New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A06715 Summary:

A06715 Actions:

A06715 Committee Votes:

A06715 Floor Votes:

A06715 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6715--A
                                                                Cal. No. 431
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 30, 2015
                                       ___________
 
        Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary  --  reported  and  referred to the Committee on Codes -- reported
          from committee, advanced to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading
 
        AN  ACT to amend the family court act and the domestic relations law, in
          relation to non-respondent parents in child protective and  permanency
          proceedings in family court
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 651 of the family court act is amended by adding  a
     2  new subdivision (c-1) to read as follows:
     3    (c-1)  Where  a  proceeding  filed pursuant to article ten or ten-A of
     4  this act is pending at the same time as  a  proceeding  brought  in  the
     5  family  court  pursuant  to  this  article, the court presiding over the
     6  proceeding under article ten or ten-A of this act may jointly  hear  the
     7  hearing  on  the  custody and visitation petition under this article and
     8  the dispositional hearing on the  petition  under  article  ten  or  the
     9  permanency  hearing  under article ten-A of this act; provided, however,
    10  the court must determine the custody and visitation petition in  accord-
    11  ance with the terms of this article.
    12    §  2.  Section 1012 of the family court act is amended by adding three
    13  new subdivisions (l), (m) and (n) to read as follows:
    14    (l) "Parent" means a person who is recognized under the  laws  of  the
    15  state of New York to be the child's legal parent.
    16    (m)  "Relative" means any person who is related to the child by blood,
    17  marriage or adoption and who is not a parent, putative parent  or  rela-
    18  tive of a putative parent of the child.
    19    (n)  "Suitable  person"  means  any  person  who plays or has played a
    20  significant positive role in the child's life or  in  the  life  of  the
    21  child's family.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09670-04-5
        A. 6715--A                          2
 
     1    §  3.  Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
     2  of section 1017 of the family court act, subdivision 1 and paragraph (a)
     3  of subdivision 2 as amended by section 10 of part A of chapter 3 of  the
     4  laws  of  2005,  the  opening  paragraph  of subdivision 1 as separately
     5  amended  by  chapter 671 of the laws of 2005, subparagraphs (i) and (ii)
     6  of paragraph (a) of subdivision 2 as amended and subdivision 3 as  added
     7  by chapter 519 of the laws of 2008, are amended to read as follows:
     8    1.  In  any  proceeding  under this article, when the court determines
     9  that a child must be removed from his or her home, pursuant to part  two
    10  of  this article, or placed, pursuant to section one thousand fifty-five
    11  of this article[,]:
    12    (a) the court shall direct the local commissioner of  social  services
    13  to  conduct  an  immediate  investigation  to  locate any non-respondent
    14  parent of the child and any relatives of the child, including all of the
    15  child's grandparents, all [suitable] relatives or suitable persons iden-
    16  tified by any respondent parent or any  non-respondent  parent  and  any
    17  relative  identified  by  a child over the age of five as a relative who
    18  plays or has played a significant positive role in  his  or  her  life[,
    19  and].    The  local  commissioner  shall  inform  them in writing of the
    20  pendency of the proceeding and of the opportunity for  [becoming  foster
    21  parents  or  for seeking custody or care] non-respondent parents to seek
    22  temporary release of the child[, and that the child may  be  adopted  by
    23  foster  parents  if  attempts at reunification with the birth parent are
    24  not required or are unsuccessful] under this article  or  custody  under
    25  article  six  of  this  act  or  for  relatives to seek to become foster
    26  parents or to provide free care under this article or  to  seek  custody
    27  pursuant  to  article six of this act; or for suitable persons to become
    28  foster parents or provide free care under this article or to seek  guar-
    29  dianship pursuant to article six of this act. Uniform statewide rules of
    30  court  shall  specify  the  contents  of  the notice consistent with the
    31  provisions of this section. The local commissioner  of  social  services
    32  shall  [record]  report  the  results of such investigation, or investi-
    33  gations to the court and parties, including the attorney for the  child.
    34  The  local  commissioner  shall  also record the results of the investi-
    35  gation or investigations, including, but not limited to, the name,  last
    36  known  address, social security number, employer's address and any other
    37  identifying information to the extent known regarding any non-respondent
    38  parent, in the uniform case record maintained pursuant to  section  four
    39  hundred  nine-f  of  the  social  services  law. For the purpose of this
    40  section, "non-respondent parent" shall  include  a  person  entitled  to
    41  notice  of  the pendency of the proceeding and of the right to intervene
    42  as an interested party pursuant to subdivision (d) of section one  thou-
    43  sand thirty-five of this article, and a non-custodial parent entitled to
    44  notice  and  the right to enforce visitation rights pursuant to subdivi-
    45  sion (e) of section one thousand thirty-five of this article.
    46    (b) The court shall also  direct  the  local  commissioner  of  social
    47  services  to  conduct  an  investigation to locate any person who is not
    48  recognized to be the child's legal parent and does not have  the  rights
    49  of  a  legal  parent under the laws of the state of New York but who (i)
    50  has filed with a putative father registry  an  instrument  acknowledging
    51  paternity of the child, pursuant to section 4-1.2 of the estates, powers
    52  and  trusts  law, or (ii) has a pending paternity petition, or (iii) has
    53  been identified as a parent of the child by the child's other parent  in
    54  a  written  sworn  statement.  The local commissioner of social services
    55  shall report the results of such investigation to the court and parties,
    56  including the attorney for the child.
        A. 6715--A                          3
 
