Bill Text: NY A02599 | 2013-2014 | General Assembly | Introduced

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

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Bill Title: Relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed - Dead) 2014-01-22 - REFERRED TO CHILDREN AND FAMILIES [A02599 Detail]

Download: New_York-2013-A02599-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2599
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2013
                                      ___________
       Introduced  by  M.  of A. PAULIN, JAFFEE, SCARBOROUGH, MILLMAN, ROBERTS,
         LAVINE, ROBINSON, GALEF, TITONE, ABINANTI, HOOPER  --  Multi-Sponsored
         by -- M. of A. GABRYSZAK, GIBSON -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on Children
         and Families
       AN  ACT  to  amend  the family court act and the social services law, in
         relation to notice of indicated  reports  of  child  maltreatment  and
         changes  of  placement  in  child protective and voluntary foster care
         placement and review proceedings; and to repeal certain provisions  of
         the family court act, in relation to technical changes thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1017 of the family court act is amended by adding a
    2  new subdivision 5 to read as follows:
    3    5. IN ANY CASE IN WHICH AN ORDER HAS  BEEN  ISSUED  PURSUANT  TO  THIS
    4  ARTICLE  REMANDING OR PLACING A CHILD IN THE CUSTODY OF THE LOCAL SOCIAL
    5  SERVICES DISTRICT, THE SOCIAL SERVICES  OFFICIAL  OR  AUTHORIZED  AGENCY
    6  CHARGED WITH CUSTODY OF THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN
    7  PLACEMENT  TO  THE  ATTORNEYS  FOR  THE PARTIES AND THE ATTORNEY FOR THE
    8  CHILD NOT LATER THAN TEN DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN  WHICH
    9  THE  CHILD IS MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE
   10  HAS BEEN PLACED OR IN WHICH THE FOSTER PARENTS MOVE OUT  OF  STATE  WITH
   11  THE  CHILD;  PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACE-
   12  MENT ON AN EMERGENCY BASIS IS REQUIRED, THE REPORT SHALL BE  TRANSMITTED
   13  NO  LATER  THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS
   14  BEEN MADE. EACH REPORT SHALL STATE THE ANTICIPATED DATE OF  THE  CHANGE,
   15  THE  GROUNDS  FOR THE OFFICIAL'S OR AGENCY'S CONCLUSION THAT SUCH CHANGE
   16  IS IN THE BEST INTERESTS OF THE CHILD  AND  CONTACT  INFORMATION  FOR  A
   17  SOCIAL  SERVICES  OR AGENCY OFFICIAL WHO MAY BE CONTACTED FOR ADDITIONAL
   18  INFORMATION. THE SOCIAL SERVICES OFFICIAL  OR  AUTHORIZED  AGENCY  SHALL
   19  ALSO  SUBMIT  A REPORT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03045-01-3
       A. 2599                             2
    1  FOR THE CHILD OF ANY INDICATED REPORT OF  CHILD  ABUSE  OR  MALTREATMENT
    2  WHERE  THE CHILD OR ANOTHER CHILD IN THE SAME HOME IS THE SUBJECT WITHIN
    3  FIVE DAYS OF THE INDICATION OF THE REPORT. THE OFFICIAL  OR  AGENCY  MAY
    4  PROTECT  THE  CONFIDENTIALITY  OF  IDENTIFYING  OR  ADDRESS  INFORMATION
    5  REGARDING THE FOSTER OR PROSPECTIVE ADOPTIVE PARENTS. REPORTS UNDER THIS
    6  PARAGRAPH MAY BE TRANSMITTED IN WRITING, BY ELECTRONIC MEANS OR  ON  THE
    7  RECORD DURING PROCEEDINGS IN FAMILY COURT.
    8    S  2.  Subparagraph (E) of paragraph (i) of subdivision (b) of section
    9  1055 of the family court act, as amended by chapter 41 of  the  laws  of
   10  2010, is REPEALED.
