S T A T E O F N E W Y O R K
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8418
2009-2010 Regular Sessions
I N A S S E M B L Y
May 19, 2009
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Introduced by M. of A. SCARBOROUGH, COLTON, COOK, DenDEKKER -- Multi-
Sponsored by -- M. of A. BOYLAND, KOON, McENENY, PHEFFER, REILLY,
TOWNS, WEISENBERG, WRIGHT -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act and the social services law, in
relation to notification of the court, the parties and the attorney
for the child, when a child protective or foster care agency transfers
a child from one foster home or other foster care placement to another
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The family court act is amended by adding a new section
1017-a to read as follows:
S 1017-A. CHANGE OF PLACEMENT WITHOUT PRIOR COURT APPROVAL. 1. WHEN
THE COURT HAS REMANDED OR PLACED THE CHILD WITH THE LOCAL COMMISSIONER
OF SOCIAL SERVICES IN A PROCEEDING UNDER THIS ARTICLE AND HAS DIRECTED
PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OR
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTEEN OF
THIS PART, OR PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SECTION
ONE THOUSAND FIFTY-FIVE OF THIS CHAPTER, OR PURSUANT TO CLAUSE (I) OF
SUBPARAGRAPH (VIII) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-NINE OF THIS CHAPTER, THAT THE COMMISSIONER SHALL HAVE
THE CHILD RESIDE IN A SPECIFIC CERTIFIED OR APPROVED FOSTER HOME, THE
COMMISSIONER MAY NOT CHANGE THE CHILD'S FOSTER CARE PLACEMENT WITHOUT
PRIOR COURT APPROVAL EXCEPT IN THOSE CIRCUMSTANCES SET FORTH IN PARA-
GRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
2. (A) WHEN THE COURT HAS REMANDED OR PLACED THE CHILD WITH THE LOCAL
COMMISSIONER OF SOCIAL SERVICES IN A PROCEEDING UNDER THIS ARTICLE, OR
EXTENDED SUCH PLACEMENT UNDER ARTICLE TEN-A OF THIS CHAPTER, WITH NO
DIRECTION THAT THE COMMISSIONER SHALL HAVE THE CHILD RESIDE IN A SPECIF-
IC CERTIFIED OR APPROVED FOSTER HOME, THE COMMISSIONER MAY CHANGE THE
CHILD'S FOSTER CARE PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN ACCORD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11262-01-9
A. 8418 2
ANCE WITH PARAGRAPHS (B) AND (D) OF THIS SUBDIVISION AND THE SOCIAL
SERVICES LAW AND APPLICABLE REGULATIONS.
(B) THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING
THAT A CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY, BUT IN NO EVENT
LATER THAN TEN DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM HIS OR HER
PRESENT FOSTER HOME OR OTHER FOSTER CARE PLACEMENT, NOTIFY THE COURT,
THE COUNSEL FOR THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE FOR THE CARE OF THE CHILD, AND THE ATTORNEY FOR THE CHILD,
BY PHONE, E-MAIL OR FACSIMILE TRANSMISSION, OF THE CHANGE OF PLACEMENT.
IN SUCH NOTICE, THE COMMISSIONER SHALL PROVIDE THE DATE THE CHANGE OF
PLACEMENT WILL TAKE PLACE, THE REASONS FOR THE CHANGE, AND THE NAME AND
THE PHONE NUMBER OF A SOCIAL SERVICES OFFICIAL WHO MAY BE CONTACTED FOR
FURTHER INFORMATION.
(C) IF TIMELY NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IS
NOT PROVIDED, THE COMMISSIONER MAY NOT CHANGE THE FOSTER CARE PLACEMENT
UNTIL AT LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
(D) WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE CHILD FROM
THE FOSTER HOME, OR WHEN THE COMMISSIONER HAS OBTAINED THE CONSENT OF
THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE CHILD
AND THE ATTORNEY FOR THE CHILD, THE COMMISSIONER MAY REMOVE THE CHILD
WITHOUT COURT APPROVAL REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND
WITHOUT PROVIDING NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
HOWEVER, SUCH NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE AFTER
REMOVAL.
