsible] CARETAKER" shall mean [the custodian
48 or guardian of the destitute child or any other adult responsible for
49 the care of such child at the relevant time] A PERSON OR PERSONS, OTHER
50 THAN A PARENT OF A CHILD ALLEGED OR ADJUDICATED TO BE A DESTITUTE CHILD
51 PURSUANT TO THIS ARTICLE, WHO POSSESSES A VALID, CURRENT COURT ORDER
52 PROVIDING HIM OR HER WITH TEMPORARY OR PERMANENT GUARDIANSHIP OR TEMPO-
53 RARY OR PERMANENT CUSTODY OF SAID CHILD.
54 S 8. Section 1092 of the family court act, as added by a chapter of
55 the laws of 2011 amending the family court act and the social services
56 law relating to procedures for destitute children in the family court,
S. 6116--A 4
1 as proposed in legislative bills numbers A.7836-A and S.5694-A, is
2 amended by adding a new subdivision (f) to read as follows:
3 (F) "INTERESTED ADULT" SHALL MEAN A PERSON OR PERSONS OVER THE AGE OF
4 EIGHTEEN, OTHER THAN A PARENT OR CARETAKER, WHO, AT THE RELEVANT TIME
5 RESIDED WITH AND HAD RESPONSIBILITY FOR THE DAY-TO-DAY CARE OF A CHILD
6 ALLEGED OR ADJUDICATED TO BE DESTITUTE.
7 S 9. Subdivisions (a) and (b) of section 1093 of the family court act,
8 as added by a chapter of the laws of 2011 amending the family court act
9 and the social services law relating to procedures for destitute chil-
10 dren in the family court, as proposed in legislative bills numbers
11 A.7836-A and S.5694-A, are amended to read as follows:
12 (a) Filing of the petition. [A] ONLY A commissioner of social services
13 may originate a proceeding under this article. A PROCEEDING UNDER THIS
14 ARTICLE MAY BE ORIGINATED by THE filing OF a petition alleging that the
15 child is a destitute child as defined by section one thousand ninety-two
16 of this article. A commissioner of social services, who accepts the care
17 and custody of a child appearing to be a destitute child, shall PROVIDE
18 FOR SUCH CHILD AS AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED TO
19 SECTION THREE HUNDRED NINETY-EIGHT OF THE SOCIAL SERVICES LAW, AND SHALL
20 file a petition pursuant to this section within fourteen days upon
21 accepting the care and custody of such child.
22 (b) Venue. A petition under this article shall be filed in the family
23 court located in the county where the child resides or is [domiciled or
24 where the department of social services is located] FOUND; PROVIDED
25 HOWEVER, THAT UPON THE MOTION OF ANY PARTY OR THE ATTORNEY FOR THE
26 CHILD, THE COURT MAY TRANSFER A PETITION FILED UNDER THIS ARTICLE TO A
27 COUNTY THE COURT DEEMS TO BE MORE APPROPRIATE UNDER THE CIRCUMSTANCES,
28 INCLUDING, BUT NOT LIMITED TO, A COUNTY LOCATED WITHIN A JURISDICTION
29 WHERE THE CHILD IS DOMICILED OR HAS ANOTHER SIGNIFICANT NEXUS.
30 S 10. Paragraphs 1 and 2 of subdivision (c) of section 1093 of the
31 family court act, as added by a chapter of the laws of 2011 amending the
32 family court act and the social services law relating to procedures for
33 destitute children in the family court, as proposed in legislative bills
34 numbers A.7836-A and S.5694-A, are amended to read as follows:
35 (1) The petition shall allege upon information and belief:
36 (i) the manner, date and circumstance under which the child became
37 known to the petitioner;
38 (ii) the child's date of birth, IF KNOWN;
39 (iii) that the child is a destitute child as defined in subdivision
40 (a) of section one thousand ninety-two of this article and the basis for
41 the allegation;
42 (iv) the identity of the parent or parents of the child in question,
43 IF KNOWN;
44 (v) whether the parent or parents of the child are living or deceased,
45 IF KNOWN;
46 (vi) the whereabouts and last known address for the parent or parents,
47 IF KNOWN;
48 (vii) THE IDENTITY OF A CARETAKER OR INTERESTED ADULT, IF KNOWN;
49 (VIII) the efforts, if any, which were made prior to the filing of the
50 petition to prevent any removal of the child from the home and if such
51 efforts were not made, the reasons such efforts were not made; and
52 [(viii) if the child had been removed from home prior to the filing of
53 the petition,]
54 (IX) the efforts, if any, which were made prior to the filing of the
55 petition to allow the child to return OR REMAIN safely home, and if such
56 efforts were not made, the reasons such efforts were not made.
S. 6116--A 5
1 (2) [Unless the parent or parents are deceased, the] THE petition
2 shall contain a notice in conspicuous print providing that if the child
3 remains in foster care for fifteen of the most recent twenty-two months,
4 the agency may be required by law to file a petition to terminate
5 parental rights.
