S T A T E O F N E W Y O R K
________________________________________________________________________
6859
I N S E N A T E
March 1, 2016
___________
Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
tration) -- 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 contact by siblings in child protective, permanency and
termination of parental rights proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1027-a of the family court act, as added by chapter
854 of the laws of 1990, is amended to read as follows:
S 1027-a. Placement of siblings; CONTACT WITH SIBLINGS. (A) When a
social services official removes a child pursuant to this part, such
official shall place such child with his or her minor siblings or half-
siblings who have been or are being remanded to or placed in the care
and custody of such official unless, in the judgment of such official,
such placement is contrary to the best interests of the children. Place-
ment with siblings or half-siblings shall be presumptively in the
child's best interests unless such placement would be contrary to the
child's health, safety, or welfare. If such placement is not immediately
available at the time of the removal of the child, such official shall
provide or arrange for the provision of such placement within thirty
days.
(B) IF PLACEMENT OF A CHILD REMOVED PURSUANT TO THIS PART TOGETHER
WITH HIS OR HER MINOR SIBLINGS IS NOT IN THE BEST INTERESTS OF THE
CHILD, THE SOCIAL SERVICES OFFICIAL SHALL ARRANGE APPROPRIATE AND REGU-
LAR CONTACT BY THE CHILD WITH HIS OR HER MINOR SIBLINGS AND HALF-SI-
BLINGS UNLESS SUCH CONTACT WOULD NOT BE IN THE CHILD'S AND THE SIBLINGS'
BEST INTERESTS.
(C) IF A CHILD REMOVED PURSUANT TO THIS PART IS NOT PLACED TOGETHER OR
AFFORDED REGULAR CONTACT WITH HIS OR HER SIBLINGS, THE CHILD, THROUGH
HIS OR HER ATTORNEY OR THROUGH A PARENT ON HIS OR HER BEHALF, MAY MOVE
FOR AN ORDER REGARDING PLACEMENT OR CONTACT. THE MOTION SHALL BE SERVED
UPON: (I) THE RESPONDENT IN THE PROCEEDING UNDER THIS ARTICLE; (II) THE
LOCAL SOCIAL SERVICES OFFICIAL HAVING THE CARE OF THE CHILD; (III) OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14209-01-6
S. 6859 2
PERSONS HAVING CARE, CUSTODY AND CONTROL OF THE CHILD, IF ANY; (IV) THE
PARENTS OR OTHER PERSONS HAVING CARE, CUSTODY AND CONTROL OF THE
SIBLINGS TO BE VISITED OR WITH WHOM CONTACT IS SOUGHT; (V) ANY NON-RES-
PONDENT PARENT IN THE PROCEEDING UNDER THIS ARTICLE; (VI) SUCH SIBLING
HIMSELF OR HERSELF IF TEN YEARS OF AGE OR OLDER; AND (VII) SUCH
SIBLING'S ATTORNEY, IF ANY. FOR PURPOSES OF THIS SECTION, "SIBLINGS"
SHALL INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR
HALF-SIBLINGS BUT FOR THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A
PARENT. THE COURT MAY ORDER THAT THE CHILD BE PLACED TOGETHER WITH OR
HAVE REGULAR CONTACT WITH HIS OR HER SIBLINGS IF THE COURT DETERMINES IT
TO BE IN THE BEST INTERESTS OF THE CHILD AND HIS OR HER SIBLINGS.
