BILL NO A07189
SAME AS SAME AS S02094
SPONSOR Rozic (MS)
COSPNSR Barron, Clark, Cook, Crespo, Moya, Rivera, Roberts, Rodriguez, Ryan,
Scarborough, Weprin, Rosa, Aubry, Miller, Lavine, Fahy, Colton,
Robinson
MLTSPNSR Arroyo, Brennan, Espinal, Gabryszak, Gibson, Heastie, Hooper,
Kavanagh, Markey, Montesano, Mosley, Peoples-Stokes, Perry, Ramos,
Sepulveda, Simotas, Skartados, Titone, Titus
Amd S72, Dom Rel L
Relates to the notification of certain relatives prior to the placement of
children.
BILL NUMBER:A7189
TITLE OF BILL: An act to amend the domestic relations law, in
relation to the notification of certain relatives prior to the
placement of children
PURPOSE:
Reduce the burden of the foster care system and increase the options
for the placement of foster children to stay within their family.
SUMMARY OF PROVISIONS:
Section I of the bill amends subdivision 2 of section 72 of the
domestic relations law, to include a relative within the third degree
of consanguinity or through marriage or adoption suitable for
emergency placement of a child, if the court makes a finding of
extraordinary circumstances.
Section II of the bill sets forth the effective date.
JUSTIFICATION:
Too often in our current system,children are placed in foster care
even though there may be relatives whose homes are available for
placement and where the child can receive a safe and nurturing
environment. Last year, the Council on Children and Families released
data from the Annie E. Casey Foundation on the number of children
nationwide living with a family member other than their parent. The
study found that nationwide approximately 2.7 million children are
taken care of by a non-parent. In New York State, the study found that
153,000 children are in the care of a non-parent relative. This bill
would help increase the options for placement in a manner that allows
families to remain intact while reducing further trauma for children
placed in the foster care system. In addition, it will allow relatives
the necessary legal authority to access basic medical care, give
medical consent, or enroll a child for school.
PRIOR LEGISLATIVE HISTORY:
2012: A10218A (N. Rivera) - Judiciary
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
7189
2013-2014 Regular Sessions
I N A S S E M B L Y
May 7, 2013
___________
Introduced by M. of A. ROZIC, BARRON, CLARK, COOK, CRESPO, MOYA, RIVERA,
ROBERTS, RODRIGUEZ, RYAN, SCARBOROUGH, WEPRIN -- Multi-Sponsored by --
M. of A. ARROYO, AUBRY, ESPINAL, GIBSON, HEASTIE, HOOPER, KAVANAGH,
MONTESANO, PEOPLES-STOKES, PERRY, RAMOS, SIMOTAS, TITUS -- read once
and referred to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to the notifica-
tion of certain relatives prior to the placement of children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 72 of the domestic relations law,
2 as added by chapter 657 of the laws of 2003, is amended to read as
3 follows:
4 2. (a) Where a grandparent or the grandparents of a minor child,
5 residing within this state, OR RELATIVE WHO IS RELATED TO A PARENT WITH-
6 IN THE THIRD DEGREE OF CONSANGUINITY OR THROUGH MARRIAGE OR ADOPTION,
7 RESIDING IN THIS STATE can demonstrate to the satisfaction of the court
8 the existence of extraordinary circumstances, such grandparent [or],
9 grandparents OR RELATIVE of such child may apply to the supreme court by
10 commencing a special proceeding or for a writ of habeas corpus to have
11 such child brought before such court, or may apply to family court
12 pursuant to subdivision (b) of section six hundred fifty-one OR SECTION
13 SIX HUNDRED SIXTY-ONE of the family court act; and on the return there-
14 of, the court, by order, after due notice to the parent or any other
15 person or party having the care, custody, and control of such child, to
16 be given in such manner as the court shall prescribe, may make such
17 directions as the best interests of the child may require, for custody
18 rights for such grandparent [or], grandparents OR RELATIVE in respect to
19 such child. An extended disruption of custody, as such term is defined
20 in this section, shall constitute an extraordinary circumstance.
21 (b) For the purposes of this section "extended disruption of custody"
22 shall include, but not be limited to, a prolonged separation of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03868-01-3
A. 7189 2
1 respondent parent and the child for at least twenty-four continuous
2 months, during which TIME the parent voluntarily relinquished care and
3 control of the child and the child resided in the household of the peti-
4 tioner grandparent [or], grandparents OR RELATIVE, provided, however,
5 that the court may find that extraordinary circumstances exist should
6 the prolonged separation have lasted for less than twenty-four months.
7 (c) Nothing in this section shall limit the ability of parties to
8 enter into consensual custody agreements absent the existence of
9 extraordinary circumstances.
10 S 2. This act shall take effect immediately.