6 S 11. Subdivision (d) of section 1093 of the family court act, as
7 added by a chapter of the laws of 2011 amending the family court act and
8 the social services law relating to procedures for destitute children in
9 the family court, as proposed in legislative bills numbers A.7836-A and
10 S.5694-A, is amended to read as follows:
11 (d) Service of summons. (1) Upon the filing of a petition under this
12 article, if a living parent [or person legally responsible for the
13 child], CARETAKER OR INTERESTED ADULT is identified in the petition, the
14 court shall cause a copy of the petition and a summons to be issued the
15 same day the petition is filed, requiring such parent [or person legally
16 responsible for the child], CARETAKER OR INTERESTED ADULT to appear in
17 court on the return date to answer the petition. IF THE COURT DEEMS A
18 PERSON A PARTY TO THE PROCEEDING PURSUANT TO SUBDIVISION (C) OF SECTION
19 ONE THOUSAND NINETY-FOUR OF THIS ARTICLE AND IF SUCH PERSON IS NOT
20 BEFORE THE COURT, THE COURT SHALL CAUSE A COPY OF THE PETITION AND A
21 SUMMONS REQUIRING SUCH PERSON TO APPEAR IN COURT ON THE RETURN DATE BE
22 SERVED ON SUCH PERSON.
23 (2) Service of a summons and petition under this article shall be made
24 by delivery of a true copy thereof to the person summoned at least twen-
25 ty-four hours before the time stated therein for appearance.
26 (3) The court may send process without the state in the same manner
27 and with the same effect as process sent within the state in the exer-
28 cise of personal jurisdiction over any person subject to the jurisdic-
29 tion of the court under section three hundred one or three hundred two
30 of the civil practice law and rules, notwithstanding that such person is
31 not a resident or domiciliary of the state. Where service is effected
32 OUTSIDE OF THE STATE OF NEW YORK on [an out-of-state respondent and the
33 respondent] A PARENT, CARETAKER, INTERESTED ADULT OR PERSON MADE A PARTY
34 TO THE PROCEEDING PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND
35 NINETY-FOUR OF THIS ARTICLE AND SUCH PERSON defaults by failing to
36 appear to answer the petition, the court may on its own motion, or upon
37 application of any party or the attorney for the child proceed to a
38 hearing pursuant to section one thousand ninety-five of this article.
39 (4) If after reasonable effort, personal service is not made, the
40 court may at any stage in the proceedings make an order providing for
41 substituted service in the manner provided for substituted service in
42 civil process in courts of record.
43 S 12. Paragraph 1 of subdivision (a) of section 1094 of the family
44 court act, as added by a chapter of the laws of 2011 amending the family
45 court act and the social services law relating to procedures for desti-
46 tute children in the family court, as proposed in legislative bills
47 numbers A.7836-A and S.5694-A, is amended to read as follows:
48 (1) appoint an attorney to represent the child IN ACCORDANCE WITH
49 SECTION TWO HUNDRED FORTY-NINE OF THIS ACT, and[, if entering an appear-
50 ance at the initial appearance or thereafter, the parent or parents or
51 other person or persons legally responsible;] APPOINT AN ATTORNEY TO
52 REPRESENT A PARENT, CARETAKER OR INTERESTED ADULT IN ACCORDANCE WITH
53 PARAGRAPH (IX) OF SUBDIVISION (A) OF SECTION TWO HUNDRED SIXTY-TWO OF
54 THIS ACT, IF HE OR SHE IS FINANCIALLY UNABLE TO OBTAIN COUNSEL;
55 S 13. Subparagraphs (i) and (ii) of paragraph 2 of subdivision (a) of
56 section 1094 of the family court act, as added by a chapter of the laws
S. 6116--A 6
1 of 2011 amending the family court act and the social services law relat-
2 ing to procedures for destitute children in the family court, as
3 proposed in legislative bills numbers A.7836-A and S.5694-A, are amended
4 to read as follows:
5 (i) if [a] ANY parent [or parents or other person or persons legally
6 responsible], CARETAKER OR INTERESTED ADULT enters an appearance, deter-
7 mine whether the child may safely remain in OR RETURN TO his or her [or
8 their] home and, if appropriate, order services to assist the family
9 toward that end; PROVIDED HOWEVER, THAT SUCH ORDER SHALL NOT INCLUDE THE
10 PROVISION OF ANY SERVICE OR ASSISTANCE TO THE CHILD AND HIS OR HER FAMI-
11 LY WHICH IS NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT TO
12 THE COMPREHENSIVE ANNUAL SERVICES PROGRAM PLAN THEN IN EFFECT;
13 (ii) determine whether [removal] TEMPORARY CARE is necessary to avoid
14 [imminent] risk to the child's life or health and whether it would be
15 contrary to the welfare of the child to continue in, OR RETURN TO his or
16 her own home, and, if so, whether the child should be placed in the
17 temporary care and custody of a relative or other suitable person or in
18 the temporary care and custody of the commissioner of social services;
