S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8223

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M.  of  A.  TITUS, SCARBOROUGH, CASTRO, COOK, ESPAILLAT,
  JAFFEE, PERRY, REILLY, ROSENTHAL, STIRPE, ROBINSON --  Multi-Sponsored
  by  --  M. of A. BARRON, EDDINGTON, JOHN, McENENY, MENG, NOLAN, TOWNS,
  WEISENBERG -- (at  request  of  the  Office  of  Children  and  Family
  Services)  --  read once and referred to the Committee on Children and
  Families

AN ACT to amend the social services law and the  family  court  act,  in
  relation  to  permanency  for  destitute  children,  reinstatement  of
  parental  relationships  and  enhancement  of  supervised  independent
  living  programs;  and  to  repeal  certain  provisions  of the social
  services law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 371 of the social services law, as
amended  by  chapter  722  of  the  laws  of 1978, is amended to read as
follows:
  3. "Destitute child" means a child who[, through  no  neglect  on  the
part of its parent, guardian or custodian, is
  (a) destitute or homeless, or
  (b)]  IS  NOT SUBJECT TO ARTICLE TEN OF THE FAMILY COURT ACT; IS UNAC-
COMPANIED BY A PARENT OR OTHER LEGALLY RESPONSIBLE ADULT; AND IS  EITHER
in  a  state of want or suffering due to lack of sufficient food, cloth-
ing, [or] shelter, or medical or surgical care, or
  [(c) a person under the age of eighteen years who is absent  from  his
legal  residence  without  the  consent of his parent, legal guardian or
custodian, or
  (d) a person under the age of eighteen who]  is  without  a  place  of
shelter where APPROPRIATE supervision and care are available.
  S  2.  Subdivision  3  of section 374-b of the social services law, as
added by chapter 160 of the laws of 2004, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07445-02-9

              

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  3. An authorized agency that has received approval from the office  of
children and family services may operate a supervised independent living
program,  as defined in section three hundred seventy-one of this title.
The office of children and family services shall promulgate  regulations
establishing  the  standards  for  approval  and operation of supervised
independent living programs.  AN AUTHORIZED AGENCY SHALL NOT BE REQUIRED
TO NOTIFY THE MUNICIPALITY IN ACCORDANCE WITH SUBDIVISION  TWO  OF  THIS
SECTION  WHEN  ESTABLISHING A SUPERVISED INDEPENDENT LIVING PROGRAM OR A
SUPERVISED INDEPENDENT LIVING UNIT.
  S 3. The section heading of section 384-b of the social services  law,
as  added  by  chapter  666  of  the laws of 1976, is amended to read as
follows:
  Guardianship and custody of destitute or dependent  children;  commit-
ment by court order; VACATUR OF COMMITMENT.
  S  4.  Section 384-b of the social services law is amended by adding a
new subdivision 13 to read as follows:
  13. A PETITION TO VACATE AN ORDER OF DISPOSITION COMMITTING THE  GUAR-
DIANSHIP  AND  CUSTODY OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMI-
NATED MAY BE BROUGHT IN ACCORDANCE WITH PART ONE-A OF ARTICLE SIX OF THE
FAMILY COURT ACT.
  S 5. The social services law is amended by adding a new section  384-d
to read as follows:
  S  384-D.  CARE  AND  CUSTODY  OF DESTITUTE CHILDREN. 1. INITIATION OF
JUDICIAL PROCEEDING. A SOCIAL SERVICES COMMISSIONER SHALL, WITHIN  FOUR-
TEEN  DAYS  OF  ACCEPTING  THE  CARE  AS  A PUBLIC CHARGE OF A CHILD WHO
APPEARS TO BE A DESTITUTE CHILD, FILE A PETITION  IN  THE  FAMILY  COURT
ALLEGING  THAT  THE  CHILD  IS A DESTITUTE CHILD AND REQUESTING THAT THE
COURT PLACE THE CHILD IN THE TEMPORARY CARE AND CUSTODY OF SUCH  COMMIS-
SIONER  WHILE  AN  INVESTIGATION  IS  COMMENCED TO DETERMINE WHETHER THE
CHILD IS AN ABUSED OR NEGLECTED CHILD SUBJECT TO THE PROVISIONS OF ARTI-
CLE TEN OF THE FAMILY COURT ACT OR  A  DESTITUTE  CHILD  AS  DEFINED  IN
SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE.