     1    (c) The court shall determine:
     2    [(a)]  (i)  whether  there  is  a [suitable] non-respondent parent [or
     3  other person related to the child], relative  or  suitable  person  with
     4  whom such child may appropriately reside; and
     5    [(b)]  (ii) in the case of a relative or suitable person, whether such
     6  [relative] individual seeks approval as a foster parent pursuant to  the
     7  social  services  law for the purposes of providing care for such child,
     8  or wishes to provide free care [and custody] for the  child  during  the
     9  pendency of any orders pursuant to this article.
    10    (a) where the court, after a review of the reports of the sex offender
    11  registry  established  and  maintained  pursuant  to section one hundred
    12  sixty-eight-b of the correction law, reports of the statewide  computer-
    13  ized  registry of orders of protection established and maintained pursu-
    14  ant to section two hundred twenty-one-a of the  executive  law,  related
    15  decisions  in  court  proceedings  under  this  article and all warrants
    16  issued under this act,  determines  that  the  child  may  appropriately
    17  reside  with  a  [suitable]  non-respondent  parent or other relative or
    18  [other] suitable person, either:
    19    (i) grant [an] a temporary order of custody or  guardianship  to  such
    20  non-respondent  parent,  [other]  relative  or  [other]  suitable person
    21  pursuant to a petition filed under  article  six  of  this  act  pending
    22  further order of the court, or at disposition of the proceeding, grant a
    23  final  order  of  custody or guardianship to such non-respondent parent,
    24  relative or suitable person pursuant to article  six  of  this  act  and
    25  section one thousand fifty-five-b of this article; or
    26    (ii)  [place]  temporarily  release the child directly [in the custody
    27  of] to such non-respondent parent[,  other]  or  temporarily  place  the
    28  child  with a relative or [other] suitable person pursuant to this arti-
    29  cle during the pendency of the proceeding or until further order of  the
    30  court,  whichever is earlier and conduct such other and further investi-
    31  gations as the court deems necessary. The court may direct  the  commis-
    32  sioner  of  social  services,  pursuant  to regulations of the office of
    33  children and family services, to commence an investigation of  the  home
    34  of  such non-respondent parent, relative or suitable person within twen-
    35  ty-four hours and to report the results to the court  and  the  parties,
    36  including  the  attorney  for the child. If the home of a non-respondent
    37  parent, relative or suitable person, is found unqualified as appropriate
    38  for the temporary release or placement of the child under this  article,
    39  the  local  commissioner shall report such fact and the reasons therefor
    40  to the court and the parties, including  the  attorney  for  the  child,
    41  forthwith; or
    42    (iii) remand or place the child, as applicable, with the local commis-
    43  sioner of social services and direct such commissioner to have the child
    44  reside  with such relative or [other] suitable person and further direct
    45  such commissioner pursuant to regulations of the office of children  and
    46  family  services, to commence an investigation of the home of such rela-
    47  tive or other suitable person within twenty-four  hours  and  thereafter
    48  approve  such  relative  or  other  suitable  person, if qualified, as a
    49  foster parent. If such home is found to be unqualified for approval, the
    50  local commissioner shall report such fact and the reasons thereafter  to
    51  the  court and the parties, including the attorney for the child, forth-
    52  with.
    53    3. An order [placing] temporarily releasing a child [with] to  a  non-
    54  respondent  parent  or  parents,  or  temporarily placing a child with a
    55  relative or relatives or other suitable person or  persons  pursuant  to
    56  subparagraph (ii) of paragraph (a) of subdivision two of this section or
        A. 6715--A                          4
 
     1  remanding  or  placing  a  child  with  a  local  commissioner of social
     2  services to reside with a relative or relatives or  suitable  person  or
     3  persons  as  foster  parents pursuant to subparagraph (iii) of paragraph
     4  (a)  of  subdivision  two  of this section may not be granted unless the
     5  [relative or other suitable] person [consents] or persons  to  whom  the
     6  child is released, remanded or placed submits to the jurisdiction of the
     7  court  with respect to the child.  The [court] order shall set forth the
     8  terms and conditions applicable to such  person  or  persons  and  child
     9  protective  agency,  social services official and duly authorized agency
    10  with respect to the child and may [place the person with whom the  child
    11  has  been  directly  placed under supervision during the pendency of the
    12  proceeding. Such supervision shall be provided by a]  include,  but  may
    13  not  be  limited to, a direction for such person or persons to cooperate
    14  in making the child available for court-ordered visitation with respond-
    15  ents, siblings and others and for appointments with and  visits  by  the
    16  child  protective  agency,  including  visits  in the home and in-person
    17  contact with the child protective agency, social  services  official  or
    18  duly  authorized agency, and for appointments with the child's attorney,
    19  clinician or other individual or program providing services to the child
    20  during the pendency of the proceeding. The court also may issue a tempo-
    21  rary order of protection under subdivision (f) of section  one  thousand
    22  twenty-two,  section  one  thousand twenty-three or section one thousand
    23  twenty-nine of this article and an  order  directing  that  services  be
    24  provided  pursuant  to  section one thousand fifteen-a of this part. [An
    25  order of supervision issued pursuant to this subdivision shall set forth
    26  the terms and conditions that the relative or suitable person must  meet
    27  and  the actions that the child protective agency, social services offi-
    28  cial or duly authorized agency must take to exercise such supervision.]
    29    § 4. Section 1022-a of the family court act, as added by  chapter  336
    30  of the laws of 1990, is amended to read as follows:
    31    §  1022-a. Preliminary orders; notice and appointment of counsel. At a
    32  hearing held pursuant to section [ten hundred] one  thousand  twenty-two
    33  of  this  [act] part at which the respondent is present, the court shall
    34  advise the respondent and any non-respondent parent who  is  present  of
    35  the  allegations  in  the application and shall appoint counsel for [the
    36  respondent pursuant to] each in  accordance  with  section  two  hundred
    37  sixty-two of this act [where the respondent is indigent], unless waived.
    38    § 5. Subparagraph (C) of paragraph (i) of subdivision (b) and subdivi-
    39  sion  (d)  of  section 1027 of the family court act, subparagraph (C) of
    40  paragraph (i) of subdivision (b) as amended by chapter 671 of  the  laws
    41  of 2005 and subdivision (d) as added by chapter 962 of the laws of 1970,
    42  are amended to read as follows:
    43    (C)  [in the custody of] with a relative or suitable person other than
    44  the respondent.
    45    (d) Upon such hearing, the court may, for good  cause  shown,  release
    46  the  child to [the custody of] his or her parent or other person legally
    47  responsible for his or her care, pending a final order  of  disposition,
    48  in  accord with subparagraph (ii) of paragraph (a) of subdivision two of
    49  section one thousand [fifty-four] seventeen of this article.
    50    § 6. The opening paragraph of subdivision (d) of section 1035  of  the
    51  family  court  act,  as  amended  by chapter 526 of the laws of 2003, is
    52  amended to read as follows:
    53    Where the respondent is not the child's parent, service of the summons
    54  and petition shall also be ordered on both of the child's parents; where
    55  only one of the child's  parents  is  the  respondent,  service  of  the
    56  summons  and petition shall also be ordered on the child's other parent.
        A. 6715--A                          5
 