19 S 14. Clause (A) of subparagraph (iii) of paragraph 2 of subdivision
20 (a) of section 1094 of the family court act, as added by a chapter of
21 the laws of 2011 amending the family court act and the social services
22 law relating to procedures for destitute children in the family court,
23 as proposed in legislative bills numbers A.7836-A and S.5694-A, is
24 amended to read as follows:
25 (A) direct the petitioner to investigate whether there are any parents
26 [or other persons legally responsible], CARETAKERS OR INTERESTED ADULTS
27 not named in the petition or any other relatives or other suitable
28 persons with whom the child may safely reside and, if so, direct the
29 child to reside temporarily in their care; and
30 S 15. Paragraph 4 of subdivision (a) of section 1094 of the family
31 court act, as added by a chapter of the laws of 2011 amending the family
32 court act and the social services law relating to procedures for desti-
33 tute children in the family court, as proposed in legislative bills
34 numbers A.7836-A and S.5694-A, is amended to read as follows:
35 (4) determine whether reasonable efforts were made prior to the place-
36 ment of the child into foster care to prevent or eliminate the need for
37 removal of the child from his or her home, and if such efforts were not
38 made whether the lack of such efforts were appropriate under the circum-
39 stances; determine, where appropriate, if reasonable efforts were made
40 to make it possible for the child to REMAIN IN OR return safely home;
41 and
42 S 16. Subdivision (b) of section 1094 of the family court act, as
43 added by a chapter of the laws of 2011 amending the family court act and
44 the social services law relating to procedures for destitute children in
45 the family court, as proposed in legislative bills numbers A. 7836-A and
46 S. 5694-A, is amended to read as follows:
47 (b) [Unless there has been a hearing under subdivision (a) of this
48 section at which the parent or parents and child's attorney appeared,
49 the] (1) ANY parent [or parents of the child] OR CARETAKER, OR INTER-
50 ESTED ADULT FROM WHOSE CARE THE CHILD HAS BEEN REMOVED, or the child's
51 attorney may request a hearing to determine whether a child who has been
52 removed from his or her home should be returned and, if so, whether
53 services should be ordered to facilitate such return; PROVIDED HOWEVER,
54 THAT SUCH ORDER SHALL NOT INCLUDE THE PROVISION OF ANY SERVICE OR
55 ASSISTANCE TO THE CHILD AND HIS OR HER FAMILY WHICH IS NOT AUTHORIZED OR
56 REQUIRED TO BE MADE AVAILABLE PURSUANT TO THE COMPREHENSIVE ANNUAL
S. 6116--A 7
1 SERVICES PROGRAM PLAN THEN IN EFFECT. Except for good cause shown, the
2 hearing shall be held within three court days of the request and shall
3 not be adjourned. The court shall grant the application for return of
4 the child unless it finds that the return presents an imminent risk to
5 the child's life or health. If imminent risk to the child is found, the
6 court may make orders in accordance with paragraph two of subdivision
7 (a) of this section, including, but not limited to, directions for
8 investigations of relatives or other suitable persons with whom the
9 child may safely reside.
10 (2) IN DETERMINING WHETHER TEMPORARY REMOVAL OF THE CHILD IS NECESSARY
11 TO AVOID IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH, THE COURT SHALL
12 CONSIDER AND DETERMINE IN ITS ORDER WHETHER CONTINUATION IN THE CHILD'S
13 HOME WOULD BE CONTRARY TO THE BEST INTERESTS OF THE CHILD AND WHERE
14 APPROPRIATE, WHETHER REASONABLE EFFORTS WERE MADE PRIOR TO THE DATE OF
15 THE HEARING TO PREVENT OR ELIMINATE THE NEED FOR REMOVAL OF THE CHILD
16 FROM THE HOME AND WHERE APPROPRIATE, WHETHER REASONABLE EFFORTS WERE
17 MADE AFTER REMOVAL OF THE CHILD TO MAKE IT POSSIBLE FOR THE CHILD TO
18 SAFELY RETURN HOME.
19 (3) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO PREVENT OR
20 ELIMINATE THE NEED FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE
21 BUT THAT THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER THE CIRCUM-
22 STANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING AND THE BASIS FOR
23 SUCH FINDING.
24 (4) IF THE COURT DETERMINES THAT REASONABLE EFFORTS TO ALLOW A CHILD
25 TO SAFELY RETURN HOME WERE NOT MADE SUBSEQUENT TO THE REMOVAL OF THE
26 CHILD BUT THAT THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER THE
27 CIRCUMSTANCES, THE COURT ORDER SHALL INCLUDE SUCH A FINDING AND THE
28 BASIS FOR SUCH FINDING.
29 S 17. Section 1094 of the family court act, as added by a chapter of
30 the laws of 2011 amending the family court act and the social services
31 law relating to procedures for destitute children in the family court,
32 as proposed in legislative bills numbers A.7836-A and S.5694-A, is
33 amended by adding two new subdivisions (c) and (d) to read as follows:
34 (C) (1) THE COURT MAY UPON ITS OWN MOTION OR THE MOTION OF ANY PERSON,
35 DEEM A PERSON NOT NAMED IN THE PETITION WHO HAS A SIGNIFICANT CONNECTION
36 TO THE CHILD ALLEGED TO BE DESTITUTE, A PARTY TO THE PROCEEDING, IF SUCH
37 PERSON CONSENTS TO BEING ADDED AS A PARTY, AND SUCH ACTION IS APPROPRI-
38 ATE UNDER THE CIRCUMSTANCES.
39 (2) IF THE COURT DEEMS A PERSON A PARTY PURSUANT TO PARAGRAPH (I) OF
40 THIS SUBDIVISION AND SUCH PERSON IS NOT BEFORE THE COURT, THE COURT
41 SHALL CAUSE A COPY OF THE PETITION AND A SUMMONS REQUIRING SUCH PERSON
42 TO APPEAR IN COURT ON THE RETURN DATE BE SERVED ON SUCH PERSON IN
43 ACCORDANCE WITH SUBDIVISION (D) OF SECTION ONE THOUSAND NINETY-THREE OF
44 THIS ARTICLE.
45 (D) THE COURT MAY, IF IT DEEMS APPROPRIATE, APPOINT COUNSEL FOR AN
46 INTERESTED ADULT OR ANOTHER PERSON NAMED AS A PARTY TO THE PROCEEDING
47 PURSUANT TO SUBDIVISION (C) OF THIS SECTION, IF SUCH ADULT OR PERSON IS
48 FINANCIALLY UNABLE TO OBTAIN COUNSEL.
49 S 18. Subdivision (a) of section 1095 of the family court act as added
50 by a chapter of the laws of 2011 amending the family court act and the
51 social services law relating to procedures for destitute children in the
52 family court, as proposed in legislative bills numbers A.7836-A and
53 S.5694-A, is amended to read as follows:
54 (a) No fact finding hearing may commence under this article unless the
55 court enters a finding[:
S. 6116--A 8
1 (1)] that [the parent or parents or other person or persons legally
2 responsible for the child's care is or] ALL PARTIES are present at the
3 hearing and [has or] have been served with a copy of the petition[; or
4 (2)], PROVIDED HOWEVER, THAT if [the parent or parents or other person
5 or persons legally responsible for the care of the child] ANY PARTY is
6 or are living but are not present, that THE COURT MAY PROCEED IF every
7 reasonable effort has been made to effect service under subdivision (d)
8 of section one thousand ninety-three of this article.
9 S 19. Subdivisions (b), (c), (d), (e), (f) and (g) of section 1095 of
10 the family court act, as added by a chapter of the laws of 2011 amending
11 the family court act and the social services law relating to procedures
12 for destitute children in the family court, as proposed in legislative
13 bills numbers A.7836-A and S.5694-A, are amended to read as follows:
14 (b) The court shall sustain the petition and make a finding that a
15 child is destitute if, based upon a preponderance of competent, material
16 and relevant evidence presented, the court finds that the child meets
17 the definition of a destitute child as described in subdivision (a) of
18 section one thousand ninety-two of this article. IF THE PROOF DOES NOT
19 CONFORM TO THE SPECIFIC ALLEGATIONS OF THE PETITION, THE COURT MAY AMEND
20 THE ALLEGATIONS TO CONFORM TO THE PROOF IF NO PARTY OBJECTS TO SUCH
21 CONFORMATION.
22 (c) If the court finds that the child does not meet such definition of
23 a destitute child or that the aid of the court is not required, the
24 court shall dismiss the petition, AND IF APPLICABLE, RETURN A CHILD WHO
25 WAS PLACED IN THE TEMPORARY CARE OF THE COMMISSIONER OF SOCIAL SERVICES
26 TO ANY PARENT, CARETAKER OR INTERESTED ADULT; provided, however, that if
27 the court finds that the child may be in need of protection under arti-
28 cle ten of this act, the court may request the commissioner of social
29 services to conduct a child protective investigation in accordance with
30 subdivision one of section one thousand thirty-four of this act. The
31 court shall state the grounds for any finding under this subdivision.
32 (d) If the court sustains the petition pursuant to subdivision (b) of
33 this section, it may immediately convene a dispositional hearing or may
34 adjourn the proceeding for further inquiries to be made prior to dispo-
35 sition PROVIDED HOWEVER, THAT IF A PETITION PURSUANT TO ARTICLE SIX OF
36 THIS ACT HAS BEEN FILED BY A PERSON OR PERSONS SEEKING CUSTODY OR GUAR-
37 DIANSHIP OF THE CHILD, OR IF A PETITION PURSUANT TO ARTICLE SEVENTEEN OF
38 THE SURROGATE'S COURT PROCEDURE ACT SEEKING GUARDIANSHIP OF THE CHILD
39 HAS BEEN FILED, THE COURT SHALL CONSOLIDATE THE DISPOSITIONAL HEARING
40 WITH A HEARING UNDER SECTION ONE THOUSAND NINETY-SIX OF THIS ARTICLE,
41 UNLESS CONSOLIDATION WOULD NOT BE APPROPRIATE UNDER THE CIRCUMSTANCES.
42 IF THE COURT DOES NOT CONSOLIDATE SUCH DISPOSITIONAL PROCEEDINGS IT
43 SHALL HOLD THE DISPOSITIONAL HEARING UNDER THIS SECTION IN ABEYANCE
44 PENDING THE DISPOSITION OF THE PETITION FILED PURSUANT TO ARTICLE SIX OF
45 THIS ACT OR ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT.
46 Based upon material and relevant evidence presented at the dispositional
47 hearing, the court shall enter an order of disposition stating the
48 grounds for its order and directing one of the following alternatives:
49 (1) [releasing the child to his or her parent or parents or other
50 person or persons legally responsible;
51 (2)] placing the child in the care and custody of the commissioner of
52 social services;
53 [(3) placing the child in the care and custody of relatives or suit-
54 able persons;] or
55 [(4)] (2) granting an order of custody or guardianship to relatives or
56 suitable persons pursuant to a petition under article six of this act OR
S. 6116--A 9
1 GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE
2 SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT and in accordance with
3 [the findings required by section one thousand fifty-five-b of this act]
4 SECTION ONE THOUSAND NINETY-SIX OF THIS ARTICLE.
5 (e) If the child has been placed pursuant to [paragraphs two or three]
6 PARAGRAPH ONE of subdivision (d) of this section, the court shall
7 include the following in its order:
8 (1) a date certain for the permanency hearing in accordance with para-
9 graph two of subdivision (a) of section one thousand eighty-nine of this
10 [article] ACT;
11 (2) [unless the child's parent or parents are deceased,] a description
12 of the plan for the child to visit with his or her parent or parents
13 unless contrary to the child's best interests;
14 (3) a direction that the child be placed together with or, at minimum,
15 to visit and have regular communication with, his or her siblings, if
16 any, unless contrary to the best interests of the child and/or the
17 siblings;
18 (4) [unless the child's parent or parents are deceased,] a direction
19 that the child's parent or parents be notified of any planning confer-
20 ences to be held pursuant to subdivision three of section four hundred
21 nine-e of the social services law, of their right to attend such confer-
22 ences and to have counsel or another representative or companion with
23 them;
24 (5) if the child is or will be fourteen or older by the date of the
25 permanency hearing, the services and assistance that may be necessary to
26 assist the child in learning independent living skills; and
27 (6) [unless the child's parent or parents are deceased,] a notice
28 that, if the child remains in foster care for fifteen of the most recent
29 twenty-two months, the agency may be required by law to file a petition
30 to terminate parental rights.