  2.  CONTENTS OF PETITION.  THE PETITION SHALL ALLEGE THE BASIS FOR THE
BELIEF THAT THE CHILD IS A DESTITUTE CHILD; WHETHER THE  WHEREABOUTS  OF
THE  PARENT,  PARENTS, GUARDIAN, OR OTHER PERSON LEGALLY RESPONSIBLE ARE
KNOWN, AND IF SO, THE ALLEGED ADDRESS OF THAT PERSON,  ANY  OTHER  KNOWN
PERSONS  LEGALLY  RESPONSIBLE  FOR THE CHILD, AND ANY OTHER RELATIVES OF
THE CHILD. THE PETITION SHALL CONTAIN  A  NOTICE  IN  CONSPICUOUS  PRINT
PROVIDING  THAT  IF  THE CHILD REMAINS IN FOSTER CARE FOR FIFTEEN OF THE
TWENTY-TWO MONTHS THAT FOLLOW, THE AGENCY MAY BE REQUIRED BY LAW TO FILE
A PETITION TO TERMINATE PARENTAL RIGHTS. THE  PETITION  SHALL  ALSO  SET
FORTH  THE  EFFORTS  THAT WERE MADE, PRIOR TO THE PLACEMENT OF THE CHILD
INTO FOSTER CARE, TO PREVENT REMOVAL OF THE CHILD FROM HIS OR  HER  HOME
AND THE EFFORTS WHICH WERE MADE, PRIOR TO THE FILING OF THE PETITION, TO
MAKE  IT  POSSIBLE  FOR THE CHILD TO RETURN SAFELY HOME. IF SUCH EFFORTS
WERE NOT MADE, THE PETITION  SHALL  SET  FORTH  THE  REASONS  WHY  THESE
EFFORTS WERE NOT MADE. THE PETITION SHALL REQUEST THAT A TEMPORARY ORDER
BE  MADE  TRANSFERRING  THE  CARE AND CUSTODY OF THE CHILD TO THE SOCIAL
SERVICES OFFICIAL.
  3. INITIAL APPEARANCE. AT THE INITIAL APPEARANCE:
  (A) THE COURT SHALL APPOINT A LAW GUARDIAN TO REPRESENT THE CHILD; AND
  (B) THE COURT SHALL DETERMINE WHETHER PLACEMENT OF THE CHILD IN TEMPO-
RARY CARE AND CUSTODY OF THE LOCAL COMMISSIONER IS IN THE BEST INTERESTS
OF THE CHILD; WHETHER IT WOULD BE CONTRARY TO THE WELFARE OF  THE  CHILD
TO  CONTINUE IN HIS OR HER OWN HOME; THAT, WHERE APPROPRIATE, REASONABLE
EFFORTS WERE MADE PRIOR TO THE PLACEMENT OF THE CHILD INTO  FOSTER  CARE

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TO  PREVENT REMOVAL OF THE CHILD FROM HIS OR HER HOME; AND THAT PRIOR TO
THE INITIATION OF THE COURT PROCEEDING  REQUIRED  TO  BE  HELD  BY  THIS
SUBDIVISION,  REASONABLE  EFFORTS  WERE MADE TO MAKE IT POSSIBLE FOR THE
CHILD  TO  RETURN  SAFELY HOME. THE COURT SHALL INCLUDE SUCH FINDINGS IN
ITS ORDER. IF THE COURT DETERMINES THAT REASONABLE  EFFORTS  TO  PREVENT
THE  NEED  FOR REMOVAL OF THE CHILD FROM THE HOME WERE NOT MADE BUT THAT
THE LACK OF SUCH EFFORTS WAS APPROPRIATE UNDER  THE  CIRCUMSTANCES,  THE
COURT ORDER SHALL INCLUDE SUCH FINDINGS.
  (C)  IF  THE  COURT  PLACES  THE CHILD IN THE TEMPORARY CUSTODY OF THE
LOCAL COMMISSIONER, THE COURT SHALL:
  (I) ORDER AN INVESTIGATION INTO THE FAMILY CIRCUMSTANCES OF THE CHILD;
  (II) SET A RETURN DATE FOR AN INVESTIGATION REVIEW  PROCEEDING  WITHIN
FORTY-FIVE DAYS IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION.
  (III) SET A DATE CERTAIN FOR AN INITIAL PERMANENCY HEARING PURSUANT TO
PARAGRAPH  TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND EIGHTY-NINE OF
THE FAMILY COURT ACT, WHICH DATE CERTAIN SHALL BE IN NO LATER THAN EIGHT
MONTHS FROM THE DATE THE SOCIAL SERVICES OFFICIAL ACCEPTED CARE  OF  THE
CHILD.  THE  DATE  CERTAIN SHALL BE INCLUDED IN THE WRITTEN ORDER OF THE
COURT PLACING THE CHILD IN THE TEMPORARY CARE AND CUSTODY OF  THE  LOCAL
COMMISSIONER.
