A03699 Summary:

BILL NOA03699A
 
SAME ASSAME AS S01173-A
 
SPONSORPeoples-Stokes
 
COSPNSRClark
 
MLTSPNSR
 
Add S1059, Fam Ct Act
 
Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.
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A03699 Actions:

BILL NOA03699A
 
01/28/2013referred to judiciary
01/08/2014referred to judiciary
03/12/2014amend and recommit to judiciary
03/12/2014print number 3699a
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A03699 Floor Votes:

There are no votes for this bill in this legislative session.
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A03699 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3699--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2013
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Judiciary -- 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  family  court  act,  in  relation  to  establishing
          kinship guardianship
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The family court act is amended by  adding  a  new  section
     2  1059 to read as follows:
     3    §  1059.  Kinship  guardianship.  1.  Definitions.  When  used in this
     4  section:
     5    a. "Kinship foster child" shall mean a  child  placed  with  a  social
     6  services  official  pursuant  to section one thousand fifty-five of this
     7  part who is placed either (i) as a  kinship  foster  child  pursuant  to
     8  regulations  of  the office of children and family services or (ii) as a
     9  foster child and who has been placed by the social services official  or

    10  other  authorized  agency  in  the  home  of a relative within the third
    11  degree;
    12    b. "Kinship foster parent" shall mean a foster parent who is  approved
    13  or  certified  pursuant  to  section  three hundred seventy-eight of the
    14  social services law and who is caring for a child who is related  within
    15  the third degree.
    16    2. Petition. A kinship foster parent or a social services official may
    17  file a petition with the family court which placed the child pursuant to
    18  section  one thousand fifty-five of this part to have the kinship foster
    19  parent appointed as kinship guardian for the child.  The petition  shall
    20  allege  that  the  child  was placed, that more than fifteen months have

    21  passed since the date of the order placing the child, that  the  parents
    22  of  the  child  are  presently  and for the foreseeable future unable to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05003-03-4

        A. 3699--A                          2
 
     1  provide proper and adequate care  for  the  child,  notwithstanding  the
     2  authorized  agency's  diligent  efforts  to encourage and strengthen the
     3  parental relationship, that the prospective kinship guardians consent to
     4  the  appointment  and that the child has resided with them for more than

     5  eighteen months, and that it would be in the best interests of the child
     6  for the petition to be granted.
     7    3. Notice.  Notice of the petition and a copy of the petition shall be
     8  served upon the social services official with whom the child is  placed,
     9  the  parents  of the child, the kinship foster parents of the child, and
    10  the law guardian of the child, each of whom  shall  be  parties  to  the
    11  proceeding.
    12    4.  Hearing and determination. If the court finds that the elements of
    13  the petition have been proven by a fair preponderance of  the  evidence,
    14  or upon the consent of all parties, the court shall grant the petition.
    15    5.  Orders.  An  order appointing a person as a kinship guardian shall

    16  award custody of the child to the kinship guardian.  A kinship  guardian
    17  shall  have  the  same  authority  as a parent to consent on behalf of a
    18  child, except that a kinship guardian shall not consent to the  adoption
    19  or surrender of a child.
    20    6.  Maintenance  subsidy.   The social services official with whom the
    21  child was placed shall make monthly payments to the kinship guardian  as
    22  if the child had been placed under sections four hundred fifty-three and
    23  four  hundred  fifty-four of the social services law, and subject to the
    24  procedures, limitations, and minimum payments of such sections.
    25    7. Rights of the parents.  The appointment of a kinship guardian shall
    26  not affect or impair the visitation rights of a parent.

    27    8. Vacating orders.   A parent may apply for  an  order  vacating  the
    28  appointment  of  the  kinship  guardian.    The  court  shall vacate the
    29  appointment and award custody of the child to the parent upon a  showing
    30  that  the  parent  is  able  to provide proper and adequate care for the
    31  child and one or more of the following conditions exist:
    32    a. the kinship guardian is unfit;
    33    b. the kinship guardian has neglected his or her duties;
    34    c. the kinship  guardian  is  unwilling  or  unable  to  continue  the
    35  appointment; or
    36    d.  the  relationship between the kinship guardian and the child is no
    37  longer in the best interest of the child.
    38    § 2. This act shall take effect April 1, 2015.
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