31 (f) If the child has been placed pursuant to paragraph [two or three]
32 ONE of subdivision (d) of this section, the provisions of part eight of
33 article ten of this act shall be applicable.
34 (g) If the court makes an order pursuant to paragraph one[, two or
35 three] of subdivision (d) of this section, the court may include a
36 direction for the commissioner of social services to provide or arrange
37 for services or assistance, LIMITED TO THOSE authorized OR REQUIRED to
38 be made available under the comprehensive annual services program plan
39 then in effect, to ameliorate the conditions that formed the basis for
40 the fact-finding under this section and, if the child has been [removed
41 from home] PLACED IN THE CARE AND CUSTODY OF THE COMMISSIONER OF SOCIAL
42 SERVICES, to facilitate [return of the child] THE CHILD'S PERMANENCY
43 PLAN.
44 S 20. The family court act is amended by adding a new section 1096 to
45 read as follows:
46 S 1096. CUSTODY OR GUARDIANSHIP WITH RELATIVES OR SUITABLE PERSONS
47 PURSUANT TO ARTICLE SIX OF THIS ACT OR ARTICLE SEVENTEEN OF THE SURRO-
48 GATE'S COURT PROCEDURE ACT. (A) AT THE CONCLUSION OF A HEARING HELD
49 PURSUANT TO SECTION ONE THOUSAND NINETY-FIVE OF THIS ARTICLE, THE COURT
50 MAY ENTER AN ORDER OF DISPOSITION GRANTING CUSTODY OR GUARDIANSHIP OF
51 THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE SIX OF THIS ACT
52 OR GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER
53 ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT IF:
54 (1) THE RELATIVE OR SUITABLE PERSON HAS FILED A PETITION FOR CUSTODY
55 OR GUARDIANSHIP OF THE CHILD PURSUANT TO ARTICLE SIX OF THIS ACT OR
S. 6116--A 10
1 GUARDIANSHIP OF THE CHILD PURSUANT TO ARTICLE SEVENTEEN OF THE SURRO-
2 GATE'S COURT PROCEDURE ACT; AND
3 (2) THE COURT FINDS THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
4 TO THE RELATIVE OR SUITABLE PERSON IS IN THE BEST INTERESTS OF THE
5 CHILD; AND
6 (3) THE COURT FINDS THAT GRANTING CUSTODY OR GUARDIANSHIP OF THE CHILD
7 TO THE RELATIVE OR SUITABLE PERSON UNDER ARTICLE SIX OF THIS ACT OR
8 GUARDIANSHIP OF THE CHILD TO A RELATIVE OR SUITABLE PERSON UNDER ARTICLE
9 SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT WILL PROVIDE THE CHILD
10 WITH A SAFE AND PERMANENT HOME; AND
11 (4) ALL PARTIES TO THE DESTITUTE CHILD PROCEEDING CONSENT TO THE
12 GRANTING OF CUSTODY OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR
13 ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT; OR
14 (5) AFTER A CONSOLIDATED FACT FINDING AND DISPOSITIONAL HEARING ON THE
15 DESTITUTE CHILD PETITION AND THE PETITION UNDER ARTICLE SIX OF THIS ACT
16 OR ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT:
17 (I) IF A PARENT OR PARENTS FAIL TO CONSENT TO THE GRANTING OF CUSTODY
18 OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR GUARDIANSHIP UNDER
19 ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT, THE COURT
20 FINDS THAT EXTRAORDINARY CIRCUMSTANCES EXIST THAT SUPPORT GRANTING AN
21 ORDER OF CUSTODY OR GUARDIANSHIP UNDER ARTICLE SIX OF THIS ACT OR GUAR-
22 DIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT;
23 OR
24 (II) IF THE PARENT OR PARENTS CONSENT AND A PARTY OTHER THAN A PARENT
25 FAILS TO CONSENT TO THE GRANTING OF CUSTODY OR GUARDIANSHIP UNDER ARTI-
26 CLE SIX OF THIS ACT OR GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE
27 SURROGATE'S COURT PROCEDURE ACT, THE COURT FINDS THAT GRANTING CUSTODY
28 OR GUARDIANSHIP OF THE CHILD TO THE RELATIVE OR SUITABLE PERSON IS IN
29 THE BEST INTERESTS OF THE CHILD.
30 (B) AN ORDER MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
31 SHALL SET FORTH THE REQUIRED FINDINGS AS DESCRIBED IN SUBDIVISION (A) OF
32 THIS SECTION AND SHALL CONSTITUTE THE FINAL DISPOSITION OF THE DESTITUTE
33 CHILD PROCEEDING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COURT
34 SHALL NOT ISSUE AN ORDER OF SUPERVISION NOR MAY THE COURT REQUIRE THE
35 LOCAL DEPARTMENT OF SOCIAL SERVICES TO PROVIDE SERVICES TO THE PARENT,
36 PARENTS, CARETAKER OR INTERESTED ADULT WHEN GRANTING CUSTODY OR GUARDI-
37 ANSHIP PURSUANT TO ARTICLE SIX OF THIS ACT OR GUARDIANSHIP UNDER ARTICLE
38 SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT UNDER THIS SECTION.
39 (C) AS PART OF THE ORDER GRANTING CUSTODY OR GUARDIANSHIP PURSUANT TO
40 ARTICLE SIX OF THIS ACT OR GUARDIANSHIP PURSUANT TO ARTICLE SEVENTEEN OF
41 THE SURROGATE'S COURT PROCEDURE ACT, THE COURT MAY REQUIRE THAT THE
42 LOCAL DEPARTMENT OF SOCIAL SERVICES AND THE ATTORNEY FOR THE CHILD
43 RECEIVE NOTICE OF AND BE MADE PARTIES TO ANY SUBSEQUENT PROCEEDING TO
44 MODIFY SUCH ORDER OF CUSTODY OR GUARDIANSHIP.
45 (D) AN ORDER ENTERED IN ACCORDANCE WITH THIS SECTION SHALL CONCLUDE
46 THE COURT'S JURISDICTION OVER THE PROCEEDING HELD PURSUANT TO THIS ARTI-
47 CLE AND THE COURT SHALL NOT MAINTAIN JURISDICTION OVER THE PARTIES FOR
48 THE PURPOSES OF PERMANENCY HEARINGS HELD PURSUANT TO ARTICLE TEN-A OF
49 THIS ACT.
50 S 21. Subdivision 3 of section 371 of the social services law, as
51 amended by chapter 722 of the laws of 1978, paragraph (d) as amended and
52 paragraph (e) as added by chapter 342 of the laws of 2010, is amended to
53 read as follows:
54 3. "Destitute child" means [a child who, through no neglect on the
55 part of its parent, guardian or custodian, is]:
56 (a) [destitute or homeless, or
S. 6116--A 11
1 (b)] A CHILD UNDER THE AGE OF EIGHTEEN WHO IS in a state of want or
2 suffering due to lack of sufficient food, clothing, [or] shelter, or
3 medical or surgical care[, or]; AND:
4 (I) DOES NOT FIT WITHIN THE DEFINITION OF AN "ABUSED CHILD" OR A
5 "NEGLECTED CHILD" AS SUCH TERMS ARE DEFINED IN SECTION ONE THOUSAND
6 TWELVE OF THE FAMILY COURT ACT; AND
7 (II) IS WITHOUT ANY PARENT OR CARETAKER AS SUCH TERM IS DEFINED IN
8 SECTION ONE THOUSAND NINETY-TWO OF THE FAMILY COURT ACT, AVAILABLE TO
9 SUFFICIENTLY CARE FOR HIM OR HER, DUE TO:
10 (A) THE DEATH OF A PARENT OR CARETAKER; OR
11 (B) THE INCAPACITY OR DEBILITATION OF A PARENT OR CARETAKER, WHERE
12 SUCH INCAPACITY OR DEBILITATION WOULD PREVENT SUCH PARENT OR CARETAKER
13 FROM BEING ABLE TO KNOWINGLY AND VOLUNTARILY ENTER INTO A WRITTEN AGREE-
14 MENT TO TRANSFER THE CARE AND CUSTODY OF SAID CHILD PURSUANT TO SECTION
15 THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL
16 SERVICES LAW; OR
17 (C) THE INABILITY OF THE LOCAL SOCIAL SERVICES DISTRICT TO LOCATE ANY
18 PARENT OR CARETAKER, AFTER MAKING REASONABLE EFFORTS TO DO SO; OR
19 (D) THE PARENT OR CARETAKER BEING PHYSICALLY LOCATED OUTSIDE OF THE
20 STATE OF NEW YORK AND THE LOCAL SOCIAL SERVICES DISTRICT IS OR HAS BEEN
21 UNABLE TO RETURN SAID CHILD TO SUCH PARENT OR CARETAKER WHILE OR AFTER
22 MAKING REASONABLE EFFORTS TO DO SO, UNLESS THE LACK OF SUCH EFFORTS IS
23 OR WAS APPROPRIATE UNDER THE CIRCUMSTANCES;
24 [(c)] (B) a [person] CHILD WHO IS under the age of eighteen years [who
25 is] AND absent from his OR HER legal residence without the consent of
26 his OR HER parent, legal guardian or custodian[,]; or
27 [(d)] (C) a [person] CHILD under the age of eighteen who is without a
28 place of shelter where supervision and care are available[,] WHO IS NOT
29 OTHERWISE COVERED UNDER PARAGRAPH (A) OF THIS SUBDIVISION; or
30 [(e)] (D) A PERSON WHO IS a former foster care youth under the age of
31 twenty-one who was previously placed in the care and custody or custody
32 and guardianship of the local commissioner of social services or other
33 officer, board or department authorized to receive children as public
34 charges, and who was discharged from foster care due to a failure to
35 consent to continuation in placement, who has returned to foster care
36 pursuant to section one thousand ninety-one of the family court act.
