NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6715A
SPONSOR: Weinstein TITLE OF BILL: 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
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.
Recent years have witnessed a sea-change in attitudes and policies
concerning the role of non-respondent parents in child abuse and neglect
proceedings under Article 10 of the Family Court Act: viz., recognition
that the other parents - those not charged in child protective
proceedings - may, along with their extended families, provide vital
resources for their children. While child protective officials once
ignored or discouraged non-respondent parents from participating in
child protective proceedings concerning their children, those officials,
inspired by substantial statutory changes during the past decade, now
reach out to such parents to engage them in planning for their chil-
dren's care. While in the past, this category was often an absent
parent who had little relationship with the children, more recently, in
light of cases, such as Nicholson v. Scoppetta, 3 N.Y.3d 357 (2004),
non-respondent parents frequently include custodial and other parents,
who are involved in their children's lives but are not deemed culpable
in their neglect or abuse.
As a statute drafted before these changes in attitude and policy, Arti-
cle 10, not surprisingly, contains gaps and anomalies with respect to
the treatment of non-respondent parents. This measure seeks to rectify
some of the more obvious among them with respect to non-respondent
parents and to enable their greater participation in abuse or neglect
proceedings, as well as permanency hearings, concerning their children.
This measure also expands the options available to Family Court judges
to enable them to craft appropriate orders respecting the rights of
non-respondent parents while assuring the safety and well being of chil-
dren who are the subjects of the proceedings.
First, this measure would add definitions of "parent," "relative" and
"suitable person" to Family Court Act § 1012. The definition of "parent"
clarifies the range of persons who may assert a parent's superior rights
to care and custody of a child under State and Federal law. See, e.g.,
Bennett v. Jeffreys, 40 N.Y.2d 543 (1976) (state may not deprive parent
of custody of child absent extraordinary circumstances); Prince v.
Massachusetts, 321 U.S. 158 (1944) ("It is cardinal with us that the
custody, care and nurture of the child reside first in the parents . . .
").
Second, Family Court Act § 1017 would be amended to clarify that certain
additional individuals should be identified, located and notified in
writing of the pendency of child protective proceedings, although they
do not have the rights of legal parents under State law. Analogous to
the definition of "notice" fathers in Domestic Relations Law §§
111-a(2)(f) and (h), this category would include persons who are listed
on the putative father registry, have a pending paternity petition, or
have been identified by the child's parent in a written sworn statement.
To ensure uniformity in the information provided to those persons enti-
tled to notice, this measure provides that the content of the notice
will be set by a uniform statewide court rule.
Inclusion of these clarifications would establish a structure in Article
10 consistent with the framework applicable to adoption proceedings
under the Domestic Relations Law, but expanded to be gender-neutral. A
"parent" under this measure would be analogous to a "consent" father,
whose consent is required for an adoption, and an additional individual
identified would be analogous to a "notice" father, who merely has a
right to be heard as to the child's best interests. See Domestic
Relations Law §§ 111, 111-a. By doing so, it also would expand the scope
of potential resources for children who have been removed from their
homes, and provide an opportunity for non-respondent, non-adjudicated
birth fathers to take necessary steps to establish their paternity and
plan for their children. Significantly, the measure requires the local
social services department investigating possible resources for the
child to report the results of the investigations to the court and all
parties, including the attorney for the child.
The measure further defines "relative" as a person who is related to the
child by blood, marriage or adoption, but who is not the child's. This
distinction between "parents" and "relatives" is significant as the
rights of each to the care and custody of children are not identical
under Article 10 of the Family Court Act. Likewise, the measure includes
"suitable person" in the definition section, since such an individual
has rights distinct from those of parents, relatives and possible, but
not adjudicated, parents.
The measure clarifies the language of Family Court Act § 1017 by refer-
ring specifically to "non-respondent parent, relative or suitable
person" as potential resources a court may consider after determining
that a child must be removed from his or her home. These resources may
be utilized either through temporary, direct releases under section
1017(2)(a)(ii) or through temporary orders of Family Court Act Article 6
custody or (in the case of relatives or suitable persons) guardianship
under Family Court Act § 1017(2)(a)(i). In all such cases, as in custody
petitions under Article six, the court must review the orders of
protection and sex offender registries, as well as child protective
petitions and Family Court warrants regarding any such resources. Simi-
lar alternatives are provided for direct releases and Family Court Act
Article 6 custody at the final dispositional stage of the Article 10
proceeding.
