Bill Text: NY S06405 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that upon the application of a relative to become a foster parent of a child in foster care, the court shall hold a hearing to determine whether the child should be placed with a relative in foster care only if the person is related to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law and if other circumstances are present.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-10-29 - SIGNED CHAP.434 [S06405 Detail]

Download: New_York-2019-S06405-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6405

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules

        AN ACT to amend the family court act, in relation to an application of a
          relative to become a foster parent

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 1028-a of the family court act, as added by chapter
     2  671 of the laws of 2005, paragraphs (iii) and (v) of subdivision (a) and
     3  subdivision (c) as amended by chapter 12 of the laws of 2006, is amended
     4  to read as follows:
     5    §  1028-a.  Application  of  a relative to become a foster parent. (a)
     6  Upon the application of a relative to become a foster parent of a  child
     7  in  foster  care,  the  court  shall,  subject to the provisions of this
     8  subdivision, hold a hearing to determine whether  the  child  should  be
     9  placed  with  a relative in foster care. Such hearing shall only be held
    10  if:
    11    (i) the [relative] person is  related  [within  the  third  degree  of
    12  consanguinity  to  either  parent] to the child as described under para-
    13  graph (a), (b), or (c) of subdivision  three  of  section  four  hundred
    14  fifty-eight-a of the social services law;
    15    (ii) the child has been temporarily removed under this part, or placed
    16  pursuant  to section one thousand fifty-five of this article, and placed
    17  in non-relative foster care;
    18    (iii) the relative indicates a willingness to become the foster parent
    19  for such child and has not refused previously  to  be  considered  as  a
    20  foster  parent  or  custodian  of  the child, provided, however, that an
    21  inability to provide immediate care for the  child  due  to  a  lack  of
    22  resources  or  inadequate  housing,  educational  or  other arrangements
    23  necessary to care appropriately for the child  shall  not  constitute  a
    24  previous refusal;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13095-02-9
        S. 6405                             2

     1    (iv) the local social services district has refused to place the child
     2  with the relative for reasons other than the relative's failure to qual-
     3  ify  as  a  foster  parent  pursuant to the regulations of the office of
     4  children and family services; and
     5    (v)  the  application  is  brought within six months from the date the
     6  relative received notice that the child was being removed  or  had  been
     7  removed  from  his  or her home and no later than twelve months from the
     8  date that the child was removed.
     9    (b) The court shall give due consideration  to  such  application  and
    10  shall make the determination as to whether the child should be placed in
    11  foster care with the relative based on the best interests of the child.
    12    (c)  After  such  hearing,  if  the court determines that placement in
    13  foster care with the relative is in the best interests of the child, the
    14  court shall direct the local commissioner of social  services,  pursuant
    15  to  regulations  of  the  office  of  children  and  family services, to
    16  commence an investigation of the home of the relative within twenty-four
    17  hours and thereafter expedite approval or certification  of  such  rela-
    18  tive,  if  qualified,  as  a  foster parent. No child, however, shall be
    19  placed with a relative prior to final approval or certification of  such
    20  relative as a foster parent.
    21    § 2. This act shall take effect immediately.