37 S 22. Paragraph (c) of subdivision 3 of section 384-b of the social
38 services law, as amended by chapter 41 of the laws of 2010, is amended
39 to read as follows:
40 (c) Where a child was placed or continued in foster care pursuant to
41 article ten [or], ten-A OR TEN-C of the family court act or section
42 three hundred fifty-eight-a of this chapter, a proceeding under this
43 section shall be originated in the family court in the county in which
44 the proceeding pursuant to article ten [or], ten-A OR TEN-C of the fami-
45 ly court act or section three hundred fifty-eight-a of this chapter was
46 last heard and shall be assigned, wherever practicable, to the judge who
47 last heard such proceeding. Where multiple proceedings are commenced
48 under this section concerning a child and one or more siblings or half-
49 siblings of such child, placed or continued in foster care with the same
50 commissioner pursuant to section one thousand fifty-five [or], one thou-
51 sand eighty-nine OR ONE THOUSAND NINETY-FIVE of the family court act,
52 all of such proceedings may be commenced jointly in the family court in
53 any county which last heard a proceeding under article ten [or], ten-A
54 OR TEN-C of the family court act regarding any of the children who are
55 the subjects of the proceedings under this section. In such instances,
56 the case shall be assigned, wherever practicable, to the judge who last
S. 6116--A 12
1 presided over such proceeding. In any other case, a proceeding under
2 this section, including a proceeding brought in the surrogate's court,
3 shall be originated in the county where either of the parents of the
4 child reside at the time of the filing of the petition, if known, or, if
5 such residence is not known, in the county in which the authorized agen-
6 cy has an office for the regular conduct of business or in which the
7 child resides at the time of the initiation of the proceeding. To the
8 extent possible, the court shall, when appointing an attorney for the
9 child, appoint an attorney who has previously represented the child.
10 S 23. Subdivision 1 of section 398 of the social services law, as
11 amended by a chapter of the laws of 2011 amending the family court act
12 and the social services law relating to procedures for destitute chil-
13 dren in the family court, as proposed in legislative bills numbers
14 A.7836-A and S.5694-A, is amended to read as follows:
15 1. As to destitute children: [Assume charge of and provide care and
16 support for any destitute child who cannot be properly cared for in his
17 or her home, and if it is necessary for the commissioner to take custody
18 of the child, file a petition pursuant to section one thousand ninety-
19 three of the family court act]
20 (A) OFFER PREVENTIVE SERVICES IN ACCORDANCE WITH SECTION FOUR HUNDRED
21 NINE-A OF THIS ARTICLE WHEN NECESSARY TO AVERT AN IMPAIRMENT OR
22 DISRUPTION OF A FAMILY WHICH COULD RESULT IN THE PLACEMENT OF THE CHILD
23 IN FOSTER CARE;
24 (B) REPORT TO THE LOCAL CRIMINAL JUSTICE AGENCY AND TO THE STATEWIDE
25 CENTRAL REGISTER FOR MISSING CHILDREN AS DESCRIBED IN SECTION EIGHT
26 HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW SUCH RELEVANT INFORMATION AS
27 REQUIRED ON A FORM PRESCRIBED BY THE COMMISSIONER OF THE DIVISION OF
28 CRIMINAL JUSTICE SERVICES, IN APPROPRIATE INSTANCES; AND
29 (C) ASSUME CHARGE OF AND PROVIDE CARE AND SUPPORT FOR ANY CHILD WHO IS
30 A DESTITUTE CHILD PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
31 SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE WHO CANNOT BE PROPERLY
32 CARED FOR IN HIS OR HER HOME, AND IF REQUIRED, PETITION THE FAMILY COURT
33 TO OBTAIN CUSTODY OF THE CHILD IN ACCORDANCE WITH ARTICLE TEN-C OF THE
34 FAMILY COURT ACT.
35 S 24. Subparagraph 1 of paragraph (g) of subdivision 6 of section 398
36 of the social services law, as amended by chapter 169 of the laws of
37 1994, is amended to read as follows:
38 (1) Place children IN ITS CARE AND CUSTODY OR ITS CUSTODY AND GUARDI-
39 ANSHIP, in suitable instances, in family homes, agency boarding homes
40 [or], group homes or institutions under the proper safeguards[,]. SUCH
41 PLACEMENTS CAN BE MADE either directly, or through an authorized agency,
42 except that, direct placements in agency boarding homes or group homes
43 may be made by the social services [official] DISTRICT only if the
44 [department shall have] OFFICE OF CHILDREN AND FAMILY SERVICES HAS
45 authorized [him or her] THE DISTRICT to operate such homes in accordance
46 with the provisions of section three hundred seventy-four-b of this
47 chapter and only if suitable care is not otherwise available through an
48 authorized agency under the control of persons of the same religious
49 faith as the child. Where such [official] DISTRICT places a child in an
50 agency boarding home, group home or institution, either directly, or
51 through an authorized agency, the [official] DISTRICT shall certify in
52 writing to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES, that
53 such placement was made because it offers the most appropriate and least
54 restrictive level of care FOR THE CHILD, and, is more appropriate than a
55 family foster home placement, or, that such placement is necessary
56 because there are no qualified foster families available [to] WITHIN the
S. 6116--A 13
1 district WHO CAN CARE FOR THE CHILD. If [the number of] placements in
2 agency boarding homes, group homes or institutions [because] ARE THE
3 RESULT of a lack of foster parents [so warrants in any] WITHIN A PARTIC-
4 ULAR district, the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
5 shall assist such district to recruit and train foster parents. Place-
6 ments shall be made only in institutions [located in this state or in
7 such institutions located in an adjoining state as are maintained by a
8 corporation organized under the laws of this state and having authority
9 to maintain an institution for the care of children. However, all place-
10 ments shall be made in institutions] visited, inspected and supervised
11 in accordance with title three of article seven of this chapter and
12 conducted in conformity with the applicable regulations of the supervis-
13 ing state agency in accordance with title three of article seven of this
14 chapter. With the approval of the [department] OFFICE OF CHILDREN AND
15 FAMILY SERVICES, a social services district may place a child in its
16 care and custody or its custody and guardianship in a federally funded
17 job corps program and may receive reimbursement for the approved costs
18 of appropriate program administration and supervision pursuant to a plan
19 developed by the department and approved by the director of the budget.