     1  The summons and petition shall be accompanied by a notice of pendency of
     2  the child protective proceeding advising the parents or  parent  of  the
     3  right to appear and participate in the proceeding as an interested party
     4  intervenor for the purpose of seeking temporary and permanent release of
     5  the  child  under this article or custody of the child under article six
     6  of this act, and to participate thereby in all  arguments  and  hearings
     7  insofar  as  they  affect  the temporary release or custody of the child
     8  during fact-finding proceedings, and  in  all  phases  of  dispositional
     9  proceedings.  The  notice shall also advise the parent or parents of the
    10  right to counsel, including assigned counsel, pursuant  to  section  two
    11  hundred sixty-two of this act, and also indicate that:
    12    §  7.  Subdivision  (a)  of  section  1052 of the family court act, as
    13  amended by chapter 519 of the laws  of  2008,  is  amended  to  read  as
    14  follows:
    15    (a)  At  the conclusion of a dispositional hearing under this article,
    16  the court shall enter an order of disposition directing one or  more  of
    17  the following:
    18    (i)  suspending  judgment  in  accord with section one thousand fifty-
    19  three of this part; or
    20    (ii) releasing the child to [the  custody  of  his]  a  non-respondent
    21  parent  or parents or [other person legally responsible] legal custodian
    22  or custodians or guardian or guardians, who is not or are  not  respond-
    23  ents  in  the proceeding, in accord with section one thousand fifty-four
    24  of this part; or
    25    (iii) placing the child in accord with section one thousand fifty-five
    26  of this part; or
    27    (iv) making an order of protection in accord with section one thousand
    28  fifty-six of this part; or
    29    (v) releasing the child to the respondent or  respondents  or  placing
    30  the respondent or respondents under supervision, or both, in accord with
    31  section one thousand fifty-seven of this part; or
    32    (vi)  granting custody of the child to a respondent parent or parents,
    33  a relative or relatives or a suitable  person  or  persons  pursuant  to
    34  article  six  of  this act and section one thousand fifty-five-b of this
    35  part; or
    36    (vii) granting custody of the child  to  a  non-respondent  parent  or
    37  parents pursuant to article six of this act.
    38    However,  the  court shall not enter an order of disposition combining
    39  placement of the child under paragraph (iii) of this subdivision with  a
    40  disposition  under  paragraph  (i) or (ii) of this subdivision. An order
    41  granting custody of the child pursuant to paragraph  (vi)  or  (vii)  of
    42  this  subdivision shall not be combined with any other disposition under
    43  this subdivision.
    44    § 8. Section 1054 of the family court act, as amended by chapter  1039
    45  of  the  laws  of  1973, subdivision (a) as amended by chapter 41 of the
    46  laws of 2010 and subdivision (b) as amended by chapter 458 of  the  laws
    47  of 1989, is amended to read as follows:
    48    § 1054. Release to [custody of] non-respondent parent or [other person
    49  responsible  for  care; supervision or order of protection] legal custo-
    50  dian or guardian.  (a) [If the] An order of disposition  [releases]  may
    51  release  the  child  for  a  designated period of up to one year to [the
    52  custody of his or her] a non-respondent parent or [other] parents  or  a
    53  person [legally responsible for his or her care] or persons who had been
    54  the child's legal custodian or guardian at the time of the filing of the
    55  petition,  [the] and who is not or are not respondents in the proceeding
        A. 6715--A                          6
 
