A07189 Summary:

BILL NO    A07189B

SAME AS    SAME AS S02094-B

SPONSOR    Rozic (MS)

COSPNSR    Clark, Cook, Crespo, Moya, Rivera, Roberts, Rodriguez, Ryan,
           Scarborough, Weprin, Aubry, Miller, Lavine, Fahy, Colton, Robinson,
           Lupardo, Mayer, Benedetto, Kellner, Rosenthal, Gantt, Cusick,
           Brindisi, O'Donnell, Camara, Wright, Abinanti, Pichardo

MLTSPNSR   Arroyo, Brennan, Farrell, Galef, Heastie, Hevesi, Hooper, Kavanagh,
           Lupinacci, Markey, McDonald, Montesano, Mosley, Peoples-Stokes,
           Perry, Ramos, Sepulveda, Simanowitz, Simotas, Skartados, Titone,
           Titus

Amd S72, Dom Rel L; amd S651, Fam Ct Act

Relates to standing of certain relatives in custody and guardianship
proceedings.
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A07189 Actions:

BILL NO    A07189B

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
04/29/2014 amend (t) and recommit to judiciary
04/29/2014 print number 7189b
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A07189 Memo:

BILL NUMBER:A7189B

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

PURPOSE: The purpose of this bill is to afford close relatives of
children the opportunity to petition the court for custody or
guardianship of a minor child when extraordinary circumstances exist.

SUMMARY OF PROVISIONS:

Section I of the bill amends Domestic Relations Law section 72(2)(a)
to provide certain relatives to a parent of a minor child with the
same right as the child's grandparents, which is to petition the court
for custody when an extraordinary circumstance exists. These relatives
must reside within the state and be within the second degree of
consanguinity or affinity to one of the minor child's parents.

Section I also amends Domestic Relations Law section 72(2)(b) to
provide that when a parent proves by a preponderance of the evidence
that acts of domestic violence committed against that parent
contributed to his or her relinquishment of care and control of the
minor child, the court shall find that no extraordinary circumstances
exist.

Section II of the bill amends Family Court Act section 651 (b) and (d)
to include petitions for custody of a minor child pursuant to Domestic
Relations Law section 72 made by relatives of the minor child who are
within the second degree of consanguinity or affinity to one of the
minor child's parents within the Family Court's jurisdiction and when
a relative's petition is for the custody of a minor child who has been
placed in care pursuant to Family Court Act Article 10, to require
service of the petition upon the social services official having care
and custody of such child, and the child's attorney.

Section III provides the effective date.

EXISTING LAW: Domestic Relations Law section 72(b) currently allows
the grandparents of a minor child to seek custody or guardianship of
the child when extraordinary circumstances exist.

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. At this time, the Domestic Relations Law
allows only the grandparents of a child whose parents have failed to
provide for his or her care due to extraordinary circumstances to
petition for custody of the child. This bill would expand Domestic
Relations Law section 72 to allow the close relatives of a child whose
parents have failed to provide care for his or her child due to
extraordinary circumstances to petition for custody.

Petitioning for custody of a child is an affirmative act that is being
undertaken by those who care about the child's well-being. Providing a
child's relatives with the opportunity to petition for, and be
granted, custody of the child is in the best interest of the child. A


child who resides in the home of a relative will be afforded the
opportunity to feel safe and loved, and a sense of permanence.

These children have a void in their lives from their parents' absence.
They deserve the chance to remain with and to experience life with
relatives who want to be a part of their lives and care for them.

PRIOR LEGISLATIVE HISTORY: 2012: A10218A (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--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      May 7, 2013
                                      ___________

       Introduced  by  M.  of  A.  ROZIC,  CLARK,  COOK,  CRESPO, MOYA, RIVERA,
         ROBERTS, RODRIGUEZ, RYAN, SCARBOROUGH, WEPRIN,  ROSA,  AUBRY,  MILLER,
         LAVINE,  FAHY,  COLTON,  ROBINSON, LUPARDO, MAYER, BENEDETTO, KELLNER,
         ROSENTHAL, GANTT -- Multi-Sponsored by -- M. of  A.  ARROYO,  BRENNAN,
         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 -- recommitted to  the  Committee  on  Judiciary  in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee

       AN  ACT to amend the domestic relations law and the family court act, in
         relation to the standing of certain relatives in custody and guardian-
         ship 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 AFFINITY, RESIDING IN THIS
    7  STATE can demonstrate to the satisfaction of the court the existence  of
    8  extraordinary  circumstances,  such  grandparent  [or],  grandparents OR
    9  RELATIVE of such child may apply to the supreme court  by  commencing  a
   10  special  proceeding  or  for  a writ of habeas corpus to have such child
   11  brought before such court, or may apply  to  family  court  pursuant  to
   12  subdivision  (b) of section six hundred fifty-one OR SECTION SIX HUNDRED
   13  SIXTY-ONE of the family court act; and on the return thereof, the court,
   14  by order, after due notice to the parent or any other  person  or  party

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03868-09-4
       A. 7189--B                          2

    1  having the care, custody, and control of such child, to be given in such
    2  manner  as  the  court  shall prescribe, may make such directions as the
    3  best interests of the child may require, for  custody  rights  for  such
    4  grandparent  [or], grandparents OR RELATIVE in respect to such child. An
    5  extended disruption of custody, as such term is defined in this section,
    6  shall constitute an extraordinary circumstance.
    7    (b) For the purposes of this section "extended disruption of  custody"
    8  shall  include,  but  not  be  limited to, a prolonged separation of the
    9  respondent parent and the child  for  at  least  twenty-four  continuous
   10  months,  during  which TIME the parent voluntarily relinquished care and
   11  control of the child and the child resided in the household of the peti-
   12  tioner grandparent [or], grandparents OR  RELATIVE,  provided,  however,
   13  that  the  court  may find that extraordinary circumstances exist should
   14  the prolonged separation have lasted for less  than  twenty-four  months
   15  AND  PROVIDED  THAT  WHERE  THE  PARENT  PROVES  BY PREPONDERANCE OF THE
   16  EVIDENCE THAT AN ACT OR ACTS OF DOMESTIC VIOLENCE COMMITTED AGAINST  THE
   17  PARENT  CONTRIBUTED TO THE RELINQUISHMENT OF CARE AND CONTROL, THE COURT
   18  SHALL FIND NO EXTRAORDINARY CIRCUMSTANCES EXIST.
   19    (c) Nothing in this section shall limit  the  ability  of  parties  to
   20  enter  into  consensual  custody  agreements  absent  the  existence  of
   21  extraordinary circumstances.
   22    S 2. Subdivisions (b) and (d) of section 651 of the family court  act,
   23  subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
   24  vision  (d) as amended by chapter 41 of the laws of 2010, are amended to
   25  read as follows:
   26    (b) When initiated in the family court, the family court has jurisdic-
   27  tion to determine, in accordance with subdivision  one  of  section  two
   28  hundred  forty  of  the  domestic relations law and with the same powers
   29  possessed by the supreme court in addition to  its  own  powers,  habeas
   30  corpus proceedings and proceedings brought by petition and order to show
   31  cause,  for  the  determination  of the custody or visitation of minors,
   32  including applications by a grandparent or grandparents  for  visitation
   33  or  custody  rights pursuant to section seventy-two or two hundred forty
   34  of the domestic relations law , OR BY A RELATIVE WHO  IS  RELATED  TO  A
   35  PARENT  OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY FOR
   36  CUSTODY RIGHTS PURSUANT TO SECTION SEVENTY-TWO OF THE DOMESTIC RELATIONS
   37  LAW.
   38    (d) With respect to applications by a grandparent or grandparents  for
   39  visitation  or  custody  rights, made pursuant to section seventy-two or
   40  two hundred forty of the domestic relations law, OR BY A RELATIVE WHO IS
   41  RELATED TO A PARENT OF A CHILD IN THE SECOND DEGREE OF CONSANGUINITY  OR
   42  AFFINITY  FOR  CUSTODY  RIGHTS  PURSUANT  TO  SECTION SEVENTY-TWO OF THE
   43  DOMESTIC RELATIONS LAW, with a child remanded or placed in the care of a
   44  person, official, agency or institution pursuant to  the  provisions  of
   45  article  ten  of  this  act,  the applicant, in such manner as the court
   46  shall prescribe, shall serve a copy of the application upon  the  social
   47  services official having care and custody of such child, and the child's
   48  attorney, who shall be afforded an opportunity to be heard thereon.
   49    S 3. This act shall take effect immediately.
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