NY State Senate Bill 2009-S3880

Senate Bill S3880

2009-2010 Legislative Session

Relates to permanency for destitute children, reinstatement of parental relationships and enhancement of supervised independent living programs; repealer

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
May 12, 2009	reported and committed to codes
Apr 02, 2009	referred to children and families

2009-S3880 (ACTIVE) - Details

See Assembly Version of this Bill:: A8223
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§371, 374-b, 384-b, 398 & 398-e, add §384-d, rpld §398 sub 6 ¶ (i), Soc Serv L; amd §§249, 1086, 1087, 1088, 1089 & 1090, add Art 6 Part 1-A §§635 - 639, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: A7473

2009-S3880 (ACTIVE) - Summary

Relates to permanency for destitute children, reinstatement of parental relationships and enhancement of supervised independent living programs.

2009-S3880 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3880

 TITLE OF BILL :

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


 PURPOSE OF THE BILL :

This bill seeks to enhance permanency for children by establishing a
process by which a local commissioner of social services would assume
care of a destitute child; allowing an order of disposition vacating
guardianship and custody and reinstating parental rights in limited
circumstances; and facilitating the ability of an authorized agency to
establish supervised independent living programs (SILPs) for older
foster children.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Social Services Law (SSL) § 371(3)
to revise the definition of "destitute child" to clarify that it does
not include children who are 'covered by other provisions of the SSL

or Family Court Act (FCA).

Section 2 of the bill would amend SSL § 374-b(3) to clarify that an
authorized agency does not have to notify the applicable municipality
when establishing a supervised independent living program (SILP), or a
unit which is part of a SILP.

Sections 3 and 4 of the bill would amend the section heading of SSL §
384-b and add a new subdivision 13 to reference the vacatur of the
commitment of guardianship and custody of a child, as authorized under
bill section thirteen.

Section 5 of the bill would add a new section 384-d to the SSL to
establish a process whereby a local commissioner of social services
may assume care and custody of a child who appears to be destitute.
The local commissioner must file a petition in Family Court within
fourteen days of assuming care of the child. The court must appoint a
law guardian to represent the child, make findings related to the
child's eligibility for federal reimbursement for a portion of the
cost of the child's care, order an investigation of the child's family
circumstances, set return dates to review the investigation and hold a
permanency hearing, and determine the disposition of the child.

Sections 6 through 10 of the bill would make conforming amendments to
SSL § 398 relating to destitute children.

Section 11 of the bill would amend SSL § 398-e to authorize foster
care services for alien children.

Section 12 of the bill would amend FCA § 249 to clarify that a
destitute child is entitled to law guardian representation.

Section 13 of the bill would add a new Part 1-A to the FCA Article 6
to establish a procedure to vacate the order of disposition committing
the guardianship and custody of a child to a local commissioner of
social services and to reinstate parental rights where: the
termination of parental rights occurred at least three years prior to
the petition; the legal basis for the termination of parental rights
was not severe or repeated abuse; the child and the parent whose
rights are being reinstated consents; and the child is fourteen years
or older, is under the jurisdiction of the family court, and has
neither been adopted nor has an adoption proceeding pending. A court
may approve a petition if it is in the best interest of the child.
Where appropriate, the court may stay the proceeding for up to six
months and order a trial discharge to the physical custody of the
parent.

Sections 14 through 18 of the bill would amend provisions of FCA
Article 10-A to require permanency hearings for destitute children.

Section 19 of the bill provides for an effective date of90 days after
enactment.

 EXISTING LAW :

SSL § 371 defines terms used in Article 6 of the SSL pertaining to
children.

SSL § 374-b provides authority for authorized agencies to establish
agency-operated boarding homes including SILPs.

SSL § 384-b provides a process for termination of parental rights
where a child is abandoned, permanently neglected, or severely or
repeatedly abused; or where the parent has a mental illness or mental
retardation which places the child in danger of becoming a neglected
child.

SSL § 398 sets forth the duties and responsibilities of a local
commissioner of social services for abused, neglected, abandoned,
destitute, and delinquent children and persons in need of supervision.

SSL § 398-e provides that aliens are eligible for adult and child
protective services and residential services for victims of domestic
violence.