     1  under this article. An order under this section may be extended  upon  a
     2  hearing for a period of up to one year for good cause.
     3    (b)  The  court  may  [place]  require the person or persons to [whose
     4  custody] whom the child  is  released  under  [supervision  of  a]  this
     5  section  to  submit to the jurisdiction of the court with respect to the
     6  child for the period of the disposition or  an  extension  thereof.  The
     7  order may include, but is not limited to, a direction for such person or
     8  persons  to  cooperate  in  making the child available for court-ordered
     9  visitation with respondents, siblings and others  and  for  appointments
    10  with  and  visits  by  the  child protective agency [or of a], including
    11  visits in the home and in-person contact with the child protective agen-
    12  cy, social services official or duly authorized agency, and for appoint-
    13  ments with the  child's  attorney,  clinician  or  other  individual  or
    14  program  providing  services to the child. The order shall set forth the
    15  terms and conditions applicable to such non-respondent and child protec-
    16  tive agency, social services official and duly  authorized  agency  with
    17  respect to the child.
    18    (c)  In conjunction with an order releasing the child to a non-respon-
    19  dent parent, legal custodian or guardian  under  this  subdivision,  the
    20  court  may  also  issue  any or all of the following orders: an order of
    21  supervision of a respondent parent under section one thousand fifty-sev-
    22  en, an order directing that  services  be  provided  to  the  respondent
    23  parent  under  section one thousand fifteen-a or [may enter] an order of
    24  protection under section one thousand fifty-six[, or both] of this arti-
    25  cle. An order of  supervision  of  the  respondent  entered  under  this
    26  [section  shall  set  forth the terms and conditions of such supervision
    27  that the respondent must meet and the actions that the child  protective
    28  agency,  social services official or duly authorized agency must take to
    29  exercise such supervision] subdivision may be extended  upon  a  hearing
    30  for a period of up to one year for good cause.
    31    (d)  Except  as  provided  for herein, in any order issued pursuant to
    32  this section, the court may require the child protective agency to  make
    33  progress  reports to the court, the parties, and the child's attorney on
    34  the implementation of such order. Where  the  order  of  disposition  is
    35  issued  upon  the  consent of the parties and the child's attorney, such
    36  agency shall report to the court, the parties and the  child's  attorney
    37  no  later  than ninety days after the issuance of the order and no later
    38  than sixty days prior to the expiration of the order, unless  the  court
    39  determines  that  the facts and circumstances of the case do not require
    40  such report to be made.
    41    [(b) Rules of court shall define permissible terms and  conditions  of
    42  supervision  under  this  section.  The duration of any period of super-
    43  vision shall be for an initial period of no more than one year  and  the
    44  court  may at the expiration of that period, upon a hearing and for good
    45  cause shown, make successive extensions of such supervision of up to one
    46  year each.]
    47    § 9. The section heading and  subdivisions  (a)  and  (b)  of  section
    48  1055-b  of  the  family  court act, as amended by section 7 of part F of
    49  chapter 58 of the laws of 2010, are amended  and  two  new  subdivisions
    50  (a-1) and (a-2) are added to read as follows:
    51    Custody  or  guardianship with a parent or parents, relatives or suit-
    52  able persons pursuant to article six of this act  or  guardianship  with
    53  [such a person] relatives or suitable persons pursuant to article seven-
    54  teen  of  the surrogate's court procedure act.  (a) Custody or guardian-
    55  ship with respondent parent or parents, relatives or  suitable  persons.
    56  At  the  conclusion of the dispositional hearing under this article, the
        A. 6715--A                          7
 
     1  court may enter an order of disposition granting custody or guardianship
     2  of the child to a respondent parent or parents, as defined  in  subdivi-
     3  sion  (1)  of section one thousand twelve of this article, or a relative
     4  or  relatives  or  other  suitable person [under] or persons pursuant to
     5  article six of this act or an order of  guardianship  of  the  child  to
     6  [such] a relative or relatives or suitable person or persons under arti-
     7  cle  seventeen  of  the surrogate's court procedure act if the following
     8  conditions have been met:
     9    (i) the respondent parent or parents, relative or relatives  or  suit-
    10  able person or persons has or have filed a petition for custody or guar-
    11  dianship  of  the  child  pursuant to article six of this act or, in the
    12  case of a relative or relatives or suitable person or persons,  a  peti-
    13  tion for guardianship of the child under article seventeen of the surro-
    14  gate's court procedure act; and
    15    (ii)  the  court  finds  that  granting custody or guardianship of the
    16  child to [the relative or suitable] such person or  persons  is  in  the
    17  best interests of the child and that the safety of the child will not be
    18  jeopardized  if the respondent or respondents under the child protective
    19  proceeding are no longer under supervision  or  receiving  services.  In
    20  determining  whether the best interests of the child will be promoted by
    21  the granting of guardianship of the child to a relative  who  has  cared
    22  for the child as a foster parent, the court shall give due consideration
    23  to  the permanency goal of the child, the relationship between the child
    24  and the relative, and whether  the  relative  and  the  social  services
    25  district  have entered into an agreement to provide kinship guardianship
    26  assistance payments for the child to the relative  under  title  ten  of
    27  article  six  of  the social services law, and, if so, whether the fact-
    28  finding hearing pursuant to section one thousand fifty-one of this  part
    29  and a permanency hearing pursuant to section one thousand eighty-nine of
    30  this  chapter  [has]  have occurred and whether compelling reasons exist
    31  for determining that the return home of the child and  the  adoption  of
    32  the child are not in the best interests of the child and are, therefore,
    33  not appropriate permanency options; and
    34    (iii)  the  court  finds  that granting custody or guardianship of the
    35  child to the respondent parent, relative or suitable person under  arti-
    36  cle  six  of this act or granting guardianship of the child to the rela-
    37  tive or [other] suitable person under article seventeen  of  the  surro-
    38  gate's  court  procedure  act  will  provide  the  child with a safe and
    39  permanent home; and
    40    (iv) all parties to the child protective  proceeding  consent  to  the
    41  granting of custody or guardianship under article six of this act or the
    42  granting  of  guardianship  under  article  seventeen of the surrogate's
    43  court procedure act; or [(v)], if any  of  the  parties  object  to  the
    44  granting  of  custody  or guardianship, the court has made the following
    45  findings after a [consolidated] joint dispositional hearing on the child
    46  protective petition and the petition under article six of  this  act  or
    47  under article seventeen of the surrogate's court procedure act[;]:
    48    (A)  if  a  relative  or  relatives or suitable person or persons have
    49  filed a petition for custody or guardianship and  a  parent  or  parents
    50  fail  to consent to the granting of [custody or guardianship under arti-
    51  cle six of this act or] the  [granting  of  guardianship  under  article
    52  seventeen  of  the  surrogate's court procedure act] petition, the court
    53  finds that the relative or relatives or suitable person or persons  have
    54  demonstrated  that extraordinary circumstances exist that support grant-
    55  ing an order of custody or guardianship to the relative or relatives  or
        A. 6715--A                          8
 
