S T A T E O F N E W Y O R K
________________________________________________________________________
7553
2017-2018 Regular Sessions
I N A S S E M B L Y
May 2, 2017
___________
Introduced by M. of A. BUCHWALD, JAFFEE -- (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 contact by siblings in foster care, surrender, destitute
child and permanency proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 1081 of the fami-
ly court act, as added by chapter 242 of the laws of 2016, is amended to
read as follows:
(b) A child remanded or placed in the care of a social services offi-
cial pursuant to this article OR ARTICLE TEN-A OR TEN-C OF THIS ACT
shall have the right to move for visitation 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 OR ARTICLE TEN-A OR
TEN-C OF THIS ACT shall have a right to petition the court for visita-
tion and contact with such child. 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.
§ 2. Paragraph (c) of subdivision 3 of section 1081 of the family
court act, as added by chapter 242 of the laws of 2016, is amended to
read as follows:
(c) A motion by a child remanded or placed in the care of a social
services official pursuant to this article OR ARTICLE TEN-A OR TEN-C OF
THIS ACT 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10183-01-7
A. 7553 2
§ 3. Paragraph (b) of subdivision 4 of section 1081 of the family
court act, as added by chapter 242 of the laws of 2016, is amended to
read as follows:
(b) A petition or motion filed under paragraph [(c)] (B) of subdivi-
sion [three] TWO of this section shall be served upon: (i) the respond-
ent in the proceeding under this article OR ARTICLE TEN-A OR TEN-C OF
THIS ACT; (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 OR
ARTICLE TEN-A OR TEN-C OF THIS ACT; (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.
§ 4. Paragraphs (a) and (b) of subdivision 5 of section 1081 of the
family court act, paragraph (a) as amended and paragraph (b) as added by
chapter 242 of the laws of 2016, are amended to read as follows:
(a) Upon receipt of a petition filed under paragraphs (a) or (b) of
subdivision [three] TWO 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 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 OR ONE THOUSAND NINETY-FIVE
of this [article] CHAPTER OR IN A PERMANENCY HEARING ORDER ISSUED PURSU-
ANT TO SECTION ONE THOUSAND EIGHTY-NINE OF THIS CHAPTER.
§ 5. Clause (F) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as amended by chapter 242
of the laws of 2016, is amended and a new clause (I) is added 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-
A. 7553 3
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. Such order may
also include encouraging and facilitating REGULAR visitation AND COMMU-
NICATION with the child by the child's siblings and may incorporate an
order, if any, issued pursuant to THIS SECTION OR section one thousand
twenty-seven-a or one thousand eighty-one of this act, OR PURSUANT TO
SECTION THREE HUNDRED FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW OR
SECTION SEVENTY-ONE OF THE DOMESTIC RELATIONS LAW. For purposes of this
section, "siblings" shall include half-siblings and those who would be
deemed siblings or half-siblings but for the SURRENDER, 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.
(I) IF THE COURT DETERMINES THAT THE SUBJECT CHILD HAS NOT BEEN PLACED
WITH HIS OR HER MINOR SIBLINGS OR HALF-SIBLINGS WHO ARE IN CARE, OR THAT
REGULAR VISITATION AND OTHER FORMS OF REGULAR COMMUNICATION BETWEEN THE
SUBJECT CHILD AND HIS OR HER MINOR SIBLINGS OR HALF-SIBLINGS HAS NOT
BEEN PROVIDED OR ARRANGED FOR, THE COURT MAY DIRECT SUCH OFFICIAL TO
PROVIDE OR ARRANGE FOR SUCH PLACEMENT OR REGULAR VISITATION AND COMMUNI-
CATION WHERE THE COURT FINDS THAT SUCH PLACEMENT OR VISITATION AND
COMMUNICATION IS IN THE CHILD'S AND HIS OR HER SIBLINGS' OR HALF-SI-
BLINGS' BEST INTERESTS. PLACEMENT OR REGULAR VISITATION AND COMMUNI-
CATION WITH SIBLINGS OR HALF-SIBLINGS SHALL BE PRESUMPTIVELY IN THE
CHILD'S AND HIS OR HER SIBLINGS' OR HALF-SIBLINGS' BEST INTERESTS UNLESS
SUCH PLACEMENT OR VISITATION AND COMMUNICATION WOULD BE CONTRARY TO THE
CHILD'S OR HIS OR HER SIBLINGS' OR HALF-SIBLINGS' HEALTH, SAFETY OR
WELFARE, OR THE LACK OF GEOGRAPHIC PROXIMITY PRECLUDES OR PREVENTS VISI-
TATION. IF A CHILD PLACED IN FOSTER CARE PURSUANT TO THIS SECTION IS NOT
PLACED TOGETHER OR AFFORDED REGULAR COMMUNICATION 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 COMMUNI-
CATION. THE MOTION SHALL BE SERVED UPON: THE PARENT OR PARENTS IN THE
PROCEEDING UNDER THIS SECTION; THE LOCAL SOCIAL SERVICES OFFICIAL HAVING
THE CARE OF THE CHILD; OTHER PERSONS HAVING CARE, CUSTODY AND CONTROL OF
THE CHILD, IF ANY; THE PARENTS OR OTHER PERSONS HAVING CARE, CUSTODY AND
