Bill Text: NY S04836 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the provision of services and assistance to respondent parents during the pendency of child protective proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-06-19 - referred to judiciary [S04836 Detail]

Download: New_York-2017-S04836-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4836
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 2, 2017
                                       ___________
        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.
feedback