     1  suitable person or persons and that the granting of the order will serve
     2  the child's best interests; or
     3    (B)  if  a  relative  or  relatives or suitable person or persons have
     4  filed a petition for custody or guardianship and a party other than  the
     5  parent or parents fail to consent to the granting of [custody or guardi-
     6  anship under article six of this act or] the petition [granting of guar-
     7  dianship  under  article  seventeen  of  the surrogate's court procedure
     8  act], the court finds that granting custody or guardianship of the child
     9  to the relative or relatives or suitable person or  persons  is  in  the
    10  best interests of the child; or
    11    (C)  if  a  respondent  parent  has filed a petition for custody under
    12  article six of this act and a party who is not a  parent  of  the  child
    13  objects to the granting of the petition, the court finds either that the
    14  objecting party has failed to establish extraordinary circumstances, or,
    15  if the objecting party has established extraordinary circumstances, that
    16  granting  custody to the petitioning respondent parent would nonetheless
    17  be in the child's best interests; or
    18    (D) if a respondent parent has filed  a  petition  for  custody  under
    19  article  six of this act and the other parent objects to the granting of
    20  the petition, the court finds that granting custody to  the  petitioning
    21  respondent parent is in the child's best interests.
    22    (a-1)  Custody  and visitation petition of non-respondent parent under
    23  article six of this act. Where a proceeding filed by the  non-respondent
    24  parent  pursuant  to article six of this act is pending at the same time
    25  as a proceeding brought in the family court pursuant  to  this  article,
    26  the  court  presiding over the proceeding under this article may jointly
    27  hear the dispositional hearing on the child  protective  petition  under
    28  this  article  and  the  hearing  on the custody and visitation petition
    29  under article six of this act; provided however, the court  must  deter-
    30  mine  the  non-respondent parent's custody and visitation petition filed
    31  under article six of this act in accordance with the terms of that arti-
    32  cle.
    33    (a-2) Custody and visitation petition of non-respondent  parent  under
    34  section  two  hundred  forty  of  the  domestic  relations  law. Where a
    35  proceeding brought in the supreme court involving  the  custody  of,  or
    36  right to visitation with, any child of a marriage is pending at the same
    37  time  as a proceeding brought in the family court pursuant to this arti-
    38  cle, the court presiding over the  proceeding  under  this  article  may
    39  jointly  hear the dispositional hearing on the child protective petition
    40  under article ten of this act and, upon referral from the supreme court,
    41  the hearing to resolve the  matter  of  custody  or  visitation  in  the
    42  proceeding  pending  in  the  supreme court; provided however, the court
    43  must determine the non-respondent parent's custodial rights  in  accord-
    44  ance  with  the terms of paragraph (a) of subdivision one of section two
    45  hundred forty of the domestic relations law.
    46    (b) An order made in accordance with the provisions  of  this  section
    47  shall set forth the required findings as described in subdivision (a) of
    48  this  section where applicable, including, if the guardian and the local
    49  department of social services have entered into an agreement to  provide
    50  kinship  guardianship  assistance payments for the child to the relative
    51  under title ten of article six of the social services law, that a  fact-
    52  finding  hearing pursuant to section one thousand fifty-one of this part
    53  and a permanency hearing pursuant to section one thousand eighty-nine of
    54  this chapter [has] have occurred, and the compelling reasons that  exist
    55  for  determining  that  the return home of the child and the adoption of
    56  the child are not in the best interests of the child and are, therefore,
        A. 6715--A                          9
 