Moreover, section 1017(3) would be amended to require that, where a
child is temporarily released to a non-respondent parent or temporarily
placed in the care of a relative or suitable person, the caretaker must
submit to the court's jurisdiction with respect to cooperation in meet-
ing the needs of the child. Such temporary order may require such
person, inter alia, to make the child available for court-ordered visi-
tation with parents, siblings or others, as well as for appointments
with and visits by the caseworker and for appointments with the child's
attorney and clinicians and programs providing services to the child.
The measure requires the court order of release or care under Article 10
to specify the terms of such cooperation, as well as any actions that
the social services agency must take. The order may also require cooper-
ation regarding appointments with, and visits by, caseworkers, including
visits in the home and in-person contact with the child protective agen-
cy, social services official or duly authorized person. The measure thus
strikes a proper balance between intervention to ensure the child's
well-being and respect for the non-respondent parent's or other caretak-
er's interests in minimal interference in their everyday child-rearing
decisions, a delicate balance that has been held to be of constitutional
magnitude.*
Third, this measure contains several amendments to sections of Article
10 of the Family Court Act relating to preliminary orders. It would
amend section 1022-a to clarify that a non-respondent parent who quali-
fies for assignment of counsel under section 262 is eligible for such
assignment, unless waived, at pre-petition hearings held pursuant to
section 1022. Section 1027(d) would be amended to provide that a court
may release a child to his or her parent or other person legally respon-
sible for his or her care pending a final order of disposition. It
further deletes the reference to section 1054 as the source of the
court's authority to do this, since that section only addresses disposi-
tional orders, and instead substitutes a reference to section 1017,
which pertains as well to pre-dispositional orders. Additionally, with
the aim of facilitating the participation of non-respondent parents in
proceedings regarding their children, section 1035 would be modified to
require that notices of pendency of child protective proceedings that
are sent to non-respondent parents also must advise them that they have
a right to counsel, including assigned counsel, if they are indigent,
unless waived. See Matter of Sasha S., 256 A.D.2d 468 (2nd De pt., 1998)
(required notice to non-respondent father of the right to counsel,
including the right to appointment of counsel if he is indigent).
Fourth, the measure reorganizes the dispositional options available with
respect to releases of children and supervision of respondent parents.
Sections 1052(a)(ii) and 1054 are revised to cover solely the release of
children to persons who are not respondents in the child protective
proceeding, including parents, legal custodians or guardians. Such
orders of release, in contrast to orders of custody under Article 6 of
the Family Court Act, are time-limited, that is, up to one year, which
may be extended for one additional year for good cause. This time-limit-
ed period of release to a non-respondent parent is intended to give the
respondent parent an opportunity to complete a program or take steps to
meet the conditions necessary for reunification with the child. Unless
otherwise ordered by the court, the agency would be required to submit a
report no later than 90 days after issuance of the order and 60 days
prior to its expiration. Again, striking an appropriate constitutional
balance,** the caretaker would be required to submit to the jurisdiction
of the court to the same limited extent as in orders of temporary
release under proposed section 1017. An order releasing a child may,
therefore, require the caretaker to cooperate in making the child avail-
able, inter alia, for court-ordered visitation with parents, siblings or
others, for appointments with and visits by the caseworker and for
appointments with the child's attorney and clinicians and programs
providing services to the child. The order may also require cooperation
regarding appointments with, and visits by, caseworkers, including
visits in the home and in-person contact with the child protective agen-
cy, social services official or duly authorized agency.
In conjunction with release of a child to a non-respondent parent, Fami-
ly Court may, as under current law, order supervision of the respondent
under a revised and expanded Family Court Act § 1057. Like the release
of the child, the supervision of the respondent parent may be for an
initial period of one year but may be extended upon good cause for one
additional year. Since Family Court Act § 1015-a applies to any phase of
a child protective proceeding, the court also may order services to be
provided to the respondent. This measure would thus address the situ-
ation where the child's interests would best be served by residing with
a non-respondent parent for a time-limited period while the respondent
parent receives services that would promote the child's eventual return
to that parent. If during the period of the dispositional order, the
respondent parent successfully completes the services or programs
ordered, the court may, if appropriate, utilize Family Court Act § 1061
to modify the order releasing the child to the non-respondent parent to
provide for an earlier date for return of the child to the respondent
parent.
Sections 1052(a)(v) and 1057 of the Family Court Act would be amended to
cover two dispositional options, which may be ordered singly or togeth-
er. A child may be released to a respondent for a time-limited period of
up to one year, which may be extended for good cause for one more year.