  4.  NOTICE.  AT  THE INITIAL APPEARANCE AND AT ANY HEARING THEREAFTER,
THE COURT MAY DIRECT THAT SERVICE OF A NOTICE OF THE  PROCEEDING  AND  A
COPY  OF  THE PETITION SHALL BE MADE UPON THE PARENT, PARENTS, GUARDIAN,
OR OTHER LEGALLY RESPONSIBLE PERSON IN SUCH  MANNER  AS  THE  COURT  MAY
DIRECT. IN THE EVENT THE COURT DETERMINES THAT SERVICE BY PUBLICATION IS
NECESSARY  AND  ORDERS  SERVICE BY PUBLICATION, SERVICE SHALL BE MADE IN
ACCORDANCE WITH THE PROVISIONS OF RULE  THREE  HUNDRED  SIXTEEN  OF  THE
CIVIL  PRACTICE LAW AND RULES, PROVIDED, HOWEVER, THAT A SINGLE PUBLICA-
TION OF THE SUMMONS OR OTHER PROCESS WITH A NOTICE AS  SPECIFIED  HEREIN
IN  ONLY  ONE NEWSPAPER DESIGNATED IN THE ORDER SHALL BE SUFFICIENT.  IN
NO EVENT SHALL THE  WHOLE  PETITION  BE  PUBLISHED.  THE  NOTICE  TO  BE
PUBLISHED  WITH THE SUMMONS OR OTHER PROCESS SHALL STATE THE DATE, TIME,
PLACE AND PURPOSE OF THE PROCEEDING.
  5.  INVESTIGATION  REVIEW  PROCEEDING.  AT  THE  INVESTIGATION  REVIEW
PROCEEDING, THE COURT SHALL:
  (A)  REVIEW  THE  INVESTIGATION CONDUCTED BY THE LOCAL SOCIAL SERVICES
DISTRICT OF THE FAMILY CIRCUMSTANCES OF THE CHILD;
  (B) DETERMINE WHETHER FURTHER INVESTIGATION IS NECESSARY, AND  IF  SO,
SET A DATE FOR ANOTHER INVESTIGATION REVIEW PROCEEDING;
  (C)  DETERMINE WHETHER NOTICE SHALL BE MADE UPON ANY PARENT, GUARDIAN,
OR OTHER LEGALLY RESPONSIBLE PERSON AND THE METHOD OF SUCH NOTICE;
  (D) DETERMINE WHETHER A MOTION MUST BE MADE TO SUBSTITUTE  A  PETITION
UNDER ARTICLE TEN OF THE FAMILY COURT ACT; OR
  (E) IF THE COURT DETERMINES THAT NO FURTHER INVESTIGATION OR NOTICE IS
NECESSARY,  DETERMINE  WHETHER THE CHILD IS A DESTITUTE CHILD WITHIN THE
MEANING OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE.
  6. DISPOSITION AND ORDER. IF THE COURT DETERMINES THAT THE CHILD IS  A
DESTITUTE  CHILD WITHIN THE MEANING OF SECTION THREE HUNDRED SEVENTY-ONE
OF THIS TITLE, THE COURT SHALL ISSUE AN ORDER PLACING THE CHILD  IN  THE
CARE AND CUSTODY OF THE LOCAL COMMISSIONER. SUCH ORDER SHALL CONTAIN THE
DATE CERTAIN PREVIOUSLY SET FOR THE INITIAL PERMANENCY HEARING. CHILDREN
PLACED  UNDER THIS SECTION SHALL BE PLACED UNTIL THE COURT COMPLETES THE
INITIAL PERMANENCY HEARING. SHOULD THE COURT  DETERMINE  THAT  PLACEMENT
WILL  CONTINUE  BEYOND  COMPLETION  OF  THE  INITIAL PERMANENCY HEARING,
SUBSEQUENT PERMANENCY HEARINGS SHALL BE SCHEDULED PURSUANT TO  PARAGRAPH

A. 8223                             4

TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND EIGHTY-NINE OF THE FAMILY
COURT ACT.
  S  6.  Subdivision  1  of  section  398  of the social services law is
amended to read as follows:
  1. As to destitute children: Assume charge of, and  provide  CARE  AND
support for, any destitute child who cannot be properly cared for in his
OR  HER home, AND FILE A PETITION TO OBTAIN CUSTODY OF SUCH CHILD PURSU-
ANT TO SECTION THREE HUNDRED EIGHTY-FOUR-D OF THIS ARTICLE.