     1  not appropriate permanency options for the child, and  shall  constitute
     2  the  final disposition of the child protective proceeding. Notwithstand-
     3  ing any other provision of law, the court shall not issue  an  order  of
     4  supervision  nor  may  the  court require the local department of social
     5  services to provide services  to  the  respondent  or  respondents  when
     6  granting  custody  or  guardianship  pursuant to article six of this act
     7  under this section or granting guardianship under article  seventeen  of
     8  the surrogate's court procedure act.
     9    §  10.  Section 1057 of the family court act, as amended by chapter 41
    10  of the laws of 2010, is amended to read as follows:
    11    § 1057. [Supervision] Release  of  the  child  to  the  respondent  or
    12  respondents; supervision of the respondent or respondents.
    13    (a)  The  court may release the child to the respondent or respondents
    14  for a period of up to one year, which may be extended pursuant to subdi-
    15  vision (d) of this section.
    16    (b) In conjunction with an order releasing a child under this  section
    17  or  an  order  under paragraph (ii), (iii) or (iv) of subdivision (a) of
    18  section one thousand fifty-two of this part, the  court  may  place  the
    19  respondent or respondents under supervision of a child protective agency
    20  or  of a social services official or duly authorized agency. An order of
    21  supervision entered under this section shall set  forth  the  terms  and
    22  conditions  of  such supervision that the respondent or respondents must
    23  meet and the actions that the child protective agency,  social  services
    24  official  or  duly  authorized  agency must take to exercise such super-
    25  vision.
    26    (c) Except as provided for herein, in any  order  issued  pursuant  to
    27  subdivision  (a) or (b) of this section, the court may require the child
    28  protective agency to make progress reports to the  court,  the  parties,
    29  and the child's attorney on the implementation of such order.  Where the
    30  order  of  disposition is issued upon the consent of the parties and the
    31  child's attorney, such agency shall report to the court, the parties and
    32  the child's attorney no later than ninety days after the issuance of the
    33  order[, unless] and no later than sixty days prior to the expiration  of
    34  the  order, unless the court determines that the facts and circumstances
    35  of the case do not require such report to  be  made.    [Rules]  Uniform
    36  statewide  rules  of court shall define permissible terms and conditions
    37  of supervision of the respondent or respondents under this section.
    38    (d) The duration of any period of release of the child to the respond-
    39  ent or respondents or supervision of the respondent  or  respondents  or
    40  both  shall be for an initial period of no more than one year [and the].
    41  The court may at the expiration of that period, upon a hearing  and  for
    42  good cause shown, [make successive extensions of] extend such release or
    43  supervision or both for a period of up to one year [each].
    44    § 11. The section heading and subdivisions (a), (b) and (c) of section
    45  1089-a  of  the  family  court act, as amended by section 8 of part F of
    46  chapter 58 of the laws of 2010, are amended  and  two  new  subdivisions
    47  (a-1) and (a-2) are added to read as follows:
    48    Custody  or guardianship with a parent or parents, a relative or rela-
    49  tives or a suitable person or persons pursuant to article  six  of  this
    50  act  or  guardianship of a relative or relatives or a suitable person or
    51  persons pursuant to article seventeen of the surrogate's court procedure
    52  act. (a) Where the permanency plan is placement with a fit  and  willing
    53  relative or a respondent parent, the court may issue an order of custody
    54  or  guardianship in response to a petition filed by a respondent parent,
    55  relative or suitable person seeking custody or guardianship of the child
    56  under article six of this act or an order of guardianship of  the  child
        A. 6715--A                         10
 
     1  under  article  seventeen of the surrogate's court procedure act [at]. A
     2  petition for custody or guardianship may be heard jointly with a perman-
     3  ency hearing held pursuant to this article [and terminate]. An order  of
     4  custody  or guardianship issued in accordance with this subdivision will
     5  result in termination of all pending  orders  issued  pursuant  to  this
     6  article or article ten of this act if the following conditions have been
     7  met:
     8    (i)  the court finds that granting custody to the respondent parent or
     9  parents, relative or relatives or suitable person or persons or  guardi-
    10  anship  of  the child to the relative or relatives or suitable person or
    11  persons is in the best interests of the child and that  the  termination
    12  of  the order placing the child pursuant to article ten of this act will
    13  not jeopardize the safety of the child. In determining whether the  best
    14  interests  of the child will be promoted by the granting of guardianship
    15  of the child to a relative who has cared  for  the  child  as  a  foster
    16  parent, the court shall give due consideration to the permanency goal of
    17  the  child,  the  relationship  between  the child and the relative, and
    18  whether the relative and the local department of  social  services  have
    19  entered  into  an  agreement  to provide kinship guardianship assistance
    20  payments for the child to the relative under title ten of article six of
    21  the social services law, and, if  so,  whether  a  fact-finding  hearing
    22  pursuant to section one thousand fifty-one of this chapter has occurred,
    23  and  whether  compelling  reasons  exist for determining that the return
    24  home of the child and the adoption of the child  are  not  in  the  best
    25  interests  of  the  child and are, therefore, not appropriate permanency
    26  options; and
    27    (ii) the court finds that granting custody to the respondent parent or
    28  parents, relative or relatives or suitable person or persons or  guardi-
    29  anship  of  the child to the relative or relatives or suitable person or
    30  persons will provide the child with a safe and permanent home; and
    31    (iii) the parents, the attorney for the child, the local department of
    32  social services, and the foster parent of the child  who  has  been  the
    33  foster parent for the child for one year or more consent to the issuance
    34  of  an order of custody or guardianship under article six of this act or
    35  the granting of guardianship under article seventeen of the  surrogate's
    36  court procedure act and the termination of the order of placement pursu-
    37  ant to this article or article ten of this act; or [(iv)], if any of the
    38  parties object to the granting of custody or guardianship, the court has
    39  made  the following findings after a [consolidated] joint hearing on the
    40  permanency of the child and the petition under article six of  this  act
    41  or article seventeen of the surrogate's court procedure act[;]:
    42    (A)  if  a  relative  or  relatives or suitable person or persons have
    43  filed a petition for custody or guardianship and  a  parent  or  parents
    44  fail  to consent to the granting of [custody or guardianship under arti-
    45  cle six of this act or] the  [granting  of  guardianship  under  article
    46  seventeen  of  the  surrogate's court procedure act] petition, the court
    47  finds that the relative or relatives or suitable person or persons  have
    48  demonstrated  that extraordinary circumstances exist that support grant-
    49  ing an order of custody or guardianship under article six of this act or
    50  the granting of guardianship under article seventeen of the  surrogate's
    51  court  procedure  act to the relative or relatives or suitable person or
    52  persons and that the granting of the order will serve the  child's  best
    53  interests; or
    54    (B)  if  a  relative  or  relatives or suitable person or persons have
    55  filed a petition for custody or guardianship and the local department of
    56  social services, the attorney for the child, or the foster parent of the
        A. 6715--A                         11
 
