A03588 Summary:

BILL NOA03588
 
SAME ASSAME AS S07260
 
SPONSORHevesi
 
COSPNSR
 
MLTSPNSR
 
Amd §§1093 & 1094, Fam Ct Act
 
Expands the list of those able to commence proceedings alleging that a child is a destitute child to include the child in question, if over 14 years of age, and other persons on the court's direction; makes related provisions.
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A03588 Actions:

BILL NOA03588
 
02/03/2023referred to children and families
01/03/2024referred to children and families
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A03588 Committee Votes:

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A03588 Floor Votes:

There are no votes for this bill in this legislative session.
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A03588 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3588
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2023
                                       ___________
 
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Children and Families
 
        AN ACT to amend the family court act, in relation to proceedings regard-
          ing destitute children
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1093 of the family court act, as added  by  chapter
     2  605 of the laws of 2011, subdivisions (a) and (b), paragraphs 1 and 2 of
     3  subdivision  (c) and subdivision (d) as amended by chapter 3 of the laws
     4  of 2012, is amended to read as follows:
     5    § 1093. Originating proceedings. (a) Filing of the petition.  [Only  a
     6  commissioner  of  social  services may originate a proceeding under this
     7  article.]  (1) A proceeding under this article may be originated by  the
     8  filing  of  a  petition  alleging that the child is a destitute child as
     9  defined by section one thousand ninety-two of this article.  [A  commis-
    10  sioner  of  social services, who accepts the care and custody of a child
    11  appearing to be a destitute child,  shall  provide  for  such  child  as
    12  authorized  by  law,  including but not limited to section three hundred
    13  ninety-eight of the social services  law,  and  shall  file  a  petition
    14  pursuant  to  this  section within fourteen days upon accepting the care
    15  and custody of such child.]
    16    (2) (i) The following persons may  originate  proceedings  under  this
    17  section:
    18    (A) a commissioner of social services;
    19    (B)  the  child  that is the subject of the petition, if such child is
    20  over the age of fourteen; or
    21    (C) any other person on the court's direction.
    22    (ii) A person seeking to file a  petition  on  the  court's  direction
    23  pursuant  to clause (C) of subparagraph (i) of this paragraph shall have
    24  access to the court for the purpose of making an  ex  parte  application
    25  therefor.  Nothing in this section shall be intended to prevent a family
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05149-01-3

        A. 3588                             2
 
     1  court judge from requiring such person to first report to an appropriate
     2  child protective agency.
     3    (3) A commissioner of social services who accepts the care and custody
     4  of  a  child  appearing  to be a destitute child, shall provide for such
     5  child as authorized by law, including but not limited to  section  three
     6  hundred  ninety-eight of the social services law, and shall file a peti-
     7  tion pursuant to this section within fourteen days  upon  accepting  the
     8  care and custody of such child.
     9    (b)  Venue. A petition under this article shall be filed in the family
    10  court located in the  county  where  the  child  resides  or  is  found;
    11  provided  however, that upon the motion of any party or the attorney for
    12  the child, the court may transfer a petition filed under this article to
    13  a county the court deems to be more appropriate under the circumstances,
    14  including, but not limited to, a county located  within  a  jurisdiction
    15  where the child is domiciled or has another significant nexus.
    16    (c)  Contents  of  the  petition.  (1)  The petition shall allege upon
    17  information and belief:
    18    (i) if the petitioner is not the child in question, the  manner,  date
    19  and circumstance under which the child became known to the petitioner;
    20    (ii) the child's date of birth, if known;
    21    (iii)  that  the  child is a destitute child as defined in subdivision
    22  (a) of section one thousand ninety-two of this article and the basis for
    23  the allegation;
    24    (iv) the identity of the parent or parents of the child  in  question,
    25  if known;
    26    (v) whether the parent or parents of the child are living or deceased,
    27  if known;
    28    (vi) the whereabouts and last known address for the parent or parents,
    29  if known;
    30    (vii) the identity of a caretaker or interested adult, if known;
    31    (viii) the efforts, if any, which were made prior to the filing of the
    32  petition  to  prevent any removal of the child from the home and if such
    33  efforts were not made, the reasons such efforts were not made; and
    34    (ix) the efforts, if any, which were made prior to the filing  of  the
    35  petition to allow the child to return or remain safely home, and if such
    36  efforts were not made, the reasons such efforts were not made.
    37    (2) The petition shall contain a notice in conspicuous print providing
    38  that  if the child remains in foster care for fifteen of the most recent
    39  twenty-two months, the agency may be required by law to file a  petition
    40  to terminate parental rights.
    41    (d)  Service  of summons. (1) Upon the filing of a petition under this
    42  article, if a living parent, caretaker or interested adult is identified
    43  in the petition, the court shall cause a copy  of  the  petition  and  a
    44  summons  to be issued the same day the petition is filed, requiring such
    45  parent, caretaker or interested adult to appear in court on  the  return
    46  date  to answer the petition. If the court deems a person a party to the
    47  proceeding pursuant to subdivision (c) of section one  thousand  ninety-
    48  four  of  this  article  and if such person is not before the court, the
    49  court shall cause a copy of the petition and a  summons  requiring  such
    50  person  to  appear in court on the return date be served on such person.
    51  If  the  commissioner  of  social  services  has  not   originated   the
    52  proceedings, the court shall cause a copy of the petition and summons to
    53  be  served  upon the commissioner of social services requiring that such
    54  commissioner or his or her designee appear in court on the return date.