  S 7. The opening paragraph and  paragraph  (a)  of  subdivision  2  of
section 398 of the social services law, as amended by chapter 880 of the
laws of 1976, are amended to read as follows:
  As to neglected, abused [or], abandoned, OR DESTITUTE children:
  (a)  Investigate  [the] ANY alleged neglect, abuse or abandonment of a
child[,]; offer protective social services  to  prevent  injury  to  the
child,  to  safeguard  his OR HER welfare, and to preserve and stabilize
family life wherever possible  [and,];  if  necessary,  bring  the  case
before  the  family  court for adjudication and care for the child until
the court acts in the matter; and, in the case of an abandoned OR DESTI-
TUTE child, [shall] promptly petition the family court to obtain custody
of such child.
  S 8. Paragraph (b) of subdivision 2  of  section  398  of  the  social
services  law, as amended by chapter 555 of the laws of 1978, is amended
to read as follows:
  (b) Receive and care for any child alleged  to  be  neglected,  abused
[or],  abandoned,  OR  DESTITUTE  who is temporarily placed in [his] THE
care OF THE LOCAL COMMISSIONER by the family court pending  adjudication
by  such  court of the alleged neglect, abuse or abandonment, OR FINDING
THAT THE CHILD IS A DESTITUTE CHILD, including the authority  to  estab-
lish,  operate,  maintain  and  approve  facilities  for such purpose in
accordance with the regulations of the [department] OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES;  and  receive  and care for any neglected, abused
[or], abandoned, OR DESTITUTE child placed or discharged  to  [his]  THE
care OF THE LOCAL COMMISSIONER by the family court.
  S  9.  Paragraph  (f)  of  subdivision  2 of section 398 of the social
services law, as added by chapter 627 of the laws of 1984, is amended to
read as follows:
  (f) Report to the local criminal justice agency and to  the  statewide
central  register  for  missing  children  as described in section eight
hundred thirty-seven-e of the executive law such information as required
on a form prescribed by the commissioner of  the  division  of  criminal
justice  services  within forty-eight hours after an abandoned OR DESTI-
TUTE child is found.
  S 10. Paragraph (i) of subdivision 6 of  section  398  of  the  social
services law is REPEALED.
  S  11. Section 398-e of the social services law, as amended by chapter
584 of the laws of 2008, is amended to read as follows:
  S 398-e. Eligibility for protective services,  FOSTER  CARE  SERVICES,
and  residential  services  for  victims of domestic violence. An alien,
including a non-qualified alien, as  determined  by  applicable  federal
statute  and  regulation, is eligible for protective services for adults
and children, FOSTER CARE SERVICES, and residential services for victims
of domestic violence, to the extent such person  is  otherwise  eligible
pursuant  to  this chapter and the regulations of the office of children
and family services and the office of temporary and  disability  assist-
ance.

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  S  12.  Subdivision  (a)  of  section  249 of the family court act, as
amended by section 2 of part A of chapter 3 of  the  laws  of  2005,  is
amended to read as follows:
  (a)  In  a proceeding under article three, seven, ten or ten-A of this
act or where a revocation  of  an  adoption  consent  is  opposed  under
section  one  hundred  fifteen-b of the domestic relations law or in any
proceeding under section  three  hundred  fifty-eight-a,  three  hundred
eighty-three-c,  three  hundred  eighty-four [or], three hundred eighty-
four-b, OR THREE HUNDRED EIGHTY-FOUR-D of the  social  services  law  or
when  a minor is sought to be placed in protective custody under section
one hundred fifty-eight of this act, the family court  shall  appoint  a
law  guardian  to represent a minor who is the subject of the proceeding
or who is sought to be placed  in  protective  custody,  if  independent
legal  representation  is not available to such minor. In any proceeding
to extend or continue the placement of a juvenile delinquent  or  person
in  need  of  supervision pursuant to section seven hundred fifty-six or
353.3 of this act or any proceeding to extend or continue  a  commitment
to  the custody of the commissioner of mental health or the commissioner
of mental retardation and developmental disabilities pursuant to section
322.2 of this act, the court shall not permit the  respondent  to  waive
the  right  to  be  represented  by  counsel  chosen  by the respondent,
respondent's  parent,  or  other  person  legally  responsible  for  the
respondent's  care,  or  by  a  law guardian. In any other proceeding in
which the court has jurisdiction, the court may appoint a  law  guardian
to  represent the child, when, in the opinion of the family court judge,
such representation will serve the purposes of this act, if  independent
legal counsel is not available to the child. The family court on its own
motion may make such appointment.