     1  child who has been the foster parent for the child for one year or  more
     2  [fail  to  consent]  objects to the granting of [custody or guardianship
     3  under article six of this act or  the  granting  of  guardianship  under
     4  article  seventeen of the surrogate's court procedure act] the petition,
     5  the court finds that granting custody or guardianship of  the  child  to
     6  the  relative  or relatives or suitable person or persons is in the best
     7  interests of the child; or
     8    (C) if a respondent parent has filed  a  petition  for  custody  under
     9  article  six  of  this  act and a party who is not a parent of the child
    10  objects to the granting of the petition, the court finds either that the
    11  objecting party has failed to establish extraordinary circumstances, or,
    12  if the objecting party has established extraordinary circumstances, that
    13  granting custody to the petitioning respondent parent would  nonetheless
    14  be in the child's best interests; or
    15    (D)  if  a  respondent  parent  has filed a petition for custody under
    16  article six of this act and the other parent fails  to  consent  to  the
    17  granting  of  the petition, the court finds that granting custody to the
    18  petitioning respondent parent is in the child's best interests.
    19    (a-1) Custody and visitation petition of non-respondent  parent  under
    20  article  six  of  this act. Where a proceeding filed by a non-respondent
    21  parent pursuant to article six of this act is pending at the  same  time
    22  as  a  proceeding  brought in the family court pursuant to this article,
    23  the court presiding over the proceeding under this article  may  jointly
    24  hear  the  permanency hearing and the hearing on the custody and visita-
    25  tion petition under article six of this act; provided however, the court
    26  must determine the non-respondent parent's custody petition filed  under
    27  article six of this act in accordance with the terms of that article.
    28    (a-2)  Custody  and visitation petition of non-respondent parent under
    29  section two hundred  forty  of  the  domestic  relations  law.  Where  a
    30  proceeding  brought  in  the  supreme court involving the custody of, or
    31  right to visitation with, any child of a marriage is pending at the same
    32  time as a proceeding brought in the family court pursuant to this  arti-
    33  cle,  the  court  presiding  over  the proceeding under this article may
    34  jointly hear the permanency hearing and, upon referral from the  supreme
    35  court, the hearing to resolve the matter of custody or visitation in the
    36  proceeding  pending  in  the  supreme court; provided however, the court
    37  must determine the non-respondent parent's custodial rights  in  accord-
    38  ance  with  the terms of paragraph (a) of subdivision one of section two
    39  hundred forty of the domestic relations law.
    40    (b) An order made in accordance with the provisions  of  this  section
    41  shall set forth the required findings as described in subdivision (a) of
    42  this  section,  where  applicable,  including, if the guardian and local
    43  department of social services have entered into an agreement to  provide
    44  kinship  guardianship  assistance payments for the child to the relative
    45  under title ten of article six of the social services law, that a  fact-
    46  finding hearing pursuant to section one thousand fifty-one of this chap-
    47  ter  [has]  and  a  permanency  hearing pursuant to section one thousand
    48  eighty-nine of this part have occurred, and the compelling reasons  that
    49  exist  for  determining that the return home of the child are not in the
    50  best interests of the child and are, therefore, not appropriate  perman-
    51  ency  options  for the child, and shall result in the termination of any
    52  orders in effect pursuant to article ten of this act or pursuant to this
    53  article. Notwithstanding any other provision of law, the court shall not
    54  issue an order of supervision  nor  may  the  court  require  the  local
    55  department  of  social services to provide services to the respondent or
    56  respondents when granting custody or guardianship  pursuant  to  article
        A. 6715--A                         12
 
     1  six of this act under this section or the granting of guardianship under
     2  article  seventeen  of the surrogate's court procedure act in accordance
     3  with this section.
     4    (c)  As  part  of  the  order granting custody or guardianship [to the
     5  relative or suitable person] in accordance with this section pursuant to
     6  article six of this act or the granting of  guardianship  under  article
     7  seventeen  of the surrogate's court procedure act, the court may require
     8  that the local department of social services and the  attorney  for  the
     9  child receive notice of, and be made parties to, any subsequent proceed-
    10  ing  to  modify the order of custody or guardianship granted pursuant to
    11  the article six proceeding; provided, however, if the guardian  and  the
    12  local  department  of  social services have entered into an agreement to
    13  provide kinship guardianship assistance payments for the  child  to  the
    14  relative  under title ten of article six of the social services law, the
    15  order must require that the local department of social services and  the
    16  attorney  for  the  child receive notice of, and be made parties to, any
    17  such subsequent proceeding involving  custody  or  guardianship  of  the
    18  child.
    19    §  12.  Paragraph  (a) of subdivision 1 of section 240 of the domestic
    20  relations law, as amended by chapter 476 of the laws of 2009, is amended
    21  to read as follows:
    22    (a) In any action or proceeding brought (1) to annul a marriage or  to
    23  declare  the nullity of a void marriage, or (2) for a separation, or (3)
    24  for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
    25  tion and order to show cause, the custody of or right to visitation with
    26  any  child  of  a  marriage, the court shall require verification of the
    27  status of any child of the marriage with respect to such child's custody
    28  and support, including any prior orders,  and  shall  enter  orders  for
    29  custody  and  support  as,  in the court's discretion, justice requires,
    30  having regard to the circumstances of the case  and  of  the  respective
    31  parties  and  to  the  best  interests  of  the child and subject to the
    32  provisions of subdivision one-c of this section. Where either  party  to
    33  an  action  concerning  custody of or a right to visitation with a child
    34  alleges in a sworn petition or complaint or  sworn  answer,  cross-peti-
    35  tion,  counterclaim  or  other  sworn responsive pleading that the other
    36  party has committed an act of domestic violence against the party making
    37  the allegation or a family or household member of either party, as  such
    38  family  or  household  member  is defined in article eight of the family
    39  court act, and such allegations are proven by  a  preponderance  of  the
    40  evidence,  the  court must consider the effect of such domestic violence
    41  upon the best interests of the child, together with such other facts and
    42  circumstances as the court deems relevant in making a direction pursuant
    43  to this section and state on the record how  such  findings,  facts  and
    44  circumstances  factored  into  the  direction.  If a parent makes a good
    45  faith allegation based on a reasonable belief supported  by  facts  that
    46  the child is the victim of child abuse, child neglect, or the effects of
    47  domestic violence, and if that parent acts lawfully and in good faith in
    48  response  to  that reasonable belief to protect the child or seek treat-
    49  ment for the child, then that parent shall not be deprived  of  custody,
    50  visitation  or contact with the child, or restricted in custody, visita-
    51  tion or contact, based solely on that belief or the  reasonable  actions
    52  taken  based  on that belief. If an allegation that a child is abused is
    53  supported by a preponderance of  the  evidence,  then  the  court  shall
    54  consider  such  evidence of abuse in determining the visitation arrange-
    55  ment that is in the best interest of the child, and the court shall  not
    56  place a child in the custody of a parent who presents a substantial risk
        A. 6715--A                         13
 
