Provides that the return of a child who has been in the care and custody of a social services official for a period of six months or more without visitation by the parent, parents or guardian shall be returned to the care and custody of the parent, parents or guardian pursuant to a transition plan.
STATE OF NEW YORK
________________________________________________________________________
2998
2011-2012 Regular Sessions
IN ASSEMBLY
January 21, 2011
___________
Introduced by M. of A. MORELLE, HOYT -- Multi-Sponsored by -- M. of A.
COOK, GALEF, HIKIND, McENENY, PEOPLES-STOKES, TOWNS -- read once and
referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the return of a
child to the care and custody of his or her parent, parents or guardi-
an
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 358-a of the social services law,
2 as amended by section 39 of part A of chapter 3 of the laws of 2005, is
3 amended to read as follows:
4 (7) Return of child. If an instrument provides for the return of the
5 care and custody of a child by the local social services official to the
6 parent, parents or guardian upon any terms and conditions or at any
7 time, the local social services official shall comply with such terms of
8 such instrument without further court order. Every order approving an
9 instrument providing for the transfer of the care and custody of a child
10 to a local social services official shall be served upon the parent,
11 parents or guardian who executed such instrument in such manner as the
12 family court judge may provide in such order, together with a notice of
13 the terms and conditions under which the care and custody of such child
14 may be returned to the parent, parents or guardian. If an instrument
15 provides for the return of the care and custody of a child by the local
16 social services official to the parent, parents or guardian without
17 fixing a definite date for such return, or if the local social services
18 official shall fail to return a child to the care and custody of the
19 child's parent, parents or guardian in accordance with the terms of the
20 instrument, the parent, parents or guardian may seek such care and
21 custody by motion for return of such child and order to show cause in
22 such proceeding or by writ of habeas corpus in the supreme court. In a
23 case where a child has been in the care and custody of a social services
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05452-01-1
A. 2998 2
1 official for a period of six months or more without visitation by the
2 parent, parents or guardian, the instrument that provides for the return
3 of the care and custody of a child by the social services official to
4 the parent, parents or guardian shall provide for a transition plan for
5 the return of the child to the parent, parents or guardian. Such transi-
6 tion plan shall consist of a series of visits over a period of time to
7 be determined by the court in order to prepare the child for the perma-
8 nent return of the child to his or her parent, parents or guardian.
9 Nothing in this subdivision shall limit the requirement for a permanency
10 hearing pursuant to article ten-A of the family court act.
11 § 2. Subdivision 2 of section 384-a of the social services law is
12 amended by adding a new paragraph (i) to read as follows:
13 (i) In a case where a child has been in the care and custody of a
14 social services official or suitable person related to the child for a
15 period of six months without visitation by the parent, parents or guard-
16 ian, the instrument that provides for the return of the care and custody
17 of a child by the social services official to the parent, parents or
18 guardian shall provide a transition plan for the return of the child to
19 the parent, parents or guardian. Such transition plan shall consist of a
20 series of visits over a period of time to be determined by the court in
21 order to prepare the child for the permanent return of the child to his
22 or her parent, parents or guardian.
23 § 3. This act shall take effect on the thirtieth day after it shall
24 have become a law.
