A05508 Summary:

BILL NO    A05508 

SAME AS    No same as

SPONSOR    Errigo (MS)

COSPNSR    Butler, Finch, McDonough

MLTSPNSR   Calhoun

Amd SS1022, 1024, 1027, 1028, 1046, 1051, 1052 & 1055, Fam Ct Act

Makes various provisions regarding preliminary orders directing the temporary
or emergency removal of a child without court order including requiring clear
and convincing evidence that the child's life, health or welfare is in imminent
danger, or the child may be subjected to sexual abuse.

A05508 Actions:

BILL NO    A05508 

02/13/2009 referred to children and families
01/06/2010 referred to children and families

A05508 Votes:

A05508 Memo:

 BILL NUMBER : A5508

 TITLE OF BILL :  An act to amend the family court act, in relation to
preliminary orders directing the temporary removal of a child and in
relation to emergency removal of a child without court order

 PURPOSE OR GENERAL IDEA OF BILL:
To reduce the unnecessary and hasty removal of children from the home.
 SUMMARY OF SPECIFIC PROVISIONS:
This bill prohibits the removal of a child from his or her home unless
there is clear and convincing evidence that the child's life, health,
or welfare is in imminent danger, or the child may be subjected to
sexual abuse.

 JUSTIFICATION:

Presently, the grounds for the removal of a child are so vaguely
stated that children are often unnecessarily removed from a home. This
bill would prohibit the removal of a child from the home unless there
is clear and convincing evidence that either the child's life is in
danger, or that the child is subject to sexual abuse.  This more
clearly stated standard should allow for the child to remain in the
home, and to receive home-based services designed to meet the needs of
the family, thus achieving the twin goals of keeping the family unit
together and saving money due to a reduction in unnecessary foster
care placements.

 PRIOR LEGISLATIVE HISTORY:
A.6085 of 2007-2008 - Died in Children & Families A.5205 of 2005-2006
- Referred to Children & Families
A.1601 of 2003-2004
A.5287 of 2001-2002
A.1729 of 1999-2000
A.5526 of 1997-1996
A.4262 of 1995-1996
A.2715 of 1993-1994
A.7231-B of 1991-1992

 FISCAL IMPLICATIONS:
Undetermined savings due to a reduction in unnecessary foster care
placements.

 EFFECTIVE DATE:
Immediately after becoming law.