  S  13.  Article  6  of the family court act is amended by adding a new
part 1-A to read as follows:
                                PART 1-A
           VACATUR OF COMMITMENT OF GUARDIANSHIP AND CUSTODY;
                    REINSTATEMENT OF PARENTAL RIGHTS
SECTION 635. PETITION TO VACATE AN ORDER OF DISPOSITION  COMMITTING  THE
               GUARDIANSHIP  AND  CUSTODY  OF  A  CHILD TO AN AUTHORIZED
               AGENCY AND REINSTATE PARENTAL RIGHTS.
        636. ORIGINATING A PROCEEDING TO VACATE A COMMITMENT OF  GUARDI-
               ANSHIP AND CUSTODY AND REINSTATE PARENTAL RIGHTS; SERVICE
               AND VENUE.
        637. BURDEN OF PROOF AND FINDINGS.
        638. DISPOSITION.
        639. EFFECT OF ORDER.
  S 635. PETITION TO VACATE AN ORDER OF DISPOSITION COMMITTING THE GUAR-
DIANSHIP  AND  CUSTODY  OF A CHILD TO AN AUTHORIZED AGENCY AND REINSTATE
PARENTAL RIGHTS. VACATUR OF AN ORDER  COMMITTING  THE  GUARDIANSHIP  AND
CUSTODY OF A CHILD TO AN AUTHORIZED AGENCY SO AS TO REINSTATE THE RIGHTS
OF  A PARENT OR PARENTS IS AN EXTRAORDINARY REMEDY THAT MAY BE REQUESTED
BY THE ATTORNEY FOR THE CHILD, THE AUTHORIZED AGENCY TO WHOSE  GUARDIAN-
SHIP  AND  CUSTODY THE CHILD IS COMMITTED, OR THE RESPONDENT OR RESPOND-
ENTS WHOSE PARENTAL RIGHTS THE PETITION WOULD SEEK TO  REINSTATE,  WHERE
THE FOLLOWING CONDITIONS ARE MET:
  (A)  THE  GUARDIANSHIP  AND  CUSTODY  OF  A CHILD WAS COMMITTED TO THE
AUTHORIZED AGENCY OR INDIVIDUAL AT LEAST THREE YEARS PRIOR TO  THE  DATE
OF THE FILING OF THE PETITION FOR VACATUR;

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  (B)  THE  BASIS FOR THE COMMITMENT OF GUARDIANSHIP AND CUSTODY WAS NOT
SEVERE OR REPEATED ABUSE AS DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION
THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW;
  (C)  THE  CHILD IS FOURTEEN YEARS OF AGE OR OLDER, IS UNDER THE JURIS-
DICTION OF THE FAMILY COURT,  HAS  NOT  BEEN  ADOPTED  AND  NO  ADOPTION
PROCEEDING  IS PENDING, AND IF THE CHILD'S ATTORNEY IS NOT THE PETITION-
ER, THE CHILD CONSENTS TO THE FILING OF THE PETITION BY AFFIRMATION; AND
  (D) IF THE RESPONDENT OR RESPONDENTS WHOSE PARENTAL RIGHTS  THE  PETI-
TION  SEEKS  TO  REINSTATE  IS  NOT  THE  PETITIONER, SUCH RESPONDENT OR
RESPONDENTS CONSENTS OR CONSENT TO THE FILING OF THE PETITION BY  AFFIR-
MATION.
  S 636. ORIGINATING A PROCEEDING TO VACATE A COMMITMENT OF GUARDIANSHIP
AND  CUSTODY  AND  REINSTATE  PARENTAL  RIGHTS; SERVICE AND VENUE. (A) A
PROCEEDING TO VACATE THE ORDER OF  DISPOSITION  COMMITTING  GUARDIANSHIP
AND  CUSTODY  OF  A CHILD TO AN AUTHORIZED AGENCY AND REINSTATE PARENTAL
RIGHTS SHALL BE ORIGINATED BY A PETITION FILED BY THE CHILD'S LAW GUARD-
IAN, THE AUTHORIZED AGENCY TO WHOSE GUARDIANSHIP AND CUSTODY  THE  CHILD
WAS  COMMITTED,  OR  THE RESPONDENT OR RESPONDENTS WHOSE PARENTAL RIGHTS
THE PETITION SEEKS TO REINSTATE.
  (B) SUCH PETITION SHALL BE SERVED ON THE ATTORNEY FOR THE  CHILD,  THE
AUTHORIZED  AGENCY  TO  WHICH  THE  CHILD'S GUARDIANSHIP AND CUSTODY WAS
COMMITTED AND THE RESPONDENT OR RESPONDENTS WHOSE  PARENTAL  RIGHTS  THE
PETITION  SEEKS  TO  REINSTATE, AS WELL AS THE ATTORNEY OR ATTORNEYS WHO
REPRESENTED THE RESPONDENT OR RESPONDENTS  IN  THE  PROCEEDING  FOR  THE
TERMINATION OF PARENTAL RIGHTS.