S 2. Subdivision (c) of section 1055 of the family court act, as
amended by chapter 437 of the laws of 2006, is amended to read as
follows:
(c) In addition to or in lieu of an order of placement made pursuant
to subdivision (b) of this section, the court may make an order direct-
ing a child protective agency, social services official or other duly
authorized agency to undertake diligent efforts to encourage and
strengthen the parental relationship when it finds such efforts will not
be detrimental to the best interests of the child. Such efforts shall
include encouraging and facilitating visitation with the child by the
parent or other person legally responsible for the child's care. Such
order may include a specific plan of action for such agency or official
including, but not limited to, requirements that such agency or official
assist the parent or other person responsible for the child's care in
obtaining adequate housing, employment, counseling, medical care or
psychiatric treatment. Such order shall also include encouraging and
facilitating visitation with the child by the non-custodial parent and
grandparents who have obtained orders pursuant to part eight of this
article, and may include encouraging and facilitating visitation with
the child by the child's siblings. THE ORDER MAY INCORPORATE AN ORDER,
IF ANY, ISSUED PURSUANT TO SUBDIVISION (C) OF SECTION ONE THOUSAND TWEN-
TY-SEVEN-A OR ONE THOUSAND EIGHTY-ONE OF THIS ARTICLE, PROVIDED THAT
SUCH VISITATION OR CONTACT IS IN THE BEST INTERESTS OF THE CHILD AND HIS
OR HER SIBLINGS. FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL INCLUDE
HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SIBLINGS
BUT FOR THE TERMINATION OF PARENTAL RIGHTS OF DEATH OF A PARENT. Nothing
in this subdivision shall be deemed to limit the authority of the court
to make an order pursuant to section two hundred fifty-five of this act.
S 3. Section 1081 of the family court act, as added by chapter 457 of
the laws of 1988 and subdivision 4 as amended by chapter 41 of the laws
of 2010, is amended to read as follows:
S 1081. Visitation rights. 1. A non-custodial parent or grandparent
shall have the visitation rights with a child remanded or placed in the
care of a social services official pursuant to this article as conferred
by order of the family court or by any order or judgment of the supreme
court, or by written agreement between the parents as described in
section two hundred thirty-six of the domestic relations law, subject to
the provisions of section one thousand eighty-two of this part.
2. (A) A non-custodial parent or any grandparent or grandparents who
have not been afforded the visitation rights described in subdivision
one of this section[,] shall have the right to petition the court for
enforcement of visitation rights with a child remanded or placed in the
care of a social services official pursuant to this article, as such
visitation rights have been conferred by order of the family court or by
any order or judgment of the supreme court, or by written agreement
S. 6859 3
between the parents as described in section two hundred thirty-six of
the domestic relations law.
(B) A CHILD REMANDED OR PLACED IN THE CARE OF A SOCIAL SERVICES OFFI-
CIAL PURSUANT TO THIS ARTICLE SHALL HAVE THE RIGHT TO MOVE FOR VISITA-
TION AND CONTACT WITH HIS OR HER SIBLINGS. THE SIBLINGS OF A CHILD
REMANDED OR PLACED IN THE CARE OF A SOCIAL SERVICES OFFICIAL PURSUANT TO
THIS ARTICLE SHALL HAVE A RIGHT TO PETITION THE COURT FOR VISITATION AND
CONTACT WITH SUCH CHILD. FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL
INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SI-
BLINGS BUT FOR THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
3. (a) The petition by a non-custodial parent shall allege that such
parent has visitation rights conferred by order of the family court or
by any order or judgment of the supreme court or by written agreement
between the parents as described in section two hundred thirty-six of
the domestic relations law, shall have a copy of such order, judgment or
agreement attached thereto, shall request enforcement of such rights
pursuant to this part, and shall state, when known by the petitioner,
that visitation rights with the child by any grandparent or grandparents
have been conferred by order of the supreme court or family court pursu-
ant to section seventy-two or two hundred forty of the domestic
relations law, and shall provide the name and address of such grandpar-
ent or grandparents.
(b) A petition by a grandparent or grandparents shall allege that such
grandparent or grandparents have been granted visitation rights with the
child pursuant to section seventy-two or two hundred forty of the domes-
tic relations law, or subdivision (b) of section six hundred fifty-one
of this act, shall have a copy of such order or judgment attached there-
to, and shall request enforcement of such rights pursuant to this part.
