S T A T E O F N E W Y O R K
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9992
I N A S S E M B L Y
May 2, 2016
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Introduced by M. of A. RICHARDSON, LUPARDO -- (at request of the Office
of Court Administration) -- 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 notice of indicated reports of child maltreatment and
changes of placement in child protective and voluntary foster care
placement and review proceedings; and to repeal certain provisions of
the family court act, in relation to technical changes thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1017 of the family court act is amended by adding a
new subdivision 5 to read as follows:
5. IN ANY CASE IN WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS
ARTICLE REMANDING OR PLACING A CHILD IN THE CUSTODY OF THE LOCAL SOCIAL
SERVICES DISTRICT, THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY
CHARGED WITH CUSTODY OR CARE OF THE CHILD SHALL REPORT ANY ANTICIPATED
CHANGE IN PLACEMENT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY
FOR THE CHILD NOT LATER THAN TEN DAYS PRIOR TO SUCH CHANGE IN ANY CASE
IN WHICH THE CHILD IS MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH
HE OR SHE HAS BEEN PLACED OR IN WHICH THE FOSTER PARENTS MOVE OUT OF
STATE WITH THE CHILD; PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE
OF PLACEMENT ON AN EMERGENCY BASIS IS REQUIRED, THE REPORT SHALL BE
TRANSMITTED NO LATER THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN
PLACEMENT HAS BEEN MADE. THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED
AGENCY SHALL ALSO SUBMIT A REPORT TO THE ATTORNEYS FOR THE PARTIES AND
THE ATTORNEY FOR THE CHILD OR INCLUDE IN THE PLACEMENT CHANGE REPORT ANY
INDICATED REPORT OF CHILD ABUSE OR MALTREATMENT OR CONCERNING THE CHILD
OR (IF A PERSON OR PERSONS CARING FOR THE CHILD IS OR ARE THE SUBJECT OF
THE REPORT) ANOTHER CHILD IN THE SAME HOME WITHIN FIVE DAYS OF THE INDI-
CATION OF THE REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDEN-
TIALITY OF IDENTIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR
PROSPECTIVE ADOPTIVE PARENTS. REPORTS REGARDING INDICATED REPORTS OF
CHILD ABUSE OR MALTREATMENT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL
INCLUDE A STATEMENT ADVISING RECIPIENTS THAT THE INFORMATION IN SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09818-02-5
A. 9992 2
REPORT OF CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL, SHALL
BE USED ONLY IN CONNECTION WITH A PROCEEDING UNDER THIS ARTICLE OR
RELATED PROCEEDINGS UNDER THIS ACT AND MAY NOT BE REDISCLOSED EXCEPT AS
NECESSARY FOR SUCH PROCEEDING OR PROCEEDINGS AND AS AUTHORIZED BY LAW.
REPORTS UNDER THIS PARAGRAPH MAY BE TRANSMITTED BY ANY APPROPRIATE
MEANS, INCLUDING, BUT NOT LIMITED TO, BY ELECTRONIC MEANS OR PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT.
S 2. Subparagraph (E) of paragraph (i) of subdivision (b) of section
1055 of the family court act, as amended by chapter 41 of the laws of
2010, is REPEALED.