        A. 3588                             3
 
     1    (2) Service of a summons and petition under this article shall be made
     2  by delivery of a true copy thereof to the person summoned at least twen-
     3  ty-four hours before the time stated therein for appearance.
     4    (3)  The  court  may send process without the state in the same manner
     5  and with the same effect as process sent within the state in  the  exer-
     6  cise  of  personal jurisdiction over any person subject to the jurisdic-
     7  tion of the court under section three hundred one or three  hundred  two
     8  of the civil practice law and rules, notwithstanding that such person is
     9  not  a  resident  or domiciliary of the state. Where service is effected
    10  outside of the state of New York  on  a  parent,  caretaker,  interested
    11  adult  or  person made a party to the proceeding pursuant to subdivision
    12  (c) of section one thousand ninety-four of this article and such  person
    13  defaults  by  failing to appear to answer the petition, the court may on
    14  its own motion, or upon application of any party or the attorney for the
    15  child proceed to a hearing pursuant to section one thousand  ninety-five
    16  of this article.
    17    (4)  If  after  reasonable  effort,  personal service is not made, the
    18  court may at any stage in the proceedings make an  order  providing  for
    19  substituted  service  in  the manner provided for substituted service in
    20  civil process in courts of record.
    21    § 2. Clauses (A) and (B) of  subparagraph  (iii)  of  paragraph  2  of
    22  subdivision  (a)  of section 1094 of the family court act, clause (A) as
    23  amended by chapter 3 of the laws of 2012 and  clause  (B)  as  added  by
    24  chapter 605 of the laws of 2011, are amended to read as follows:
    25    (A)  direct the [petitioner] commissioner of social services to inves-
    26  tigate whether there are any parents, caretakers  or  interested  adults
    27  not  named  in  the  petition  or  any other relatives or other suitable
    28  persons with whom the child may safely reside and,  if  so,  direct  the
    29  child to reside temporarily in their care; and
    30    (B)  if a relative or other suitable person seeks approval to care for
    31  the child as a foster parent, direct the  [petitioner]  commissioner  of
    32  social services to commence an investigation into the home of such rela-
    33  tive  and  thereafter approve such relative or other suitable person, if
    34  qualified, as a foster parent; provided, however, that if such  home  is
    35  found  to  be unqualified for approval, the petitioner shall report such
    36  fact to the court forthwith and, in the case of  a  relative  who  seeks
    37  approval  to  care  for  the  child as a foster parent, the relative may
    38  proceed in accordance with section one thousand twenty-eight-a  of  this
    39  act.
    40    § 3. This act shall take effect immediately.
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