(C) A MOTION BY A CHILD REMANDED OR PLACED IN THE CARE OF A SOCIAL
SERVICES OFFICIAL PURSUANT TO THIS ARTICLE OR A PETITION BY A SIBLING OF
SUCH CHILD SHALL ALLEGE THAT VISITATION AND CONTACT WOULD BE IN THE BEST
INTERESTS OF BOTH THE CHILD WHO HAS BEEN REMANDED OR PLACED AND THE
CHILD'S SIBLING.
4. [The] (A) A petition FILED UNDER PARAGRAPHS (A) OR (B) OF SUBDIVI-
SION THREE OF THIS SECTION shall be served upon the respondent in a
proceeding under this article, the local social services official having
the care of the child, any grandparent or grandparents named in the
petition as having visitation rights conferred by court order pursuant
to section seventy-two or two hundred forty of the domestic relations
law, and upon the child's attorney. The petition shall be served in such
manner as the court may direct.
(B) A PETITION OR MOTION FILED UNDER PARAGRAPH (C) OF SUBDIVISION
THREE OF THIS SECTION SHALL BE SERVED UPON: (I) THE RESPONDENT IN THE
PROCEEDING UNDER THIS ARTICLE; (II) THE LOCAL SOCIAL SERVICES OFFICIAL
HAVING THE CARE OF THE CHILD; (III) OTHER PERSONS HAVING CARE, CUSTODY
AND CONTROL OF THE CHILD, IF ANY; (IV) THE PARENTS OR OTHER PERSONS
HAVING CARE, CUSTODY AND CONTROL OF THE SIBLING TO BE VISITED OR WITH
WHOM CONTACT IS SOUGHT; (V) ANY NON-RESPONDENT PARENT IN THE PROCEEDING
UNDER THIS ARTICLE; (VI) SUCH SIBLING HIMSELF OR HERSELF IF TEN YEARS OF
AGE OR OLDER; AND (VII) SUCH SIBLING'S ATTORNEY, IF ANY. THE PETITION
OR MOTION SHALL BE SERVED IN SUCH MANNER AS THE COURT MAY DIRECT.
5. (A) Upon receipt of [such] A petition FILED UNDER PARAGRAPHS (A) OR
(B) OF SUBDIVISION THREE OF THIS SECTION, the court shall, subject to
the provisions of section one thousand eighty-two of this part, require
that any order of a family court or order or judgment of the supreme
court, or any agreement between the parents as described in subdivision
S. 6859 4
one of this section, granting visitation rights to the non-custodial
parent, grandparent or grandparents, be incorporated in any preliminary
order or order of placement made under this article to the extent that
such order, judgment or agreement confers visitation rights. In any case
where a dispositional hearing has not been held or will not be held
within thirty days of the filing of such petition the court shall order
the person, official, agency or institution caring for the child pursu-
ant to this article to comply with such part of the order, judgment or
agreement granting visitation rights.
(B) UPON RECEIPT OF A PETITION OR MOTION FILED UNDER PARAGRAPH (C) OF
SUBDIVISION THREE OF THIS SECTION, THE COURT SHALL DETERMINE, AFTER
GIVING NOTICE AND AN OPPORTUNITY TO BE HEARD TO PERSONS SERVED UNDER
SUBDIVISION FOUR OF THIS SECTION, WHETHER VISITATION AND CONTACT WOULD
BE IN THE BEST INTERESTS OF THE CHILD AND HIS OR HER SIBLING. THE
COURT'S DETERMINATION MAY BE INCLUDED IN THE DISPOSITIONAL ORDER ISSUED
PURSUANT TO SECTION ONE THOUSAND FIFTY-TWO OF THIS ARTICLE.
(C) Violation of [such] AN order ISSUED UNDER THIS SECTION shall be
punishable pursuant to section seven hundred fifty-three of the judici-
ary law.
