A07189 Summary:

BILL NO    A07189A

SAME AS    SAME AS S02094-A

SPONSOR    Rozic (MS)

COSPNSR    Clark, Cook, Crespo, Moya, Rivera, Roberts, Rodriguez, Ryan,
           Scarborough, Weprin, Rosa, Aubry, Miller, Lavine, Fahy, Colton,
           Robinson, Lupardo, Mayer, Benedetto, Kellner, Rosenthal, Gantt

MLTSPNSR   Arroyo, Brennan, 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.
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A07189 Actions:

BILL NO    A07189A

05/07/2013 referred to judiciary
05/23/2013 amend (t) and recommit to judiciary
05/23/2013 print number 7189a
01/08/2014 referred to judiciary
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A07189 Memo:

BILL NUMBER:A7189A       REVISED MEMO 05/31/2013

TITLE OF BILL:  An act to amend the domestic relations law, in
relation to the standing of certain relatives in custody and
guardianship proceedings

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 second degree
of consanguinity as suitable for emergency placement of a child, if
the court makes a finding of extraordinary circumstances.  Also
extends the definition of "extraordinary circumstances" to include a
period of less than 24 months during which time the child resided for
at least six months continually with the parent, grandparent, or
relative.

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: A 10218A (N.Rivera) - Judiciary

FISCAL IMPLICATIONS TO THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.
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A07189 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7189--A

                              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, ROSA, AUBRY, MILLER,
         LAVINE, FAHY, COLTON, ROBINSON --  Multi-Sponsored  by  --  M.  of  A.
         ARROYO,   BRENNAN,   ESPINAL,   GABRYSZAK,  GIBSON,  HEASTIE,  HOOPER,
         KAVANAGH, MARKEY, MONTESANO,  MOSLEY,  PEOPLES-STOKES,  PERRY,  RAMOS,
         SEPULVEDA, SIMOTAS, SKARTADOS, TITONE, TITUS -- read once and referred
         to  the  Committee on Judiciary -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee

       AN ACT to amend the domestic relations law, in relation to the  standing
         of certain relatives in custody and guardianship proceedings

         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 SECOND 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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03868-02-3
       A. 7189--A                          2

    1  such  child.  An extended disruption of custody, as such term is defined
    2  in this section, shall constitute an extraordinary circumstance.
    3    (b)  For the purposes of this section "extended disruption of custody"
    4  shall include, but not be limited to,  a  prolonged  separation  of  the
    5  respondent  parent  and  the  child  for at least twenty-four continuous
    6  months, during which TIME the parent voluntarily relinquished  care  and
    7  control of the child and the child resided in the household of the peti-
    8  tioner  grandparent  [or],  grandparents OR RELATIVE, provided, however,
    9  that the court may find that extraordinary  circumstances  exist  should
   10  the  prolonged  separation  have lasted for less than twenty-four months
   11  AND PROVIDED THAT WHERE  THE  PARENT  PROVES  BY  PREPONDERANCE  OF  THE
   12  EVIDENCE  THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST THE
   13  PARENT CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE  COURT
   14  SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST.
   15    (c)  Nothing  in  this  section  shall limit the ability of parties to
   16  enter  into  consensual  custody  agreements  absent  the  existence  of
   17  extraordinary circumstances.
   18    S 2. This act shall take effect immediately.
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