A report would be required no later than 90 days after issuance of the
order and 60 days prior to its expiration, unless dispensed with by the
Family Court. Additionally, in conjunction either with such a release
or, as noted, with release of the child to a non-respondent parent,
placement of the child or issuance of an order of protection, the
respondent may be placed under the supervision of the child protective
agency, social services official or authorized agency. Such supervision
also would be time-limited - up to one year, with an extension for one
additional year for good cause - and, unless dispensed with, a report
would be required no later than 90 days after issuance of the order and
60 days prior to its expiration.
Finally, the measure amends section 1055-b to clarify the procedures
applicable when petitions for custody or guardianship are brought in
conjunction with or are pending at the same time as a child protective
proceeding. It would resolve a serious inconsistency between sections
1055-b and 1017. Section 1017(2)(a)(i) currently provides that when a
court determines that a child may reside with a suitable non-respondent
parent, it may "grant an order of custody or guardianship to such non-
respondent parent . . . pursuant to section one thousand fifty-five-b."
However, as currently drafted, section 1055-b only pertains to
"(c)ustody or guardianship with relatives or suitable persons pursuant
to Article 6 of (the Family Court Act)" and does not mention non-respon-
dent parents; nor does it specify the standard by which to determine
respondent or non-respondents parents' requests for custody in this
context.
The measure thus would insert respondent parents into the list of
persons who may be granted Article 6 custody pursuant to section 1055-b,
add two additional subdivisions regarding custody to non-respondent
parents pursuant to Article 6 and incorporate these alternatives into
the dispositional options delineated in Family Court Act § 1052. It
further makes clear that if a third party, i.e., someone other than the
child's parents, contests the custody petition of a respondent parent,
the court must grant the order of custody to the parents in the absence
of a showing of extraordinary circumstances pursuant to Bennett v.
Jeffreys, supra. Similar amendments are made to analogous provisions of
the permanency hearing statute (Family Court Act § 1089-a). Finally,
Family Court Act § 651 and Domestic Relations Law § 240 are amended to
underscore that custody standards apply in cases where custody and visi-
tation petitions brought under these sections are heard jointly with
child protective dispositional or permanency hearings in Family Court.
Questions regarding the rights of, and procedures applicable to, non-
respondent parents in child protective and related proceedings have
persisted in light of lingering ambiguities in the applicable statutes.
Enactment of this measure will provide a clear road-map that will afford
needed clarity to this increasingly important aspect of child welfare
cases.
This measure, which would have no fiscal impact upon the State, would
take effect on the one hundred eightieth day after it shall have become
a law.
2015 LEGISLATIVE HISTORY:
Senate 5018 (Sen. Felder) (ref to Children and Families)
Assembly 6715 (M. of A. Weinstein) (advanced to 3rd Rdg., Cal. 431)
2013-14 LEGISLATIVE HISTORY:
Senate 5203-A (Sen. Felder) (ref to Children and Families)
Assembly 7623 (M. of A. Weinstein) (Passed)
*In Matter of Damian D.; Clinton County Dept. of Social Services v.
Travis D., -A.D.3d-, 2015 N.Y. Slip Op. 00265 (3rd Dept., Jan. 8,
2015),the Appellate Division, Third Department, held that requiring a
non-respondent parent's visits with her two children to be supervised,
in effect modifying a custody order without a full and fair opportunity
to be heard, violated her due process. Additionally, in Doe v. Matting-
ly, 2006 WL 3498564 (E.D.N.Y., 2006)(Unpub.), the Federal District Court
required a court order, absent an emergency, as a prerequisite to a
caseworker entering the home of a non-respondent parent and conducting a
body search of the baby in her care. Significantly, the Supreme Court
of Michigan, in In Re Sanders, 495 Mich. 294, 852 N.W.2d 524 (Sup.Ct.,
MI, 2014) recently struck down as an unconstitutional violation of due
process its "one-parent" rule whereby if one parent is found to have
neglected or abused a child, both parents would automatically be subject
to the court's jurisdiction. The Court reversed restrictions imposed
upon a non-offending parent absent a showing of unfitness.
**See note 17, supra.
STATE OF NEW YORK
________________________________________________________________________
6715--A
Cal. No. 431
2015-2016 Regular Sessions
IN ASSEMBLY
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 § 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 § 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 non-
54 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 13. This act shall take effect on the one hundred eightieth day
15 after it shall have become a law.