3. WHEN THE COMMISSIONER HAS MADE A DETERMINATION TO DISCHARGE THE
CHILD ON A TRIAL BASIS TO THE CUSTODY OF THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE CHILD'S CARE, TIMELY ADVANCE NOTICE MUST BE
PROVIDED TO THE COURT AND THE ATTORNEY FOR THE CHILD IN THE MANNER SET
FORTH IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
4. NOTICE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
NEED NOT BE PROVIDED WHEN THE COMMISSIONER HAS PREVIOUSLY PROVIDED, ON
THE RECORD DURING THE PROCEEDINGS IN FAMILY COURT, NOTICE OF A CHANGE OF
PLACEMENT, AND THE DATE AND REASONS FOR THE CHANGE.
S 2. Subdivision 3 of section 358-a of the social services law is
amended by adding a new paragraph (g) to read as follows:
(G) (I) THE ORDER GRANTING THE PETITION OF A SOCIAL SERVICES OFFICIAL
AND APPROVING AN INSTRUMENT EXECUTED PURSUANT TO SECTION THREE HUNDRED
EIGHTY-FOUR-A OF THIS CHAPTER MAY DIRECT THAT THE COMMISSIONER SHALL
HAVE THE CHILD RESIDE IN A SPECIFIC CERTIFIED OR APPROVED FOSTER HOME.
IN THE EVENT THE COURT SO DIRECTS, THE COMMISSIONER MAY NOT CHANGE THE
CHILD'S PLACEMENT WITHOUT PRIOR COURT APPROVAL EXCEPT IN THOSE CIRCUM-
STANCES SET FORTH IN SUBPARAGRAPH (V) OF THIS PARAGRAPH.
(II) WHEN THE COURT HAS NOT SO DIRECTED, THE COMMISSIONER MAY CHANGE
THE CHILD'S PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN ACCORDANCE WITH
SUBPARAGRAPHS (III) AND (V) OF THIS PARAGRAPH AND THIS CHAPTER AND
APPLICABLE REGULATIONS.
(III) THE COMMISSIONER SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING
THAT A CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY, BUT IN NO EVENT
LATER THAN TEN DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM HIS OR HER
PRESENT FOSTER HOME OR OTHER FOSTER CARE PLACEMENT, NOTIFY THE COURT,
THE COUNSEL FOR THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE FOR THE CHILD, AND THE ATTORNEY FOR THE CHILD, BY PHONE,
E-MAIL OR FACSIMILE TRANSMISSION, OF THE CHANGE OF PLACEMENT. IN SUCH
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NOTICE, THE COMMISSIONER SHALL PROVIDE THE DATE THE CHANGE OF PLACEMENT
WILL TAKE PLACE, THE REASONS FOR THE CHANGE, AND THE NAME AND PHONE
NUMBER OF A SOCIAL SERVICES OFFICIAL WHO MAY BE CONTACTED FOR FURTHER
INFORMATION.
(IV) IF TIMELY NOTICE PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH
IS NOT PROVIDED, THE COMMISSIONER MAY NOT CHANGE THE PLACEMENT UNTIL AT
LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET FORTH
ABOVE.
(V) WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE CHILD FROM
THE FOSTER HOME, OR WHEN THE COMMISSIONER HAS OBTAINED THE CONSENT OF
THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE OF THE
CHILD, AND THE ATTORNEY FOR THE CHILD, THE COMMISSIONER MAY REMOVE THE
CHILD WITHOUT COURT APPROVAL REQUIRED BY SUBPARAGRAPH (I) OF THIS PARA-
GRAPH AND WITHOUT PROVIDING NOTICE PURSUANT TO SUBPARAGRAPH (III) OF
THIS PARAGRAPH. HOWEVER, SUCH NOTICE SHALL BE PROVIDED AS SOON AS PRAC-
TICABLE AFTER REMOVAL.
(VI) WHEN THE COMMISSIONER HAS MADE A DETERMINATION TO DISCHARGE THE
CHILD ON A TRIAL BASIS TO THE CUSTODY OF THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE CHILD'S CARE, TIMELY ADVANCE NOTICE MUST BE
PROVIDED TO THE COURT AND THE ATTORNEY FOR THE CHILD IN THE MANNER SET
FORTH IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.
(VII) NOTICE PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH NEED NOT
BE PROVIDED WHEN THE COMMISSIONER HAS PREVIOUSLY PROVIDED, ON THE RECORD
DURING PROCEEDINGS IN FAMILY COURT, NOTICE OF A CONTEMPLATED CHANGE OF
PLACEMENT, AND THE DATE AND REASONS FOR THE CHANGE.
S 3. Subparagraph (viii) of paragraph 2 of subdivision (d) of section
1089 of the family court act is amended by adding a new clause (I) to
read as follows:
(I) DIRECTING THAT THE COMMISSIONER SHALL HAVE THE CHILD RESIDE IN A
SPECIFIC CERTIFIED OR APPROVED FOSTER HOME.