20 S 25. Paragraph (i) of subdivision 6 of section 398 of the social
21 services law is REPEALED.
22 S 26. Section 398-e of the social services law, as amended by chapter
23 584 of the laws of 2008, is amended to read as follows:
24 S 398-e. Eligibility for protective services, FOSTER CARE SERVICES,
25 and residential services for victims of domestic violence. An alien,
26 including a non-qualified alien, as determined by applicable federal
27 statute and regulation, is eligible for protective services for adults
28 and children, FOSTER CARE SERVICES, and residential services for victims
29 of domestic violence, to the extent such person is otherwise eligible
30 pursuant to this chapter and the regulations of the office of children
31 and family services and the office of temporary and disability assist-
32 ance.
33 S 27. Section 12 of a chapter of the laws of 2011 amending the family
34 court act and the social services law relating to procedures for desti-
35 tute children in the family court, as proposed in legislative bills
36 numbers A.7836-A and S.5694-A, is amended to read as follows:
37 S 12. This act shall take effect immediately; provided, however, that
38 [local commissioners of social services shall file petitions under this
39 act within ninety days of such effective date for any destitute child in
40 their care and custody on such effective date; and]:
41 (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS ACT SHALL TAKE
42 EFFECT UPON THE APPROVAL BY THE UNITED STATES DEPARTMENT OF HEALTH AND
43 HUMAN SERVICES, ADMINISTRATION FOR CHILDREN, YOUTH AND FAMILIES OF A
44 TITLE IV-E STATE PLAN AMENDMENT TO ADD DESTITUTE CHILDREN, SUBMITTED BY
45 THE OFFICE OF CHILDREN AND FAMILY SERVICES;
46 (B) PROVIDED THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
47 NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF
48 THE SUBMISSION AND APPROVAL SET FORTH IN THIS SECTION IN ORDER THAT THE
49 COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATA BASE OF
50 THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF
51 EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLATIVE LAW AND
52 SECTION 70-B OF THE PUBLIC OFFICERS LAW;
53 (C) provided further, that the amendments to subdivision (a) of
54 section 249 of the family court act made by section two of this act
55 shall survive the expiration and reversion of such subdivision as
56 provided in section 8 of chapter 29 of the laws of 2011, as amended.
S. 6116--A 14
1 S 28. Section 3 of a chapter of the laws of 2011 amending the social
2 services law relating to kinship guardian assistance payments as
3 proposed in legislative bills numbers A.8339 and S.5745, is amended to
4 read as follows:
5 S 3. This act shall take effect immediately[; provided that sections
6 one and two of this act shall take effect on the same date and in the
7 same manner as a chapter of the laws of 2011, amending the family court
8 act and the social services law relating to procedures for destitute
9 children in the family court as proposed in legislative bill number
10 A.7836A takes effect; provided however if section 4 of part F of chapter
11 58 of the laws of 2010 shall not have taken effect on or before legisla-
12 tive bill number A.7836A takes effect, then sections one and two of this
13 act shall take effect on the same date and in the same manner as such
14 chapter of the laws of 2010 takes effect; and]:
15 (A) PROVIDED THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SECTIONS
16 ONE AND TWO OF THIS ACT SHALL TAKE EFFECT UPON THE APPROVAL BY THE
17 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ADMINISTRATION
18 FOR CHILDREN, YOUTH AND FAMILIES OF A TITLE IV-E STATE PLAN AMENDMENT TO
19 ADD DESTITUTE CHILDREN, SUBMITTED BY THE OFFICE OF CHILDREN AND FAMILY
20 SERVICES;
21 (B) PROVIDED THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
22 NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF
23 THE SUBMISSION AND APPROVAL SET FORTH IN THIS SECTION AND WHETHER IN
24 ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE
25 DATE BASE OF THE OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN
26 FURTHERANCE OF EFFECTUATING THE PROVISIONS OF SECTION 44 OF THE LEGISLA-
27 TIVE LAW AND SECTION 70-B OF THE PUBLIC OFFICERS LAW;
28 (C) provided[,] further, that effective immediately, the addition,
29 amendment and/or repeal of any rule or regulation necessary for the
30 implementation of this act on its effective date are authorized and
31 directed to be made and completed on or before such effective date.
32 S 29. This act shall take effect immediately provided that:
33 (a) notwithstanding any provision of law to the contrary sections one
34 through twenty-six of this act shall take effect upon the approval by
35 the United States Department of Health and Human Services, Adminis-
36 tration for Children, Youth and Families of a title IV-E state plan
37 amendment to add destitute children, submitted by the office of children
38 and family services, the office of children and family services shall
39 notify the legislative bill drafting commission upon the occurrence of
40 the submission and approval set forth in this section in order that the
41 commission may maintain an accurate and timely effective data base of
42 the official text of the laws of the state of New York in furtherance of
43 effectuating the provisions of section 44 of the legislative law and
44 section 70-b of the public officers law;
45 (b) effective immediately, the addition, amendment and/or repeal of
46 any rule or regulation necessary for the implementation of this act on
47 its effective date are authorized and directed to be made and completed
48 on or before such effective date; and
49 (c) the amendments to subdivision (a) of section 249 of the family
50 court act made by section one of this act shall survive the expiration
51 and reversion of such subdivision as provided in section 8 of chapter 29
52 of the laws of 2011, as amended.
