Bill Text: NY S07707 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to the supervision of persons with custody of protected children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-10 - PRINT NUMBER 7707A [S07707 Detail]

Download: New_York-2013-S07707-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7707--A
                                   I N  S E N A T E
                                     June 2, 2014
                                      ___________
       Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and  Families  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the family court act, in relation to the supervision  of
         persons with custody of protected children
         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 1017 of the family court  act,  as
    2  added by chapter 519 of the laws of 2008, is amended to read as follows:
    3    3.  An order placing a child with a relative, A NON-RESPONDENT PARENT,
    4  or other suitable person pursuant to this section  may  not  be  granted
    5  unless  the  [relative  or  other  suitable person] PERSON WITH WHOM THE
    6  CHILD HAS BEEN DIRECTLY PLACED  consents  to  the  jurisdiction  of  the
    7  court.  The  court  may  place  the  person with whom the child has been
    8  directly placed under supervision during the pendency of the proceeding.
    9  Such supervision shall be provided by a child protective agency,  social
   10  services  official or duly authorized agency. The court also may issue a
   11  temporary order of protection under subdivision (f) of section one thou-
   12  sand twenty-two, section one thousand twenty-three or section one  thou-
   13  sand  twenty-nine of this article. An order of supervision issued pursu-
   14  ant to this subdivision shall set forth the terms  and  conditions  that
   15  the  relative,  NON-RESPONDENT  PARENT, or suitable person must meet and
   16  the actions that the child protective agency, social  services  official
   17  or duly authorized agency must take to exercise such supervision.
   18    S  2.  Subdivision  (a)  of  section  1054 of the family court act, as
   19  amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
   20  follows:
   21    (a)  If  the order of disposition releases the child to the custody of
   22  his or her parent or other person legally responsible  for  his  or  her
   23  care  at the time of the filing of the petition, the court may place the
   24  person to whose custody the child is released  under  supervision  of  a
   25  child protective agency or of a social services official or duly author-
   26  ized agency, or may enter an order of protection under section one thou-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15449-02-4
       S. 7707--A                          2
    1  sand  fifty-six  OF  THIS PART, or both. An order of supervision entered
    2  under this section shall set forth the  terms  and  conditions  of  such
    3  supervision  that  the  [respondent]  PERSON OR PERSONS AGAINST WHOM THE
    4  ORDER  IS  ENTERED  must  meet and the actions that the child protective
    5  agency, social services official or duly authorized agency must take  to
    6  exercise  such  supervision. Except as provided for herein, in any order
    7  issued pursuant to this section, the court may require the child protec-
    8  tive agency to make progress reports to the court, the parties, and  the
    9  child's attorney on the implementation of such order. Where the order of
   10  disposition  is  issued  upon the consent of the parties and the child's
   11  attorney, such agency shall report to the court,  the  parties  and  the
   12  child's  attorney  no  later  than ninety days after the issuance of the
   13  order, unless the court determines that the facts and  circumstances  of
   14  the case do not require such report to be made.
   15    S 3. This act shall take effect immediately.
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