  (C) A CERTIFIED COPY OF THE ORDER OF DISPOSITION IN THE TERMINATION OF
PARENTAL  RIGHTS  PROCEEDING  AND  AFFIRMATIONS  CONTAINING THE CONSENTS
REQUIRED BY SECTION SIX  HUNDRED  THIRTY-FIVE  OF  THIS  PART  SHALL  BE
ATTACHED TO THE PETITION.
  (D)  UPON  THE  FILING  OF A PETITION UNDER THIS PART, THE COURT SHALL
CAUSE A SUMMONS TO BE ISSUED TO THE  CHILD,  THE  AUTHORIZED  AGENCY  TO
WHICH  THE  CHILD'S  GUARDIANSHIP  AND  CUSTODY  WAS  COMMITTED, AND THE
RESPONDENT OR RESPONDENTS WHOSE PARENTAL RIGHTS THE  PETITION  SEEKS  TO
REINSTATE,  EACH  OF  WHOM SHALL BE PARTY TO THE PROCEEDING. THE SUMMONS
SHALL BE SERVED IN ACCORDANCE WITH SECTION SIX HUNDRED SEVENTEEN OF THIS
ARTICLE, ACCOMPANIED BY A COPY OF THE PETITION, THE ORDER OF COMMITMENT,
AND THE AFFIDAVITS OF CONSENT.
  (E) A PETITION BROUGHT PURSUANT TO THIS PART SHALL BE FILED  WITH  THE
COURT  THAT  EXERCISED  JURISDICTION  OVER  THE  MOST  RECENT PERMANENCY
PROCEEDING INVOLVING THE CHILD AND SHALL BE ASSIGNED, WHEREVER PRACTICA-
BLE, TO THE FAMILY COURT JUDGE WHO PRESIDED OVER THAT PROCEEDING OR  THE
PROCEEDING FOR THE TERMINATION OF PARENTAL RIGHTS.
  (F)  WHEREVER  PRACTICABLE,  THE CHILD SHALL BE REPRESENTED BY THE LAW
GUARDIAN THAT REPRESENTED  THE  CHILD  IN  THE  MOST  RECENT  PERMANENCY
PROCEEDING  AND THE PARENT OR PARENTS SHALL BE REPRESENTED BY THE ATTOR-
NEY OR ATTORNEYS WHO REPRESENTED THE PARENT OR PARENTS IN THE PROCEEDING
FOR TERMINATION OF PARENTAL RIGHTS.  WHERE THIS IS NOT  PRACTICABLE,  OR
WHERE  THE  COURT  GRANTS  A  REQUEST BY THE LAW GUARDIAN OR ATTORNEY OR
ATTORNEYS TO BE RELIEVED, THE COURT SHALL IMMEDIATELY ASSIGN A  NEW  LAW
GUARDIAN, ATTORNEY OR ATTORNEYS, AS APPLICABLE.
  S  637.  BURDEN  OF  PROOF AND FINDINGS. THE PETITIONER SHALL HAVE THE
BURDEN OF PROOF BY CLEAR AND CONVINCING EVIDENCE  THAT  VACATUR  OF  THE
ORDER OF DISPOSITION COMMITTING GUARDIANSHIP AND CUSTODY OF THE CHILD TO
THE  AUTHORIZED  AGENCY  AND  REINSTATEMENT OF PARENTAL RIGHTS IS IN THE
CHILD'S BEST INTERESTS AND THAT THE NECESSARY PARTIES  CONSENT  TO  SUCH
VACATUR AND REINSTATEMENT AS REQUIRED BY SECTION SIX HUNDRED THIRTY-FIVE

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OF  THIS  PART. IN DETERMINING WHETHER THE BURDEN OF PROOF HAS BEEN MET,
THE COURT SHALL TAKE INTO ACCOUNT THE FOLLOWING FACTORS:
  (A) THE BOND BETWEEN THE CHILD AND THE PARENT OR PARENTS;
  (B)  THE  ABILITY OF THE PARENT OR PARENTS TO SAFELY PARENT THE CHILD;
AND
  (C) THE LIKELIHOOD OF THE CHILD BEING ADOPTED, INCLUDING  THE  CHILD'S
WILLINGNESS TO BE ADOPTED.