     1  of  harm  to that child, and shall state on the record how such findings
     2  were factored into the determination.  Where a proceeding filed pursuant
     3  to article ten or ten-A of the family court act is pending at  the  same
     4  time  as a proceeding brought in the supreme court involving the custody
     5  of, or right to visitation with, any child  of  a  marriage,  the  court
     6  presiding  over  the proceeding under article ten or ten-A of the family
     7  court act may jointly hear the dispositional  hearing  on  the  petition
     8  under  article  ten or the permanency hearing under article ten-A of the
     9  family court act and, upon referral from the supreme court, the  hearing
    10  to resolve the matter of custody or visitation in the proceeding pending
    11  in the supreme court; provided however, the court must determine custody
    12  or visitation in accordance with the terms of this section.
    13    An  order  directing  the  payment  of child support shall contain the
    14  social security numbers of the named parties. In all cases  there  shall
    15  be  no  prima  facie right to the custody of the child in either parent.
    16  Such direction shall make provision for child support out of the proper-
    17  ty of either or both parents. The court shall make its award  for  child
    18  support  pursuant  to  subdivision one-b of this section. Such direction
    19  may provide for reasonable visitation  rights  to  the  maternal  and/or
    20  paternal  grandparents of any child of the parties. Such direction as it
    21  applies to rights of visitation with a child remanded or placed  in  the
    22  care  of  a  person, official, agency or institution pursuant to article
    23  ten of the family court act, or pursuant to an instrument approved under
    24  section three hundred fifty-eight-a of the social services law, shall be
    25  enforceable pursuant to part eight of article ten of  the  family  court
    26  act  and  sections three hundred fifty-eight-a and three hundred eighty-
    27  four-a of the social services law and other applicable provisions of law
    28  against any person having care and custody, or temporary care and custo-
    29  dy, of the child. Notwithstanding any other provision of law, any  writ-
    30  ten  application or motion to the court for the establishment, modifica-
    31  tion or enforcement of a child support obligation  for  persons  not  in
    32  receipt  of public assistance and care must contain either a request for
    33  child support enforcement services which would authorize the  collection
    34  of  the  support  obligation  by  the  immediate  issuance  of an income
    35  execution for support enforcement  as  provided  for  by  this  chapter,
    36  completed in the manner specified in section one hundred eleven-g of the
    37  social  services  law; or a statement that the applicant has applied for
    38  or is in receipt of such services; or a  statement  that  the  applicant
    39  knows  of  the  availability of such services, has declined them at this
    40  time and where support enforcement  services  pursuant  to  section  one
    41  hundred  eleven-g of the social services law have been declined that the
    42  applicant understands that an  income  deduction  order  may  be  issued
    43  pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of
    44  the civil practice law and rules without other child support enforcement
    45  services and that payment of an administrative fee may be required.  The
    46  court  shall  provide  a  copy  of  any  such  request for child support
    47  enforcement services to the support collection unit of  the  appropriate
    48  social services district any time it directs payments to be made to such
    49  support  collection  unit.  Additionally,  the  copy of any such request
    50  shall be accompanied by the name, address and social security number  of
    51  the  parties;  the date and place of the parties' marriage; the name and
    52  date of birth of the child or children; and the name and address of  the
    53  employers  and  income  payors  of  the party from whom child support is
    54  sought or from the party ordered to  pay  child  support  to  the  other
    55  party.  Such direction may require the payment of a sum or sums of money
    56  either directly to the custodial parent or to third persons for goods or
        A. 6715--A                         14
 
     1  services furnished for such child, or for both payments to the custodial
     2  parent and to such third persons; provided,  however,  that  unless  the
     3  party seeking or receiving child support has applied for or is receiving
     4  such  services,  the  court shall not direct such payments to be made to
     5  the support collection unit,  as  established  in  section  one  hundred
     6  eleven-h  of  the social services law. Every order directing the payment
     7  of support shall require that if either parent currently, or at any time
     8  in the future, has health  insurance  benefits  available  that  may  be
     9  extended  or  obtained  to  cover  the child, such parent is required to
    10  exercise the option of additional coverage in favor of  such  child  and
    11  execute  and  deliver  to  such  person any forms, notices, documents or
    12  instruments necessary to assure timely payment of any  health  insurance
    13  claims for such child.
    14    §  13.  This  act  shall  take effect on the one hundred eightieth day
    15  after it shall have become a law.