Bill Text: NY S01652 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 1652 (Prior Session Legislation)

Introduced

Bill Title: Authorizes court to order a social services official to provide such funds as may be legally available for housing to a parent of a child in foster care or to be placed in foster care where the sole reason for such placement is the lack of affordable housing, provided that the amount of such funds does not exceed 50% of the cost of foster care.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CHILDREN AND FAMILIES [S01652 Detail]

Download: New_York-2009-S01652-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1652
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2009
                                      ___________
       Introduced  by  Sens. DILAN, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON, HUNT-
         LEY, KRUEGER, KRUGER, MONTGOMERY, ONORATO, PARKER, SAMPSON, SCHNEIDER-
         MAN, STAVISKY, THOMPSON -- read twice and ordered  printed,  and  when
         printed to be committed to the Committee on Children and Families
       AN  ACT  to  amend  the social services law and the family court act, in
         relation to foster care review and the extension of placement in child
         protective proceedings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 3 of section 358-a of the social services law
    2  is amended by adding a new paragraph (g) to read as follows:
    3    (G) IF THE COURT DETERMINES THAT LACK OF ADEQUATE HOUSING IS THE  SOLE
    4  REASON  PREVENTING  THE  RETURN  OF THE CHILD TO THE HOME, THE COURT MAY
    5  ORDER A SOCIAL SERVICES OFFICIAL TO PROVIDE FUNDS  FOR  HOUSING  TO  THE
    6  PARENTS OR PERSON LEGALLY RESPONSIBLE FOR THE CHILD OR TO SUCH PERSON AS
    7  THE  COURT MAY DIRECT FROM SUCH FUNDS AS MAY BE LEGALLY AVAILABLE. IN NO
    8  EVENT SHALL THE FUNDS SO PROVIDED BE GREATER THAN FIFTY PERCENT  OF  THE
    9  AMOUNT THAT WOULD BE EXPENDED WERE THE CHILD TO BE IN FOSTER CARE DURING
   10  A PERIOD DESIGNATED IN SAID ORDER.
   11    S 2. The social services law is amended by adding a new section 392 to
   12  read as follows:
   13    S 392. PROVISION OF ADEQUATE HOUSING.  IN CASES WHERE THE COURT DETER-
   14  MINES  THAT  THE CHILD'S REMOVAL FROM FOSTER CARE AND RETURN TO THE HOME
   15  IS PREVENTED SOLELY BY LACK OF ADEQUATE HOUSING, THE COURT MAY  ORDER  A
   16  SOCIAL  SERVICES OFFICIAL TO PROVIDE FUNDS FOR HOUSING TO THE PARENTS OR
   17  PERSON LEGALLY RESPONSIBLE FOR THE CHILD OR TO SUCH PERSON AS THE  COURT
   18  MAY  DIRECT  FROM  SUCH  FUNDS  AS MAY BE LEGALLY AVAILABLE. IN NO EVENT
   19  SHALL THE FUNDS SO ORDERED BE GREATER THAN FIFTY PERCENT OF  THE  AMOUNT
   20  THAT  WOULD  BE  EXPENDED  WERE  THE CHILD TO BE IN FOSTER CARE DURING A
   21  PERIOD DESIGNATED IN SAID ORDER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05023-01-9
       S. 1652                             2
    1    S 3. Subdivision (c) of section 1055 of the family court act, as added
    2  by chapter 437 of the laws of 2006, is amended to read as follows:
    3    (c)  In  addition to or in lieu of an order of placement made pursuant
    4  to subdivision (b) of this section, the court may make an order  direct-
    5  ing  a  child  protective agency, social services official or other duly
    6  authorized  agency  to  undertake  diligent  efforts  to  encourage  and
    7  strengthen the parental relationship when it finds such efforts will not
    8  be  detrimental  to  the best interests of the child. Such efforts shall
    9  include encouraging and facilitating visitation with the  child  by  the
   10  parent  or  other  person legally responsible for the child's care. Such
   11  order may include a specific plan of action for such agency or  official
   12  including, but not limited to, requirements that such agency or official
   13  assist  the  parent  or other person responsible for the child's care in
   14  obtaining adequate housing,  employment,  counseling,  medical  care  or
   15  psychiatric  treatment.  Such  order  shall also include encouraging and
   16  facilitating visitation with the child by the non-custodial  parent  and
   17  grandparents  who  have  obtained  orders pursuant to part eight of this
   18  article, and may include encouraging and  facilitating  visitation  with
   19  the child by the child's siblings.  IF THE COURT DETERMINES THAT LACK OF
   20  ADEQUATE  HOUSING  IS THE SOLE REASON PREVENTING THE RETURN OF THE CHILD
   21  TO THE HOME, THE COURT MAY ORDER A SOCIAL SERVICES OFFICIAL  TO  PROVIDE
   22  FUNDS  FOR  HOUSING TO THE PARENTS OR PERSON LEGALLY RESPONSIBLE FOR THE
   23  CHILD OR TO SUCH PERSON AS THE COURT MAY DIRECT FROM SUCH FUNDS  AS  MAY
   24  BE LEGALLY AVAILABLE. IN NO EVENT SHALL THE FUNDS SO PROVIDED BE GREATER
   25  THAN  FIFTY  PERCENT OF THE AMOUNT THAT WOULD BE EXPENDED WERE THE CHILD
   26  TO BE IN FOSTER CARE DURING A PERIOD DESIGNATED IN SAID  ORDER.  Nothing
   27  in  this subdivision shall be deemed to limit the authority of the court
   28  to make an order pursuant to section two hundred fifty-five of this act.
   29    S 4. This act shall take effect immediately.