  S  638.  DISPOSITION.  THE  COURT SHALL ISSUE A WRITTEN DECISION WHICH
SETS FORTH THE BASIS FOR THE COURT'S  DECISION  AND  MAKES  ONE  OF  THE
FOLLOWING ORDERS OF DISPOSITION:
  (A)  THE COURT MAY DISMISS THE PETITION BROUGHT PURSUANT TO THIS PART,
IN WHICH CASE THE CHILD WILL RETAIN THE STATUS OF A FREED CHILD AND WILL
REMAIN IN THE GUARDIANSHIP AND CUSTODY OF THE AUTHORIZED AGENCY;
  (B) THE COURT MAY GRANT THE PETITION BROUGHT PURSUANT TO THIS PART AND
VACATE THE ORDER OF DISPOSITION PREVIOUSLY ENTERED IN THE TERMINATION OF
PARENTAL RIGHTS PROCEEDING AND REINSTATE THE GUARDIANSHIP AND CUSTODY OF
THE CHILD TO THE PARENT WHO IS THE SUBJECT OF THE PETITION; OR
  (C) THE COURT MAY ISSUE A TEMPORARY ORDER STAYING THE PROCEEDING FOR A
PERIOD NOT TO EXCEED SIX MONTHS WHICH MAY NOT BE EXTENDED.  DURING  THIS
PERIOD  A  TRIAL  DISCHARGE  OF THE CHILD TO THE PHYSICAL CUSTODY OF THE
PARENT OR PARENTS MAY OCCUR, WITH THE AUTHORIZED AGENCY RETAINING  GUAR-
DIANSHIP  AND  CUSTODY OF THE CHILD. THE COURT MAY DIRECT THE AUTHORIZED
AGENCY TO PROVIDE SUPERVISION TO THE PARENT OR PARENTS DURING  THE  STAY
OF PROCEEDINGS. THE COURT SHALL SCHEDULE A DATE CERTAIN FOR FINAL REVIEW
AND  DISPOSITION OF THE PETITION AT LEAST THIRTY DAYS PRIOR TO THE EXPI-
RATION OF THE STAY, AT WHICH TIME THE PARTIES MAY SUBMIT ANY  ADDITIONAL
EVIDENCE ARISING SINCE THE FILING OF THE PETITION.
  S  639.  EFFECT OF ORDER. THE VACATUR OF THE COMMITMENT OF CUSTODY AND
GUARDIANSHIP OF THE CHILD TO AN AUTHORIZED AGENCY AND REINSTATEMENT OF A
PARENT'S RIGHTS SHALL HAVE NO EFFECT UPON THE UNDERLYING ORDER OF  FACT-
FINDING  MADE IN THE TERMINATION OF PARENTAL RIGHTS PROCEEDING AND SHALL
HAVE NO EFFECT UPON THE RIGHTS OF A PARENT WHO IS NOT THE SUBJECT OF THE
PETITION TO VACATE OR WHOSE REINSTATEMENT OF RIGHTS IS FOUND NOT  TO  BE
IN  THE  BEST  INTERESTS  OF  THE  CHILD. SHOULD THE CHILD RETURN TO THE
CUSTODY OF THE AUTHORIZED AGENCY OR OTHERWISE BE PLACED OUTSIDE  OF  THE
HOME FOLLOWING THE REINSTATEMENT OF PARENTAL RIGHTS, ANY FUTURE PROCEED-
ING  TO  TERMINATE  PARENTAL  RIGHTS  MAY NOT RELY SOLELY UPON THE PRIOR
ORDER OF FACT-FINDING MADE PURSUANT TO SUBDIVISION (C)  OF  SECTION  SIX
HUNDRED THIRTY-ONE OF THIS ARTICLE OR SUBDIVISION THREE OF SECTION THREE
HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW.
  S  14. Section 1086 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S 1086. Purpose. The purpose of this article is to  establish  uniform
procedures  for  permanency  hearings for all children who are placed in
foster care pursuant  to  section  three  hundred  fifty-eight-a,  three
hundred  eighty-four [or], three hundred eighty-four-a, OR THREE HUNDRED
EIGHTY-FOUR-D of the social services law  or  pursuant  to  section  one
thousand  twenty-two,  one thousand twenty-seven, or one thousand fifty-
two of this act; children who are directly placed with a relative pursu-
ant to section one thousand seventeen or one thousand fifty-five of this
act; and children who are freed for adoption. It  is  meant  to  provide
children  placed out of their homes timely and effective judicial review
that promotes permanency, safety and well-being in their lives.
