Bill Text: NY S08809 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires final orders determining custody and visitation and permanency hearings to be made within six months following the initial petition.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-14 - REFERRED TO CHILDREN AND FAMILIES [S08809 Detail]

Download: New_York-2023-S08809-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8809

                    IN SENATE

                                     March 14, 2024
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the domestic relations law and the family court act,  in
          relation to orders for child custody

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

     1    Section 1. Subparagraph 4 of  paragraph  (a-1)  of  subdivision  1  of
     2  section  240 of the domestic relations law, as amended by chapter 295 of
     3  the laws of 2009, is amended to read as follows:
     4    (4) Notifying counsel and issuing orders. Upon consideration of  deci-
     5  sions  pursuant  to  article  ten  of the family court act, and registry
     6  reports and notifying counsel involved in  the  proceeding,  or  in  the
     7  event  of  a self-represented party, notifying such party of the results
     8  thereof, including any court appointed attorney for children, the  court
     9  may issue a temporary, successive temporary or final order of custody or
    10  visitation;  provided, that a final order of custody or visitation shall
    11  be issued within six months  following  the  preliminary  conference  or
    12  initial appearance on the petition.
    13    § 2. Paragraph 4 of subdivision (e) of section 651 of the family court
    14  act,  as  amended by chapter 295 of the laws of 2009, is amended to read
    15  as follows:
    16    4. Notifying counsel and issuing orders. Upon consideration  of  deci-
    17  sions  pursuant  to  article  ten  of this act, and registry reports and
    18  notifying counsel involved in the proceeding, or in the event of a self-
    19  represented party, notifying such party of the results thereof,  includ-
    20  ing  any  court  appointed  attorney for children, the court may issue a
    21  temporary, successive temporary or final order of custody or visitation;
    22  provided, that a final order of custody or visitation  shall  be  issued
    23  within  six  months  following  the  preliminary  conference  or initial
    24  appearance on the petition or order to show cause.
    25    § 3. Subdivision (a) of section 1089 of the family court act, as added
    26  by section 27 of part A of chapter 3 of the laws of 2005, paragraph 1 as
    27  amended by chapter 342 of the laws of 2010, paragraph 2  as  amended  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14342-01-4
        S. 8809                             2

     1  chapter  605  of the laws of 2011, paragraph 3 as amended by chapter 437
     2  of the laws of 2006, is amended to read as follows:
     3    (a)  Scheduling,  commencement  and completion of permanency hearings.
     4  (1) Children freed for adoption. (i) At the conclusion of  the  disposi-
     5  tional hearing at which the child was freed for adoption in a proceeding
     6  pursuant  to section three hundred eighty-three-c, three hundred eighty-
     7  four or three hundred eighty-four-b of  the  social  services  law,  the
     8  court  shall  set  a date certain for the initial freed child permanency
     9  hearing and advise all parties in court of the date set, except for  the
    10  respondent  or respondents. The permanency hearing shall be commenced no
    11  later than thirty days after the hearing at which the  child  was  freed
    12  and  shall  be completed within thirty days, unless the court determines
    13  to hold the permanency hearing immediately upon completion of the  hear-
    14  ing  at  which  the  child  was freed, provided adequate notice has been
    15  given.
    16    (ii) At the conclusion of the hearing pursuant to section one thousand
    17  ninety-one of this act where the court has  granted  the  motion  for  a
    18  former  foster  care  youth who was discharged from foster care due to a
    19  failure to consent to continuation of placement to return to the custody
    20  of the local commissioner of social services or other officer, board  or
    21  department  authorized  to receive children as public charges, the court
    22  shall set a date certain for a permanency hearing and advise all parties
    23  in court of the date set. The permanency hearing shall be  commenced  no
    24  later than thirty days after the hearing at which the former foster care
    25  youth was returned to foster care.
    26    (iii)  A  final  order of custody in a permanency hearing issued under
    27  this section shall be issued within six  months  following  the  initial
    28  permanency hearing.
    29    (2)  All  other  permanency hearings. At the conclusion of the hearing
    30  pursuant to section one thousand twenty-two, one thousand  twenty-seven,
    31  one  thousand  fifty-two, one thousand eighty-nine, one thousand ninety-
    32  one, one thousand ninety-four or one thousand ninety-five of this act at
    33  which the child was remanded or placed and upon the court's approval  of
    34  a  voluntary  placement  instrument  pursuant  to  section three hundred
    35  fifty-eight-a of the social services law, the court  shall  set  a  date
    36  certain  for  an initial permanency hearing, advise all parties in court
    37  of the date set and include the date in  the  order.  Orders  issued  in
    38  subsequent  court  hearings  prior to the permanency hearing, including,
    39  but not limited to, the order of placement issued  pursuant  to  section
    40  one  thousand fifty-five of this act, shall include the date certain for
    41  the permanency hearing. The final order in the initial permanency  hear-
    42  ing  shall  be [commenced] issued no later than six months from the date
    43  [which is sixty days after] the child was removed from his or her home[;
    44  provided, however, that if a sibling or half-sibling of  the  child  has
    45  previously  been removed from the home and has a permanency hearing date
    46  certain scheduled within the next eight months, the  permanency  hearing
    47  for  each child subsequently removed from the home shall be scheduled on
    48  the same date certain that has been set for the first child removed from
    49  the home, unless such sibling or half-sibling has been removed from  the
    50  home  pursuant  to  article  three  or seven of this act. The permanency
    51  hearing shall be completed within thirty  days  of  the  scheduled  date
    52  certain].
    53    (3)  Subsequent  permanency hearings for a child who continues in out-
    54  of-home placement or who is freed for adoption shall be scheduled for  a
    55  date certain which shall be no later than six months from the completion
    56  of  the previous permanency hearing and such subsequent permanency hear-
        S. 8809                             3

     1  ings shall be completed within thirty days of the date certain  set  for
     2  such hearings.
     3    §  4.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law and shall apply to proceedings commenced on and  after
     5  such date.