Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to children and families |
Jan 05, 2011 |
referred to children and families |
Senate Bill S373
2011-2012 Legislative Session
Sponsored By
(D) Senate District
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
Actions
2011-S373 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4213
- Current Committee:
- Senate Children And Families
- Law Section:
- Family Court Act
- Laws Affected:
- Add §§1017-a & 1090-a, amd §1089, Fam Ct Act; amd §358-a, Soc Serv L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5266, A8418
2013-2014: A4352
2015-2016: A4234
2011-S373 (ACTIVE) - Sponsor Memo
BILL NUMBER:S373 TITLE OF BILL: 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 PURPOSE: The purpose of this bill is to ensure that the family court, the respondent's attorney and thus the respondent, and the child's attorney and thus the child, in any proceeding brought pursuant to Article Ten or Ten-A of the Family Court Act are given prior notice of any change in a child's foster care placement, so that, upon the court's own application or an application by the respondent parent/guardian or the child's attorney, the court can review the commissioner's decision. SUMMARY OF PROVISIONS: Section One adds a new § 1017-a to the Family Court Act to ensure that custodial agencies do not move children from one foster care placement to another without advance notice, or, in some circumstances, prompt after-the-fact notice to the court, the respondent's attorney and the attorney for the child.
2011-S373 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 373 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed 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. LBD02367-01-1
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