S 3. Section 1055 of the family court act is amended by adding a new
subdivision (j) to read as follows:
(J) IN ANY CASE IN WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS
SECTION PLACING A CHILD IN THE CUSTODY OR CARE OF THE COMMISSIONER OF
SOCIAL SERVICES, THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY
CHARGED WITH CUSTODY OF THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN
PLACEMENT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE
CHILD NOT LATER THAN TEN DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH
THE CHILD IS MOVED FROM THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE
HAS BEEN PLACED OR IN WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH
THE CHILD; PROVIDED, HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACE-
MENT ON AN EMERGENCY BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED
NO LATER THAN THE NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS
BEEN MADE. THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO
SUBMIT A REPORT TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR
THE CHILD OR INCLUDE IN THE PLACEMENT CHANGE REPORT ANY INDICATED REPORT
OF CHILD ABUSE OR MALTREATMENT CONCERNING THE CHILD OR (IF A PERSON OR
PERSONS CARING FOR THE CHILD IS OR ARE THE SUBJECT OF THE REPORT) ANOTH-
ER CHILD IN THE SAME HOME WITHIN FIVE DAYS OF THE INDICATION OF THE
REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDENTIALITY OF IDEN-
TIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE ADOP-
TIVE PARENTS. REPORTS REGARDING INDICATED REPORTS OF CHILD ABUSE OR
MALTREATMENT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE A
STATEMENT ADVISING RECIPIENTS THAT THE INFORMATION IN SUCH REPORT OF
CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL, SHALL BE USED
ONLY IN CONNECTION WITH A PROCEEDING UNDER THIS ARTICLE OR RELATED
PROCEEDINGS UNDER THIS ACT AND MAY NOT BE REDISCLOSED EXCEPT AS NECES-
SARY FOR SUCH PROCEEDING OR PROCEEDINGS AND AS AUTHORIZED BY LAW.
REPORTS UNDER THIS PARAGRAPH MAY BE TRANSMITTED BY ANY APPROPRIATE
MEANS, INCLUDING, BUT NOT LIMITED TO, BY ELECTRONIC MEANS OR PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT.
S 4. Subparagraph (vii) of paragraph 2 of subdivision (d) of section
1089 of the family court act is amended by adding a new clause (H) to
read as follows:
(H) A DIRECTION THAT THE SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY
CHARGED WITH CARE AND CUSTODY OR GUARDIANSHIP AND CUSTODY OF THE CHILD,
AS APPLICABLE, REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE ATTOR-
NEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN
DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS MOVED FROM
THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED OR IN
WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD; PROVIDED,
HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACEMENT ON AN EMERGENCY
BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER THAN THE
NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE. THE
SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT
TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD OR
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INCLUDE IN THE PLACEMENT CHANGE REPORT ANY INDICATED REPORT OF CHILD
ABUSE OR MALTREATMENT CONCERNING THE CHILD OR (IF A PERSON OR PERSONS
CARING FOR THE CHILD IS OR ARE THE SUBJECT OF THE REPORT) ANOTHER CHILD
IN THE SAME HOME WITHIN FIVE DAYS OF THE INDICATION OF THE REPORT. THE
OFFICIAL OR AGENCY MAY PROTECT THE CONFIDENTIALITY OF IDENTIFYING OR
ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE ADOPTIVE
PARENTS. REPORTS UNDER THIS PARAGRAPH SHALL NOT BE SENT TO ATTORNEYS FOR
BIRTH PARENTS WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED OR WHO HAVE
SURRENDERED THEIR CHILD OR CHILDREN. REPORTS REGARDING INDICATED REPORTS
OF CHILD ABUSE OR MALTREATMENT PROVIDED PURSUANT TO THIS SUBDIVISION
SHALL INCLUDE A STATEMENT ADVISING RECIPIENTS THAT THE INFORMATION IN
SUCH REPORT OF CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL,
SHALL BE USED ONLY IN CONNECTION WITH A PROCEEDING UNDER THIS ARTICLE OR
RELATED PROCEEDINGS UNDER THIS ACT AND MAY NOT BE REDISCLOSED EXCEPT AS
NECESSARY FOR SUCH PROCEEDING OR PROCEEDINGS AND AS AUTHORIZED BY LAW.
