S T A T E O F N E W Y O R K
________________________________________________________________________
2033
2009-2010 Regular Sessions
I N S E N A T E
February 11, 2009
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law and the domestic relations law, in
relation to the notification of certain relatives prior to the place-
ment of children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 202 of the elder law is amended by adding a new
subdivision 15 to read as follows:
15. TO MONITOR KINSHIP PLACEMENTS PURSUANT TO SECTION SEVENTY-TWO OF
THE DOMESTIC RELATIONS LAW AND REPORT TO THE LEGISLATURE AND THE GOVER-
NOR ON RECOMMENDATIONS FOR IMPROVING OR MODIFYING SUCH PLACEMENT PROCE-
DURES.
S 2. Subdivision 2 of section 72 of the domestic relations law, as
added by chapter 657 of the laws of 2003, is amended to read as follows:
2. (a) Where a grandparent or the grandparents of a minor child,
residing within this state, OR THE RELATIVE OF A MINOR CHILD WHO IS
RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO EITHER PARENT OF
SUCH CHILD AND WHO IS RESIDING IN THIS STATE, can demonstrate to the
satisfaction of the court the existence of extraordinary circumstances,
such grandparent or grandparents OR RELATIVE of such child may apply to
the supreme court by commencing a special proceeding or for a writ of
habeas corpus to have such child brought before such court, or may apply
to family court pursuant to subdivision (b) of section six hundred
fifty-one of the family court act; and on the return thereof, the court,
by order, after due notice to the parent or any other person or party
having the care, custody, and control of such child, to be given in such
manner as the court shall prescribe, may make such directions as the
best interests of the child may require, for custody rights for such
grandparent or grandparents OR RELATIVE in respect to such child. An
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07721-01-9
S. 2033 2
extended disruption of custody, as such term is defined in this section,
shall constitute an extraordinary circumstance.
(b) For the purposes of this section "extended disruption of custody"
shall include, but not be limited to, a prolonged separation of the
respondent parent and the child for at least twenty-four continuous
months BEFORE THE COMMENCEMENT OF THE PROCEEDING, during which TIME the
parent voluntarily relinquished care and control of the child and the
child resided in the household of the petitioner grandparent or grand-
parents OR RELATIVE, provided, however, that the court may find that
extraordinary circumstances exist should the prolonged separation have
lasted for less than twenty-four months DURING WHICH TIME PETITIONER
GRANDPARENT OR GRANDPARENTS OR RELATIVE ACTED AS PERSONS ACTING AS A
PARENT AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION SEVENTY-FIVE-A OF
THIS CHAPTER.
(c) Nothing in this section shall limit the ability of parties to
enter into consensual custody agreements absent the existence of
extraordinary circumstances.
S 3. This act shall take effect immediately.