  S 15. Subdivision (a) of section 1087 of  the  family  court  act,  as
added  by  section  27  of  part  A of chapter 3 of the laws of 2005, is
amended to read as follows:

A. 8223                             8

  (a) "Child" shall mean a person under  the  age  of  eighteen  who  is
placed  in  foster care pursuant to section three hundred fifty-eight-a,
three hundred eighty-four [or], three  hundred  eighty-four-a  OR  THREE
HUNDRED  EIGHTY-FOUR-D of the social services law or pursuant to section
one  thousand  twenty-two,  one  thousand  twenty-seven, or one thousand
fifty-two of this act; or directly placed with a  relative  pursuant  to
section  one  thousand seventeen or one thousand fifty-five of this act;
or who has been freed for adoption or a person between the ages of eigh-
teen and twenty-one who has consented to continuation in foster care.
  S 16. Section 1088 of the family court act, as added by section 27  of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  S  1088.  Continuing court jurisdiction. If a child is placed pursuant
to section three hundred fifty-eight-a, three hundred eighty-four,  [or]
three hundred eighty-four-a OR THREE HUNDRED EIGHTY-FOUR-D of the social
services  law,  or pursuant to section one thousand seventeen, one thou-
sand twenty-two, one thousand twenty-seven or one thousand fifty-two  of
this  act,  or  directly  placed with a relative pursuant to section one
thousand seventeen or one thousand fifty-five of this  act;  or  if  the
child  is  freed  for adoption pursuant to section three hundred eighty-
three-c, three hundred eighty-four or three hundred eighty-four-b of the
social services law, the case shall remain on the court's  calendar  and
the  court  shall maintain jurisdiction over the case until the child is
discharged  from  placement  and  all  orders   regarding   supervision,
protection  or  services have expired. The court shall rehear the matter
whenever it deems necessary or desirable, or upon motion  by  any  party
entitled  to  notice  in  proceedings  under this article, or by the law
guardian for the child, and whenever a permanency hearing is required by
this article. While the court maintains jurisdiction over the case,  the
provisions  of  section  one  thousand  thirty-eight  of  this act shall
continue to apply.
  S 17. Paragraph 2 of subdivision (a) of section  1089  of  the  family
court  act, as amended by chapter 437 of the laws of 2006, is amended to
read as follows:
  (2) All other permanency hearings. At the conclusion  of  the  hearing
pursuant  to section one thousand twenty-two, one thousand twenty-seven,
or one thousand fifty-two of this act, OR SECTION THREE HUNDRED  EIGHTY-
FOUR-D  OF  THE  SOCIAL SERVICES LAW, at which the child was remanded or
placed and upon the court's approval of a voluntary placement instrument
pursuant to section three hundred fifty-eight-a of the  social  services
law,  the court shall set a date certain for an initial permanency hear-
ing, advise all parties in court of the date set and include the date in
the order. Orders issued in  subsequent  court  hearings  prior  to  the
permanency  hearing,  including, but not limited to, the order of place-
ment issued pursuant to section one thousand fifty-five of this act,  OR
SECTION  THREE  HUNDRED  EIGHTY-FOUR-D OF THE SOCIAL SERVICES LAW, shall
include the date certain for the permanency hearing. The initial perman-
ency hearing shall be commenced no later than six months from  the  date
which  is  sixty  days after the child was removed from his or her home;
provided, however, that if a sibling or half-sibling of  the  child  has
previously  been removed from the home and has a permanency hearing date
certain scheduled within the next eight months, the  permanency  hearing
for  each child subsequently removed from the home shall be scheduled on
the same date certain that has been set for the first child removed from
the home, unless such sibling or half-sibling has been removed from  the
home  pursuant  to  article  three  or seven of this act. The permanency

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hearing shall be completed within thirty  days  of  the  scheduled  date
certain.
  S  18.  Subdivision  (a)  of  section 1090 of the family court act, as
added by section 27 of part A of chapter 3  of  the  laws  of  2005,  is
amended to read as follows:
  (a)  If  a law guardian for the child has been appointed by the family
court in a proceeding pursuant to section three  hundred  fifty-eight-a,
three  hundred  eighty-three-c,  three  hundred  eighty-four, [or] three
hundred eighty-four-b, OR THREE  HUNDRED  EIGHTY-FOUR-D  of  the  social
services  law,  or  article  ten of this act, the appointment of the law
guardian shall continue without  further  court  order  or  appointment,
unless another appointment of a law guardian has been made by the court,
until  the  child  is discharged from placement and all orders regarding
supervision, protection or services have expired. All  notices,  reports
and  motions required by law shall be provided to such law guardian. The
law guardian may be relieved of his or her representation upon  applica-
tion  to  the court for termination of the appointment. Upon approval of
the application, the court shall immediately appoint another law guardi-
an to whom all notices, reports, and motions required by  law  shall  be
provided.
  S  19.  This act shall take effect on the ninetieth day after it shall
have become a law.