Bill Text: NY A02199 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to orders committing guardianship and custody of a child; enacts provisions relating to post-termination visitation or contact.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Vetoed) 2019-12-20 - VETOED MEMO.268 [A02199 Detail]

Download: New_York-2019-A02199-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2199
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by M. of A. JOYNER, DAVILA, JAFFEE -- read once and referred
          to the Committee on Judiciary
        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  four new subdivisions 14, 15, 16 and 17 to read as follows:
    11    14.  Upon application of any party to a proceeding under this section,
    12  an order committing the guardianship and custody of a child pursuant  to
    13  this  section  may  include the granting of visitation and/or contact to
    14  the parent, custodian, and/or sibling who is a party to the  proceeding,
    15  provided  such  visitation and/or contact with the child is found by the
    16  court to be in the best interest of the  child.  The  court  shall  have
    17  discretion,  depending  on  the best interest of the child, to determine
    18  the level of supervision of any visitation and/or contact.
    19    15. Parents and subject children who are parties  to  the  termination
    20  proceeding  under  article six of the family court act and this section,
    21  as well as the subject child's foster parents, shall have notice of  and
    22  standing to participate in the best interest post-termination visitation
    23  and/or contact hearing.
    24    16.  All parties to a post-termination visitation and/or contact order
    25  pursuant to subdivision fourteen of this section, as well as any  person
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00489-01-9
        A. 2199                             2
     1  who  subsequently becomes the child's legal guardian, custodian or adop-
     2  tive parent, may move the court to enforce  or  modify  the  order.  Any
     3  modification  shall  be  based  on  a showing of good cause and the best
     4  interests of the child.
     5    17.  Nothing  in  subdivisions  fourteen,  fifteen  or sixteen of this
     6  section shall be construed to limit  the  rights  of  siblings  to  seek
     7  contact  pursuant  to subdivision nine of this section or section seven-
     8  ty-one of the domestic relations law following a termination of parental
     9  rights or adoption.
    10    § 3. This act shall take effect on the thirtieth day  after  it  shall
    11  have become a law.