REPORTS UNDER THIS PARAGRAPH MAY BE TRANSMITTED BY ANY APPROPRIATE
MEANS, INCLUDING, BUT NOT LIMITED TO, BY ELECTRONIC MEANS OR PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT; AND
S 5. Subdivision 3 of section 358-a of the social services law is
amended by adding a new paragraph (g) to read as follows:
(G) IN ANY CASE IN WHICH AN ORDER HAS BEEN ISSUED PURSUANT TO THIS
SECTION APPROVING A FOSTER CARE PLACEMENT INSTRUMENT, THE SOCIAL
SERVICES OFFICIAL OR AUTHORIZED AGENCY CHARGED WITH CUSTODY OR CARE OF
THE CHILD SHALL REPORT ANY ANTICIPATED CHANGE IN PLACEMENT TO THE ATTOR-
NEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD NOT LATER THAN TEN
DAYS PRIOR TO SUCH CHANGE IN ANY CASE IN WHICH THE CHILD IS MOVED FROM
THE FOSTER HOME OR PROGRAM INTO WHICH HE OR SHE HAS BEEN PLACED OR IN
WHICH THE FOSTER PARENTS MOVE OUT OF STATE WITH THE CHILD; PROVIDED,
HOWEVER, THAT WHERE AN IMMEDIATE CHANGE OF PLACEMENT ON AN EMERGENCY
BASIS IS REQUIRED, THE REPORT SHALL BE TRANSMITTED NO LATER THAN THE
NEXT BUSINESS DAY AFTER SUCH CHANGE IN PLACEMENT HAS BEEN MADE. THE
SOCIAL SERVICES OFFICIAL OR AUTHORIZED AGENCY SHALL ALSO SUBMIT A REPORT
TO THE ATTORNEYS FOR THE PARTIES AND THE ATTORNEY FOR THE CHILD OR
INCLUDE IN THE PLACEMENT CHANGE REPORT ANY INDICATED REPORT OF CHILD
ABUSE OR MALTREATMENT CONCERNING THE CHILD OR (IF A PERSON OR PERSONS
CARING FOR THE CHILD IS OR ARE THE SUBJECT OF THE REPORT) CONCERNING
ANOTHER CHILD IN THE SAME HOME WITHIN FIVE DAYS OF THE INDICATION OF THE
REPORT. THE OFFICIAL OR AGENCY MAY PROTECT THE CONFIDENTIALITY OF IDEN-
TIFYING OR ADDRESS INFORMATION REGARDING THE FOSTER OR PROSPECTIVE ADOP-
TIVE PARENTS. REPORTS REGARDING INDICATED REPORTS OF CHILD ABUSE OR
MALTREATMENT PROVIDED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE A
STATEMENT ADVISING RECIPIENTS THAT THE INFORMATION IN SUCH REPORT OF
CHILD ABUSE OR MALTREATMENT SHALL BE KEPT CONFIDENTIAL, SHALL BE USED
ONLY IN CONNECTION WITH A PROCEEDING UNDER THIS SECTION OR RELATED
PROCEEDINGS UNDER THE FAMILY COURT ACT AND MAY NOT BE REDISCLOSED EXCEPT
AS NECESSARY FOR SUCH PROCEEDING OR PROCEEDINGS AND AS AUTHORIZED BY
LAW. REPORTS UNDER THIS PARAGRAPH MAY BE TRANSMITTED BY ANY APPROPRIATE
MEANS, INCLUDING, BUT NOT LIMITED TO, BY ELECTRONIC MEANS OR PLACEMENT
ON THE RECORD DURING PROCEEDINGS IN FAMILY COURT.
S 6. This act shall take effect immediately, provided that sections
one, three, four and five of this act shall take effect on the one
hundred twentieth day after it shall have become a law; provided, howev-
er, that section two of this act shall be deemed to have taken effect on
the same date as section 1 of chapter 342 of the laws of 2010, took
effect; and, provided further, effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
A. 9992 4
implementation of this act on its effective date is authorized and
directed to be completed on or before such effective date.
REPEAL NOTE: Subparagraph (E) of paragraph (i) of subdivision (b) of
section 1055 of the family court act, as amended by section 67 of chap-
ter 41 of the laws of 2010 contains language inconsistent with language
in chapter 342 of the laws of 2010.