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A02599 Summary:

A02599 Actions:

A02599 Floor Votes:

A02599 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2599--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2013
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, JAFFEE, SCARBOROUGH, MILLMAN, ROBERTS,
          LAVINE, ROBINSON, GALEF, TITONE, ABINANTI, HOOPER  --  Multi-Sponsored
          by -- M. of A. GABRYSZAK, GIBSON -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and  Families  --  reported  and referred to the Committee on Codes --

          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Rules -- Rules  Committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to the Committee on Rules
 
        AN  ACT  to  amend  the family court act and the social services law, in
          relation to notice of indicated  reports  of  child  maltreatment  and
          changes  of  placement  in  child protective and voluntary foster care
          placement and review proceedings; and to repeal certain provisions  of
          the family court act, in relation to technical changes thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1017 of the family court act is amended by adding a
     2  new subdivision 5 to read as follows:

     3    5. In any case in which an order has  been  issued  pursuant  to  this
     4  article  remanding or placing a child in the custody of the local social
     5  services district, the social services  official  or  authorized  agency
     6  charged  with  custody or care of the child shall report any anticipated
     7  change in placement to the attorneys for the parties  and  the  attorney
     8  for  the  child not later than ten days prior to such change in any case
     9  in which the child is moved from the foster home or program  into  which
    10  he  or  she  has  been placed or in which the foster parents move out of
    11  state with the child; provided, however, that where an immediate  change
    12  of  placement  on  an  emergency  basis is required, the report shall be

    13  transmitted no later than the next business day  after  such  change  in
    14  placement  has  been  made.   The social services official or authorized
    15  agency shall also submit a report to the attorneys for the  parties  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03045-07-3
        A. 2599--B                          2
 
     1  the  attorney  for  the  child  or  include in the report of a change in
     2  placement any indicated report of child abuse or maltreatment where  the
     3  child  or another child in the same home is the subject within five days

     4  of  the indication of the report. The official or agency may protect the
     5  confidentiality of identifying  or  address  information  regarding  the
     6  foster  or  prospective  adoptive parents.   Reports regarding indicated
     7  reports of child abuse or maltreatment provided pursuant to this  subdi-
     8  vision  shall  include a statement advising recipients that the informa-
     9  tion in such report of child abuse or maltreatment shall be kept  confi-
    10  dential,  shall  be used only in connection with a proceeding under this
    11  article or related proceedings under this act and may not be redisclosed
    12  except as necessary for such proceeding or proceedings and as authorized
    13  by law.  Reports under this paragraph may be transmitted, including, but

    14  not limited to, by electronic means or on the record during  proceedings
    15  in family court.
    16    §  2.  Subparagraph (E) of paragraph (i) of subdivision (b) of section
    17  1055 of the family court act, as amended by chapter 41 of  the  laws  of
    18  2010, is REPEALED.
    19    §  3.  Section 1055 of the family court act is amended by adding a new
    20  subdivision (j) to read as follows:
    21    (j) In any case in which an order has been  issued  pursuant  to  this
    22  section  placing  a  child in the custody or care of the commissioner of
    23  social services, the  social  services  official  or  authorized  agency
    24  charged with custody of the child shall report any anticipated change in
    25  placement  to  the  attorneys  for  the parties and the attorney for the

    26  child not later than ten days prior to such change in any case in  which
    27  the  child is moved from the foster home or program into which he or she
    28  has been placed or in which the foster parents move out  of  state  with
    29  the  child;  provided, however, that where an immediate change of place-
    30  ment on an emergency basis is required, the report shall be  transmitted
    31  no  later  than the next business day after such change in placement has
    32  been made.  The social services official or authorized agency shall also
    33  submit a report to the attorneys for the parties and  the  attorney  for
    34  the  child  or  include in the report of a change in placement any indi-
    35  cated report of child abuse or maltreatment where the child  or  another

    36  child in the same home is the subject within five days of the indication
    37  of the report. The official or agency may protect the confidentiality of
    38  identifying  or  address information regarding the foster or prospective
    39  adoptive parents.  Reports regarding indicated reports of child abuse or
    40  maltreatment provided pursuant  to  this  subdivision  shall  include  a
    41  statement  advising  recipients  that  the information in such report of
    42  child abuse or maltreatment shall be kept confidential,  shall  be  used
    43  only  in  connection  with  a  proceeding  under this article or related
    44  proceedings under this act and may not be redisclosed except  as  neces-
    45  sary  for  such  proceeding  or  proceedings  and  as authorized by law.