S 4. The family court act is amended by adding a new section 1091 to
read as follows:
S 1091. CHANGE OF PLACEMENT OF CHILDREN WHO HAVE BEEN FREED FOR
ADOPTION. 1. WHEN THE COURT HAS DIRECTED PURSUANT TO ITEM (I) OF CLAUSE
(B) OF SUBPARAGRAPH (VIII) OF PARAGRAPH TWO OF SUBDIVISION (D) OF
SECTION ONE THOUSAND EIGHTY-NINE OF THIS ARTICLE THAT THE CHILD BE
PLACED FOR ADOPTION IN THE FOSTER FAMILY HOME WHERE HE OR SHE RESIDES OR
HAS RESIDED OR WITH ANY OTHER SUITABLE PERSON OR PERSONS, THE AGENCY TO
WHICH GUARDIANSHIP AND CUSTODY HAS BEEN COMMITTED MAY NOT CHANGE SUCH
CHILD'S FOSTER CARE PLACEMENT WITHOUT PRIOR COURT APPROVAL, EXCEPT IN
THOSE CIRCUMSTANCES SET FORTH IN PARAGRAPH (D) OF SUBDIVISION TWO OF
THIS SECTION.
2. (A) WHEN THE COURT HAS NOT DIRECTED THAT THE CHILD BE PLACED FOR
ADOPTION IN A SPECIFIC FOSTER HOME, THE AGENCY TO WHICH GUARDIANSHIP AND
CUSTODY HAS BEEN COMMITTED MAY CHANGE THE CHILD'S FOSTER HOME OR OTHER
FOSTER CARE PLACEMENT WITHOUT PRIOR COURT APPROVAL, IN ACCORDANCE WITH
PARAGRAPHS (B) AND (D) OF THIS SUBDIVISION AND THE SOCIAL SERVICES LAW
AND APPLICABLE REGULATIONS.
(B) THE AGENCY SHALL, AS SOON AS PRACTICABLE AFTER DETERMINING THAT A
CHANGE OF FOSTER CARE PLACEMENT IS NECESSARY, BUT IN NO EVENT LATER THAN
TEN DAYS PRIOR TO THE REMOVAL OF THE CHILD FROM HIS OR HER PRESENT
FOSTER HOME OR OTHER FOSTER CARE PLACEMENT, NOTIFY THE COURT, AND THE
ATTORNEY FOR THE CHILD, BY PHONE, E-MAIL OR FACSIMILE TRANSMISSION, OF
THE CHANGE OF PLACEMENT. IN SUCH NOTICE, THE AGENCY SHALL PROVIDE THE
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DATE THE CHANGE OF PLACEMENT WILL TAKE PLACE, THE REASONS FOR THE
CHANGE, AND THE NAME AND PHONE NUMBER OF A SOCIAL SERVICES OFFICIAL WHO
MAY BE CONTACTED FOR FURTHER INFORMATION.
(C) IF TIMELY NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IS
NOT PROVIDED, THE AGENCY MAY NOT CHANGE THE FOSTER CARE PLACEMENT UNTIL
AT LEAST TEN DAYS AFTER NOTICE HAS BEEN PROVIDED IN THE MANNER SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION.
(D) WHEN THE HEALTH OR SAFETY OF THE CHILD REQUIRES THAT THE CHILD BE
REMOVED IMMEDIATELY FROM THE FOSTER HOME OR OTHER FOSTER CARE PLACEMENT,
OR WHEN THE FOSTER PARENT REQUESTS IMMEDIATE REMOVAL OF THE CHILD FROM
THE FOSTER HOME, OR WHEN THE AGENCY HAS OBTAINED THE CONSENT OF THE
ATTORNEY FOR THE CHILD, THE AGENCY MAY REMOVE THE CHILD WITHOUT COURT
APPROVAL REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND WITHOUT PROVID-
ING NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. HOWEVER, SUCH
NOTICE SHALL BE PROVIDED AS SOON AS PRACTICABLE AFTER REMOVAL.
(E) NOTICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION NEED NOT BE
PROVIDED WHEN THE AGENCY HAS PREVIOUSLY PROVIDED, ON THE RECORD DURING
PROCEEDINGS IN FAMILY COURT, NOTICE OF A CHANGE OF PLACEMENT, AND THE
DATE AND REASONS FOR THE CHANGE.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.