STATE OF NEW YORK
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4836
2017-2018 Regular Sessions
IN SENATE
March 2, 2017
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Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Children and Families
AN ACT to amend the family court act, in relation to provision of
services and assistance to respondent parents during the pendency of
child protective 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. Subdivision (d) of section 1027 of the family court act, as
2 amended by chapter 567 of the laws of 2015, is amended to read as
3 follows:
4 (d) Upon such hearing, the court may, for good cause shown, release
5 the child to his or her non-respondent parent or [other person legally
6 responsible for his or her care] non-respondent legal custodian or may
7 temporarily place the child with a relative or suitable person, pending
8 a final order of disposition or termination of the proceeding, whichever
9 is earlier, in accord with subparagraph (ii) of paragraph (a) of subdi-
10 vision two and subdivision three of section one thousand seventeen of
11 this article. Alternatively, upon such hearing, if the court determines
12 that the child should be returned or released to a respondent parent or
13 respondent person legally responsible pending a final order of disposi-
14 tion or termination of the proceeding, whichever is earlier, the court
15 may also direct the child protective agency to provide or arrange for
16 the provision of appropriate services or assistance to the respondent
17 pursuant to section one thousand fifteen-a of this article and may moni-
18 tor the respondent's compliance with such services and assistance.
19 § 2. Section 1028 of the family court act is amended by adding a new
20 subdivision (g) to read as follows:
21 (g) If the court determines that the child should be returned to the
22 respondent parent or respondent person legally responsible pending a
23 final order of disposition or termination of the proceeding, whichever
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10182-01-7
S. 4836 2
1 is earlier, the court may direct the child protective agency to provide
2 or arrange for the provision of appropriate services or assistance to
3 the respondent pursuant to section one thousand fifteen-a of this arti-
4 cle and may monitor the respondent's compliance with such services and
5 assistance.
6 § 3. This act shall take effect immediately.