   11    S  3.  Section 1055 of the family court act is amended by adding a new
   12  subdivision (j) to read as follows:
   13    (J) IN ANY CASE IN WHICH AN ORDER HAS BEEN  ISSUED  PURSUANT  TO  THIS
   14  SECTION  PLACING  A  CHILD  IN THE CUSTODY OF THE COMMISSIONER OF SOCIAL
   15  SERVICES, THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY CHARGED WITH
   16  CUSTODY OF THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO
   17  THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD  NOT  LATER
   18  THAN  TEN  DAYS  PRIOR  TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS
   19  MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH  HE  OR  SHE  HAS  BEEN
   20  PLACED  OR IN WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD;
   21  PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE  OF  PLACEMENT  ON  AN
   22  EMERGENCY  BASIS  IS  REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER
   23  THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE.
   24  EACH REPORT SHALL STATE THE ANTICIPATED DATE OF THE CHANGE, THE  GROUNDS
   25  FOR  THE  OFFICIAL'S  OR  AGENCY'S CONCLUSION THAT SUCH CHANGE IS IN THE
   26  BEST INTERESTS OF  THE  CHILD  AND  CONTACT  INFORMATION  FOR  A  SOCIAL
   27  SERVICES OR AGENCY OFFICIAL WHO MAY BE CONTACTED FOR ADDITIONAL INFORMA-
   28  TION.  THE  SOCIAL  SERVICES  OFFICIAL  OR  AUTHORIZED AGENCY SHALL ALSO
   29  SUBMIT A REPORT TO THE ATTORNEYS FOR THE PARTIES AND  THE  ATTORNEY  FOR
   30  THE  CHILD  OF ANY INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT WHERE
   31  THE CHILD OR ANOTHER CHILD IN THE SAME HOME IS THE SUBJECT  WITHIN  FIVE
   32  DAYS OF THE INDICATION OF THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT
   33  THE  CONFIDENTIALITY OF IDENTIFYING OR ADDRESS INFORMATION REGARDING THE
   34  FOSTER OR PROSPECTIVE ADOPTIVE PARENTS. REPORTS UNDER THIS PARAGRAPH MAY
   35  BE TRANSMITTED IN WRITING, BY ELECTRONIC MEANS OR ON THE  RECORD  DURING
   36  PROCEEDINGS IN FAMILY COURT.
   37    S  4.  Subparagraph (vii) of paragraph 2 of subdivision (d) of section
   38  1089 of the family court act is amended by adding a new  clause  (H)  to
   39  read as follows:
   40    (H) A DIRECTION THAT THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY
   41  CHARGED  WITH CARE AND CUSTODY OR GUARDIANSHIP AND CUSTODY OF THE CHILD,
   42  AS APPLICABLE, REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE  ATTOR-
   43  NEYS  FOR  THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN
   44  DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS  MOVED  FROM
   45  THE  FOSTER  HOME  OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED OR IN
   46  WHICH THE FOSTER PARENTS MOVE OUT OF STATE  WITH  THE  CHILD;  PROVIDED,
   47  HOWEVER,  THAT  WHERE  AN  IMMEDIATE CHANGE OF PLACEMENT ON AN EMERGENCY
   48  BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED  NO  LATER  THAN  THE
   49  NEXT  BUSINESS  DAY  AFTER  SUCH CHANGE IN PLACEMENT HAS BEEN MADE. EACH
   50  REPORT SHALL STATE THE ANTICIPATED DATE OF THE CHANGE, THE  GROUNDS  FOR
   51  THE  OFFICIAL'S  OR  AGENCY'S CONCLUSION THAT SUCH CHANGE IS IN THE BEST
   52  INTERESTS OF THE CHILD AND CONTACT INFORMATION FOR A SOCIAL SERVICES  OR
   53  AGENCY  OFFICIAL  WHO  MAY  BE CONTACTED FOR ADDITIONAL INFORMATION. THE
   54  SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT
   55  TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD  OF  ANY