FCA § 249 enumerates the types of proceedings in which a child is
entitled to law guardian representation.

FCA Article 6 provides a process for the court to determine that a
child is permanently neglected, and for adoption, custody and
guardianship of a child.

FCA Article 10-A sets forth the purpose, process, and requirements for
permanency hearings for a child in foster care.

 PRIOR LEGISLATIVE HISTORY :

Some of the provisions of this bill previously were included in
S.7443/A.10807 of 2008 and S.7404/A.10804 of 2008. Both bills were
referred to the Senate Social Services, Children and Families
Committee and the Assembly Children and Families Committee.

 STATEMENT IN SUPPORT :

This bill includes three components to improve permanency for children
in the child welfare system. It provides a process for a local
commissioner of social services to assume responsibility for a
destitute child, allows a termination of parental rights to be vacated
under limited circumstances, and facilitates the establishment of
SILPs for older foster children.

A destitute child is a child with certain needs who is found to have
no parents or other legally responsible people to address those needs.
For example, a young child who was adopted from another country whose
adoptive parent passed away could be a destitute child.  Another

example is a child victim of human trafficking who is found within New
York State without a family member to care for him or her.

Currently, the SSL requires that the local social services district
commissioner assume the care of destitute children. However, there is
no statutory process for bringing the children into the legal custody
of the local commissioner or for an initial or on-going judicial
review of their placements. This lack of process also precludes the
districts from obtaining federal funding toward the cost of providing
care to some of these children. This proposal will better protect
these children by requiring law guardians to be appointed for them,
establishing on-going court oversight of their placements, and
enabling social services districts to receive federal reimbursement
toward the cost of caring for eligible children.

A second aspect of this bill addresses a small number of cases where
it may be appropriate to vacate the order of disposition committing a
child to the guardianship and custody of a local commissioner of
social services or authorized agency and reinstate the rights of the
child's parent. There are older children who have been in foster care
for extended periods of time and are freed for adoption, but have not
been adopted because there have been no adoption resources identified
or the individual is unwilling to be adopted because of his or her
continuing bond with the birth parents. In such a case, the birth
parents may be appropriate permanency resources, if the parents have
addressed the issues that led to the original termination of their
parental rights. In these limited circumstances, the bill permits the
court to reinstate parental rights, with the consent of the child and
the parent whose rights are being reinstated, and when it is in the
best interest of the child.

Finally, the bill addresses an ambiguity regarding whether an
authorized agency is required to notify the applicable municipality
that it is establishing a SILP unit. Currently, such notification is
required for the establishment of agency operated boarding homes
(AOBHs), which generally are located in family dwellings, house up to
eight foster children along with on site staff, and operate on a
long-term basis. Although SILP units are statutorily classified as
AOBHs, they are significantly different from the average AOBHs. A
typical SILP unit is an apartment housing two or three older foster
children who are living on their own with periodic visitation and
support from agency staff while the children learn independent living
skills. A SILP unit usually exists as a foster care program for a
short period of time because the youth often remain in, and assume the
lease for, the apartment once they are discharged from foster care. As
a result, authorized agencies regularly eliminate certain apartments
as SILP units and establish new units in other apartments as different
foster children become eligible for that level of care. Given this
high turnover, it is impractical and of questionable utility to
require that a municipality be notified of the establishment of each
new SILP unit.

 BUDGET IMPLICATIONS :

This bill has no fiscal implications, although it may enable social
services districts to receive federal reimbursement for a portion of
the costs of care for destitute children and may save costs to social
services districts where youth are discharged from foster care to
their parents.

 EFFECTIVE DATE :
This bill would take effect 90 days after enactment.

2009-S3880 (ACTIVE) - Bill Text download pdf

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

                                  3880

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen. MONTGOMERY -- (at request of the Office of Children
  and Family Services) -- read  twice  and  ordered  printed,  and  when
  printed to be committed 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:
  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

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

S. 3880                             2

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
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

S. 3880                             3

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
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:

S. 3880                             4

  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.
  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

S. 3880                             5

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;
  (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

S. 3880                             6

  (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
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. 3880                             7

  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) "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;

S. 3880                             8

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
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

S. 3880                             9

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.

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