    46  Reports under this paragraph may  be  transmitted,  including,  but  not
    47  limited  to,  by electronic means or on the record during proceedings in
    48  family court.
    49    § 4. Subparagraph (vii) of paragraph 2 of subdivision (d)  of  section
    50  1089  of  the  family court act is amended by adding a new clause (H) to
    51  read as follows:
    52    (H) a direction that the social services official or authorized agency
    53  charged with care and custody or guardianship and custody of the  child,
    54  as  applicable, report any anticipated change in placement to the attor-
    55  neys for the parties and the attorney for the child not later  than  ten
    56  days  prior  to such change in any case in which the child is moved from
        A. 2599--B                          3
 

     1  the foster home or program into which he or she has been  placed  or  in
     2  which  the  foster  parents  move out of state with the child; provided,
     3  however, that where an immediate change of  placement  on  an  emergency
     4  basis  is  required,  the  report shall be transmitted no later than the
     5  next business day after such change in placement has  been  made.    The
     6  social services official or authorized agency shall also submit a report
     7  to  the  attorneys  for  the  parties  and the attorney for the child or
     8  include in the report of a change in placement any indicated  report  of
     9  child abuse or maltreatment where the child or another child in the same
    10  home  is  the  subject within five days of the indication of the report.

    11  The official or agency may protect the confidentiality of identifying or
    12  address  information  regarding  the  foster  or  prospective   adoptive
    13  parents. Reports under this paragraph shall not be sent to attorneys for
    14  birth  parents  whose  parental  rights have been terminated or who have
    15  surrendered their  child  or  children.    Reports  regarding  indicated
    16  reports  of child abuse or maltreatment provided pursuant to this subdi-
    17  vision shall include a statement advising recipients that  the  informa-
    18  tion  in such report of child abuse or maltreatment shall be kept confi-
    19  dential, shall be used only in connection with a proceeding  under  this
    20  article or related proceedings under this act and may not be redisclosed

    21  except as necessary for such proceeding or proceedings and as authorized
    22  by law.  Reports under this paragraph may be transmitted, including, but
    23  not  limited to, by electronic means or on the record during proceedings
    24  in family court; and
    25    § 5. Subdivision 3 of section 358-a of  the  social  services  law  is
    26  amended by adding a new paragraph (g) to read as follows:
    27    (g)  In  any  case  in which an order has been issued pursuant to this
    28  section  approving  a  foster  care  placement  instrument,  the  social
    29  services  official  or authorized agency charged with custody or care of
    30  the child shall report any anticipated change in placement to the attor-
    31  neys for the parties and the attorney for the child not later  than  ten

    32  days  prior  to such change in any case in which the child is moved from
    33  the foster home or program into which he or she has been  placed  or  in
    34  which  the  foster  parents  move out of state with the child; provided,
    35  however, that where an immediate change of  placement  on  an  emergency
    36  basis  is  required,  the  report shall be transmitted no later than the
    37  next business day after such change in placement has  been  made.    The
    38  social services official or authorized agency shall also submit a report
    39  to  the  attorneys  for  the  parties  and the attorney for the child or
    40  include in the report of a change in placement any indicated  report  of
    41  child abuse or maltreatment where the child or another child in the same

    42  home  is  the  subject within five days of the indication of the report.
    43  The official or agency may protect the confidentiality of identifying or
    44  address  information  regarding  the  foster  or  prospective   adoptive
    45  parents.    Reports  regarding  indicated  reports  of  child  abuse  or
    46  maltreatment provided pursuant  to  this  subdivision  shall  include  a
    47  statement  advising  recipients  that  the information in such report of
    48  child abuse or maltreatment shall be kept confidential,  shall  be  used
    49  only  in  connection  with  a  proceeding  under this section or related
    50  proceedings under the family court act and may not be redisclosed except
    51  as necessary for such proceeding or proceedings  and  as  authorized  by

    52  law.    Reports  under this paragraph may be transmitted, including, but
    53  not limited to, by electronic means or on the record during  proceedings
    54  in family court.
    55    §  6.  This  act shall take effect immediately, provided that sections
    56  one, three, four and five of this act  shall  take  effect  on  the  one
        A. 2599--B                          4
 
     1  hundred twentieth day after it shall have become a law; provided, howev-
     2  er, that section two of this act shall be deemed to have taken effect on
     3  the  same  date  as  section  1 of chapter 342 of the laws of 2010, took
     4  effect;  and,  effective  immediately,  the  addition,  amendment and/or
     5  repeal of any rule or regulation necessary  for  the  implementation  of
     6  this  act  on  its  effective  date  is  authorized  and  directed to be

     7  completed on or before such effective date.