   56  INDICATED  REPORT  OF  CHILD  ABUSE  OR  MALTREATMENT WHERE THE CHILD OR
       A. 2599                             3
    1  ANOTHER CHILD IN THE SAME HOME IS THE SUBJECT WITHIN FIVE  DAYS  OF  THE
    2  INDICATION  OF THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFI-
    3  DENTIALITY OF IDENTIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR
    4  PROSPECTIVE  ADOPTIVE PARENTS. REPORTS UNDER THIS PARAGRAPH SHALL NOT BE
    5  SENT TO ATTORNEYS FOR BIRTH PARENTS  WHOSE  PARENTAL  RIGHTS  HAVE  BEEN
    6  TERMINATED  OR  WHO  HAVE  SURRENDERED  THEIR CHILD OR CHILDREN. REPORTS
    7  UNDER THIS PARAGRAPH MAY BE TRANSMITTED IN WRITING, BY ELECTRONIC  MEANS
    8  OR ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT; AND
    9    S  5.  Subdivision  3  of  section 358-a of the social services law is
   10  amended by adding a new paragraph (g) to read as follows:
   11    (G) IN ANY CASE IN WHICH AN ORDER HAS BEEN  ISSUED  PURSUANT  TO  THIS
   12  SECTION  APPROVING  A  FOSTER  CARE  PLACEMENT  INSTRUMENT,  THE  SOCIAL
   13  SERVICES OFFICIAL OR AUTHORIZED AGENCY CHARGED WITH CUSTODY OF THE CHILD
   14  SHALL REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO  THE  ATTORNEYS  FOR
   15  THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN DAYS PRIOR
   16  TO  SUCH  CHANGE IN ANY CASE IN WHICH THE CHILD IS MOVED FROM THE FOSTER
   17  HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED  OR  IN  WHICH  THE
   18  FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD; PROVIDED, HOWEVER, THAT
   19  WHERE  AN  IMMEDIATE  CHANGE  OF  PLACEMENT  ON  AN  EMERGENCY  BASIS IS
   20  REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER THAN THE  NEXT  BUSI-
   21  NESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE. EACH REPORT SHALL
   22  STATE THE ANTICIPATED DATE OF THE CHANGE, THE GROUNDS FOR THE OFFICIAL'S
   23  OR  AGENCY'S CONCLUSION THAT SUCH CHANGE IS IN THE BEST INTERESTS OF THE
   24  CHILD AND CONTACT INFORMATION FOR A SOCIAL SERVICES OR  AGENCY  OFFICIAL
   25  WHO  MAY  BE  CONTACTED  FOR ADDITIONAL INFORMATION. THE SOCIAL SERVICES
   26  OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT TO  THE  ATTOR-
   27  NEYS  FOR  THE  PARTIES  AND THE ATTORNEY FOR THE CHILD OF ANY INDICATED
   28  REPORT OF CHILD ABUSE OR MALTREATMENT WHERE THE CHILD OR  ANOTHER  CHILD
   29  IN  THE  SAME  HOME IS THE SUBJECT WITHIN FIVE DAYS OF THE INDICATION OF
   30  THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT  THE  CONFIDENTIALITY  OF
   31  IDENTIFYING  OR  ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE
   32  ADOPTIVE PARENTS.  REPORTS UNDER THIS PARAGRAPH MAY  BE  TRANSMITTED  IN
   33  WRITING,  BY  ELECTRONIC  MEANS  OR  ON THE RECORD DURING PROCEEDINGS IN
   34  FAMILY COURT.
   35    S 6. This act shall take effect immediately,  provided  that  sections
   36  one,  three, four and five of this act shall take effect on the sixtieth
   37  day after it shall have become a law; provided,  however,  that  section
   38  two of this act shall be deemed to have taken effect on the same date as
   39  section  1  of chapter 342 of the laws of 2010, took effect; and, effec-
   40  tive immediately, the addition, amendment and/or repeal of any  rule  or
   41  regulation necessary for the implementation of this act on its effective
   42  date is authorized and directed to be completed on or before such effec-
   43  tive date.