Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
Feb 06, 2018 |
advanced to third reading |
Feb 05, 2018 |
2nd report cal. amended 4765a |
Jan 30, 2018 |
1st report cal.343 |
Jan 03, 2018 |
referred to children and families |
Jun 06, 2017 |
reported and committed to rules |
Feb 27, 2017 |
referred to children and families |
Senate Bill S4765
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Votes
Bill Amendments
2017-S4765 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §112-b, Dom Rel L; amd §262, Fam Ct Act; amd §§383-c & 384, Soc Serv L
- Versions Introduced in 2015-2016 Legislative Session:
-
S7221
2017-S4765 - Sponsor Memo
BILL NUMBER: S4765 REVISED MEMO 02/26/2018 SPONSOR: AVELLA TITLE OF BILL: An act to amend the domestic relations law, the family court act and the social services law, in relation to conditional surrenders of parental rights in family and surrogate's court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. As noted by the Court of Appeals in Mailer ofJacob, 86 N.Y.2d 651 (1995), legislation enacted in 1990 authorizing surrenders of the parental rights in children to authorized child care agencies to contain conditions including, among others, designation of specific adoptive parents and delineation of post-adoption contact, reflected the first recognition of "open adoptions" under State law. See L. 1990, c. 479. This legislation and its subsequent amendments created a framework to enable parents surrendering children to authorized child care agencies for purposes of adoption to seek judicial enforcement of agreed-upon conditions to the extent that the conditions comport with the children's best interests. With detailed provisions for birth parents to receive notice of the consequences of their surrenders, sections 383-c and 384
2017-S4765 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4765 2017-2018 Regular Sessions I N S E N A T E February 27, 2017 ___________ 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 domestic relations law, the family court act and the social services law, in relation to conditional surrenders of parental rights in family and surrogate's court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 112-b of the domestic relations law, subdivision 1 as added by section 63 of part A of chapter 3 of the laws of 2005 and subdivision 2 as amended by chapter 41 of the laws of 2010, are amended to read as follows: 1. Nothing in this section shall be construed to prohibit the parties to a proceeding under this chapter from entering into an agreement regarding communication with or contact between an adoptive child, adop- tive parent or parents and a birth parent or parents and/or the adoptive child's biological siblings or half-siblings, PROVIDED, HOWEVER, THAT SUCH AN AGREEMENT SHALL NOT BE LEGALLY ENFORCEABLE UNLESS THE JUDICIAL APPROVAL OF THE AGREEMENT HAS BEEN INCORPORATED INTO A WRITTEN ORDER ENTERED BY THE COURT IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION. 2. Agreements regarding communication or contact between an adoptive child, adoptive parent or parents, and a birth parent or parents and/or biological siblings or half-siblings of an adoptive child shall not be legally enforceable unless the terms of the agreement are incorporated into a written court order entered in accordance with the provisions of this section. AN AGREEMENT FOR CONTACT OR COMMUNICATION BETWEEN THE CHILD AND HIS OR HER SIBLINGS OR HALF-SIBLINGS WHERE THE CHILD AND/OR SIBLINGS OR HALF-SIBLINGS ARE FOURTEEN YEARS OF AGE OR OLDER SHALL NOT BE ENFORCEABLE UNLESS SUCH CHILD AND SUCH SIBLING OR HALF-SIBLING CONSENT TO THE AGREEMENT IN WRITING. The court shall not incorporate an agreement regarding communication or contact into an order unless the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2017-S4765A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §112-b, Dom Rel L; amd §262, Fam Ct Act; amd §§383-c & 384, Soc Serv L
- Versions Introduced in 2015-2016 Legislative Session:
-
S7221
2017-S4765A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4765A SPONSOR: AVELLA TITLE OF BILL: An act to amend the domestic relations law, the family court act and the social services law, in relation to conditional surrenders of parental rights in family and surrogate's court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court and Rules Advisory Committee. As noted by the Court of Appeals in Matter of Jacob, 86 N.Y.2d 651 (1995), legislation enacted in 1990 authorizing surrenders of the parental rights in children to authorized child care agencies to contain conditions including, among others, designation of specific adoptive parents and delineation of post-adoption contact, reflected the first recognition of "open adoptions" under State law. See L. 1990, c. 479. This legislation and its subsequent amendments created a framework to enable parents surrendering children to authorized child care agencies for purposes of adoption to be able to seek judicial enforcement of agreed-upon conditions to the extent that the conditions comport with the children's best interests. With detailed provisions for birth parents to receive notice of the consequences of their surrenders,
2017-S4765A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4765--A 2017-2018 Regular Sessions I N S E N A T E February 27, 2017 ___________ 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 -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the domestic relations law, the family court act and the social services law, in relation to conditional surrenders of parental rights in family and surrogate's court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 112-b of the domestic relations law, subdivision 1 as added by section 63 of part A of chapter 3 of the laws of 2005 and subdivision 2 as amended by chapter 41 of the laws of 2010, are amended to read as follows: 1. Nothing in this section shall be construed to prohibit the parties to a proceeding under this chapter from entering into an agreement regarding communication with or contact between an adoptive child, adop- tive parent or parents and a birth parent or parents and/or the adoptive child's biological siblings or half-siblings, PROVIDED, HOWEVER, THAT SUCH AN AGREEMENT SHALL NOT BE LEGALLY ENFORCEABLE UNLESS THE JUDICIAL APPROVAL OF THE AGREEMENT HAS BEEN INCORPORATED INTO A WRITTEN ORDER ENTERED BY THE COURT IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION. 2. Agreements regarding communication or contact between an adoptive child, adoptive parent or parents, and a birth parent or parents and/or biological siblings or half-siblings of an adoptive child shall not be legally enforceable unless the terms of the agreement are incorporated into a written court order entered in accordance with the provisions of this section. AN AGREEMENT FOR CONTACT OR COMMUNICATION BETWEEN THE CHILD AND HIS OR HER SIBLINGS OR HALF-SIBLINGS WHERE THE CHILD AND/OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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