CONTROL OF THE SIBLINGS TO BE VISITED OR WITH WHOM CONTACT IS SOUGHT;
SUCH SIBLING HIMSELF OR HERSELF IF TEN YEARS OF AGE OR OLDER; AND SUCH
SIBLINGS' ATTORNEY, IF ANY. UPON RECEIPT OF A MOTION FILED UNDER THIS
PARAGRAPH THE COURT SHALL DETERMINE, AFTER GIVING NOTICE AND AN OPPORTU-
NITY TO BE HEARD TO THE PERSONS SERVED, WHETHER VISITATION AND CONTACT
WOULD BE IN THE BEST INTERESTS OF THE CHILD AND HIS OR HER SIBLINGS. THE
COURT MAY ORDER THAT THE CHILD BE PLACED TOGETHER WITH OR HAVE REGULAR
COMMUNICATION WITH HIS OR HER SIBLINGS IF THE COURT DETERMINES IT TO BE
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 SURRENDER, TERMI-
NATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
§ 6. Paragraph 3 of subdivision (e) of section 1095 of the family
court act, as amended by chapter 3 of the laws of 2012, is amended to
read as follows:
(3) a direction that the child be placed together with or, at minimum,
to visit and have regular communication with, his or her siblings, if
any, unless contrary to the best interests of the child and/or the
siblings AND MAY INCORPORATE AN ORDER ISSUED PURSUANT TO PART EIGHT OF
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ARTICLE TEN OF THIS CHAPTER IN ACCORDANCE WITH SUBDIVISION (F) OF THIS
SECTION;
§ 7. Paragraph (b) of subdivision 11 of section 358-a of the social
services law, as added by chapter 854 of the laws of 1990, is amended
and two new paragraphs (c) and (d) are added to read as follows:
(b) If the court determines that the subject child has not been placed
with his or her minor siblings or half-siblings who are in care, or that
regular visitation and other forms of regular communication between the
subject child and his or her minor siblings or half-siblings has not
been provided or arranged for, the court may direct such official to
provide or arrange for such placement or regular visitation and communi-
cation where the court finds that such placement or visitation and
communication is in the child's AND HIS OR HER SIBLINGS' OR HALF-SI-
BLINGS' best interests. Placement or regular visitation and communi-
cation with siblings or half-siblings shall be presumptively in the
child's AND HIS OR HER SIBLINGS' OR HALF-SIBLINGS' best interests unless
such placement or visitation and communication would be contrary to the
child's OR HIS OR HER SIBLINGS' OR HALF-SIBLINGS' health, safety or
welfare, or the lack of geographic proximity precludes or prevents visi-
tation.
(C) IF A CHILD PLACED IN FOSTER CARE PURSUANT TO THIS SECTION IS NOT
PLACED TOGETHER OR AFFORDED REGULAR COMMUNICATION 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 COMMUNI-
CATION. THE MOTION SHALL BE SERVED UPON: (I) THE PARENT OR PARENTS IN
THE PROCEEDING UNDER THIS SECTION; (II) THE LOCAL SOCIAL SERVICES OFFI-
CIAL 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 SIBLINGS TO BE VISITED
OR WITH WHOM CONTACT IS SOUGHT; (V) SUCH SIBLING HIMSELF OR HERSELF IF
TEN YEARS OF AGE OR OLDER; AND (VI) SUCH SIBLING'S ATTORNEY, IF ANY.
UPON RECEIPT OF A MOTION FILED UNDER THIS PARAGRAPH THE COURT SHALL
DETERMINE, AFTER GIVING NOTICE AND AN OPPORTUNITY TO BE HEARD TO THE
PERSONS SERVED, WHETHER VISITATION AND CONTACT WOULD BE IN THE BEST
INTERESTS OF THE CHILD AND HIS OR HER SIBLINGS. THE COURT MAY ORDER THAT
THE CHILD BE PLACED TOGETHER WITH OR HAVE REGULAR COMMUNICATION WITH HIS
OR HER SIBLINGS IF THE COURT DETERMINES IT TO BE IN THE BEST INTERESTS
OF THE CHILD AND HIS OR HER SIBLINGS.
(D) FOR PURPOSES OF THIS SECTION, "SIBLINGS" SHALL INCLUDE HALF-SI-
BLINGS AND THOSE WHO WOULD BE DEEMED SIBLINGS OR HALF-SIBLINGS BUT FOR
THE SURRENDER, TERMINATION OF PARENTAL RIGHTS OR DEATH OF A PARENT.
§ 8. Section 383-c of the social services law is amended by adding a
new subdivision 11 to read as follows:
11. ACCEPTANCE OF SURRENDER. ACCEPTANCE OF A JUDICIAL SURRENDER OR
APPROVAL OF AN EXTRA-JUDICIAL SURRENDER PURSUANT TO THIS SECTION SHALL
NOT BE CONSTRUED TO TERMINATE ANY RIGHTS OF THE CHILD TO CONTACT 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 SURRENDER, TERMINATION OF PARENTAL RIGHTS OR DEATH OF A
PARENT.
§ 9. Section 384 of the social services law is amended by adding a new
subdivision 9 to read as follows:
9. ACCEPTANCE OF A JUDICIAL SURRENDER OR APPROVAL OF AN EXTRA-JUDICIAL
SURRENDER PURSUANT TO THIS SECTION SHALL NOT BE CONSTRUED TO TERMINATE
ANY RIGHTS OF THE CHILD TO CONTACT HIS OR HER SIBLINGS. FOR PURPOSES OF
THIS SECTION, "SIBLINGS" SHALL INCLUDE HALF-SIBLINGS AND THOSE WHO WOULD
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BE DEEMED SIBLINGS OR HALF SIBLINGS BUT FOR THE SURRENDER, TERMINATION
OF PARENTAL RIGHTS OR DEATH OF A PARENT.
§ 10. This act shall take effect on the ninetieth day after it shall
have become a law.