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S04203 Summary:

S04203 Actions:

S04203 Committee Votes:

S04203 Floor Votes:

S04203 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4203--A
            Cal. No. 764
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      March 4, 2019
                                       ___________
 
        Introduced  by  Sens.  SAVINO, MONTGOMERY, RIVERA, SALAZAR -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Children and Families -- reported favorably  from  said  committee,
          ordered  to  first  and  second  report,  ordered  to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT  to  amend  the family court act and the social services law, in
          relation to orders committing guardianship and custody of a child
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 634 of the family court act, as amended by chapter
     2  666 of the laws of 1976, is amended to read as follows:
     3    § 634. Commitment of guardianship and  custody;  further  orders.  The
     4  court may enter an order under section six hundred thirty-one committing
     5  the  guardianship  and  custody  of  the child to the petitioner on such
     6  conditions, if any, as it deems proper, including but not limited to, an
     7  order of post-termination visitation and/or contact pursuant to  section
     8  three hundred eighty-four-b of the social services law.
     9    §  2.  Section  384-b  of the social services law is amended by adding
    10  three new subdivisions 14, 15 and 16 to read as follows:
    11    14. Upon application by any party to a proceeding under this  section,
    12  the  court  shall  conduct  a post-termination visitation and/or contact
    13  hearing, which may be held concurrently with a dispositional hearing.
    14    (a) Parents and subject children who are parties  to  the  termination
    15  proceeding under article six of the family court act or this section, as
    16  well  as the subject child's foster parents, or kinship caregiver, shall
    17  have notice of and standing to participate in the  best  interest  post-
    18  termination visitation and/or contact hearing.
    19    (b) The applicant shall have the burden of proof that post-termination
    20  visitation and/or contact is in the child's best interest.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00489-03-9
        S. 4203--A                          2
 
     1    (c)  The  court  may  grant  the  application and include in the order
     2  committing the guardianship and custody of  a  child  pursuant  to  this
     3  section, the granting of visitation and/or contact to the parent, custo-
     4  dian,  half  sibling  and/or  sibling  who is a party to the proceeding,
     5  provided  such  visitation and/or contact with the child is found by the
     6  court to be in the best interest of the child. If  the  application  for
     7  post-termination contact is denied after this dispositional hearing, the
     8  applicant  shall  not have standing to bring the same application in any
     9  other proceeding regarding the same child. However, if the court  grants
    10  any  visitation and/or contact, an application to modify the order, upon
    11  a showing of substantial change in circumstances, may still be brought.
    12    (d) The court shall have discretion, depending on the best interest of
    13  the child, to determine the  level  of  supervision  of  any  visitation
    14  and/or contact.
    15    (e)  The court in its order shall indicate such person or persons that
    16  were given notice of the proceeding and whether such person  or  persons
    17  appeared.
    18    15.  All parties to a post-termination visitation and/or contact order
    19  pursuant to subdivision fourteen of this section, as well as any  person
    20  who  subsequently becomes the child's legal guardian, custodian or adop-
    21  tive parent, may move the court to enforce  or  modify  the  order.  Any
    22  modification  shall  be  based  on  a showing of a substantial change in
    23  circumstances and the best interests of the child.
    24    16. Nothing in subdivision fourteen or fifteen of this  section  shall
    25  be  construed  to  limit the rights of half siblings or siblings to seek
    26  contact pursuant to subdivision nine of this section or  section  seven-
    27  ty-one of the domestic relations law following a termination of parental
    28  rights or adoption.
    29    §  3.  This  act shall take effect on the thirtieth day after it shall
    30  have become a law.