S 4. Clause (F) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 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:
(F) The court may make an order directing a local social services
district or agency to undertake diligent efforts to encourage and
strengthen the parental relationship when it finds such efforts will not
be detrimental to the best interests of the child and there has been no
prior court finding that such efforts are not required. Such efforts
shall include encouraging and facilitating visitation with the child by
the parent or other person legally responsible for the child's care.
Such order may include a specific plan of action for the local social
services district or agency including, but not limited to, requirements
that such agency assist the parent or other person legally responsible
for the child's care in obtaining adequate housing, employment, coun-
seling, medical care or psychiatric treatment. Such order shall also
include encouraging and facilitating visitation with the child by the
noncustodial parent and grandparents who have the right to visitation
pursuant to section one thousand eighty-one of this act[, and]. SUCH
ORDER may ALSO include encouraging and facilitating visitation with the
child by the child's siblings AND MAY INCORPORATE AN ORDER, IF ANY,
ISSUED PURSUANT TO SECTION ONE THOUSAND TWENTY-SEVEN-A OR ONE THOUSAND
EIGHTY-ONE OF THIS ACT. FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL
INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SI-
BLINGS BUT FOR THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
Nothing in this subdivision shall be deemed to limit the authority of
the court to make an order pursuant to section two hundred fifty-five of
this act.
S 5. Subparagraph (v) of paragraph (l) of subdivision 3 and subdivi-
sion 9 of section 384-b of the social services law, subparagraph (v) of
paragraph (l) of subdivision 3 as added by chapter 113 of the laws of
2010 and subdivision 9 as amended by section 58 of part A of chapter 3
of the laws of 2005, are amended to read as follows:
(v) For the purposes of clause (D) of subparagraph (i) of this para-
graph, an assessment of whether a parent maintains a meaningful role in
his or her child's life shall be based on evidence, which may include
the following: a parent's expressions or acts manifesting concern for
the child, such as letters, telephone calls, visits, and other forms of
S. 6859 5
communication with the child; efforts by the parent to communicate and
work with the authorized agency, [law guardian] ATTORNEY FOR THE CHILD,
foster parent, the court, and the parent's attorney or other individuals
providing services to the parent, including correctional, mental health
and substance abuse treatment program personnel for the purpose of
complying with the service plan and repairing, maintaining or building
the parent-child relationship; a positive response by the parent to the
authorized agency's diligent efforts as defined in paragraph (f) of
subdivision seven of this section; and whether the continued involvement
of the parent in the child's life is in the child's best interest. In
assessing whether a parent maintains a meaningful role in his or her
child's life, the authorized agency shall gather input from individuals
and agencies in a reasonable position to help make this assessment,
including but not limited to, the authorized agency, [law guardian]
ATTORNEY FOR THE CHILD, parent, child, foster parent or other individ-
uals of importance in the child's life, and parent's attorney or other
individuals providing services to the parent, including correctional,
mental health and substance abuse treatment program personnel. The court
may make an order directing the authorized agency to undertake further
steps to aid in completing its assessment.
9. Nothing in this section shall be construed to terminate, upon
commitment of the guardianship and custody of a child to an authorized
agency or foster parent, any rights and benefits, including but not
limited to rights relating to CONTACT WITH SIBLINGS, inheritance,
succession, social security, insurance and wrongful death action claims,
possessed by or available to the child pursuant to any other provision
of law. FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL INCLUDE HALF-SI-
BLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SIBLINGS BUT FOR
THE TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT. Notwithstanding
any other provision of law, a child committed to the custody and guardi-
anship of an authorized agency pursuant to this section shall be deemed
to continue in foster care until such time as an adoption or another
planned permanent living arrangement is finalized. Where the disposition
ordered is the commitment of guardianship and custody pursuant to this
section, an initial freed child permanency hearing shall be held pursu-
ant to section one thousand eighty-nine of the family court act.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to petitions filed on or after such
date.