S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6026
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced  by M. of A. TITUS -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the family court act, in relation to mandating the sche-
   duling and holding of expiration of order hearings or  conferences  in
   certain cities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 1039 of the family court act, as
 amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
 follows:
   (c)  Such  order  may  include  terms  and conditions agreeable to the
 parties and to the court, provided that such terms and conditions  shall
 include  a  requirement  that  the child and the respondent be under the
 supervision of a child protective agency during the adjournment  period.
 In  any  order  issued  pursuant  to  this section, such agency shall be
 directed to make a progress report to the court,  the  parties  and  the
 child's  attorney  on  the  implementation  of such order, no later than
 ninety days after the issuance of such order, unless  the  court  deter-
 mines  that  the facts and circumstances of the case do not require such
 reports to be made. The  child  protective  agency  shall  make  further
 reports  to  the  court,  the  parties  and the child's attorney in such
 manner and at such times as the court may direct.    IN  CITIES  WITH  A
 POPULATION  OF  ONE  MILLION OR MORE, THE COURT SHALL SET A DATE CERTAIN
 FOR AN EXPIRATION OF ORDER HEARING OR CONFERENCE,  FOR  THE  PURPOSE  OF
 HAVING  THE CHILD PROTECTIVE AGENCY REPORT TO THE COURT AND THE PARTIES,
 INCLUDING ANY NON-RESPONDENT PARENT AND THE  CHILD'S  ATTORNEY,  ON  THE
 STATUS  AND  CIRCUMSTANCES  OF  THE  CHILD AND FAMILY AND ON ANY ACTIONS
 TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH  RESPECT  TO  SUCH  CHILD  AND
 FAMILY.    THE  HEARING  OR  CONFERENCE SHALL BE COMMENCED NO LATER THAN
 THIRTY DAYS BEFORE THE EXPIRATION OF  THE  SUPERVISION  ORDER,  AND  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07721-01-9
              

 A. 6026                             2
 
 COURT  SHALL SPECIFY THE HEARING OR CONFERENCE DATE IN THE DISPOSITIONAL
 ORDER.
   §  2.  Section 1053 of the family court act is amended by adding a new
 subdivision (d) to read as follows:
   (D) IN CITIES WITH A POPULATION OF ONE  MILLION  OR  MORE,  WHERE  THE
 DISPOSITION  OF A DISPOSITIONAL HEARING IS A SUSPENDED JUDGMENT, AND THE
 CHILD IS RELEASED TO THE CUSTODY OF HIS OR HER PARENT  OR  OTHER  PERSON
 LEGALLY RESPONSIBLE FOR HIS OR HER CARE AT THE TIME OF THE FILING OF THE
 PETITION  WITH  SUPERVISION,  THE  COURT SHALL SET A DATE CERTAIN FOR AN
 EXPIRATION OF ORDER HEARING OR CONFERENCE, FOR THE PURPOSE OF HAVING THE
 CHILD PROTECTIVE AGENCY REPORT TO THE COURT AND THE  PARTIES,  INCLUDING
 ANY  NON-RESPONDENT  PARENT  AND THE CHILD'S ATTORNEY, ON THE STATUS AND
 CIRCUMSTANCES OF THE CHILD AND  FAMILY  AND  ON  ANY  ACTIONS  TAKEN  OR
 CONTEMPLATED  BY  SUCH AGENCY WITH RESPECT TO SUCH CHILD AND FAMILY. THE
 HEARING OR CONFERENCE SHALL BE  COMMENCED  NO  LATER  THAN  THIRTY  DAYS
 BEFORE  THE  EXPIRATION  OF  THE  SUPERVISION ORDER, AND THE COURT SHALL
 SPECIFY THE HEARING OR CONFERENCE DATE IN THE DISPOSITIONAL ORDER.
   § 3. Subdivision (a) of section 1054  of  the  family  court  act,  as
 amended  by  chapter  567  of  the  laws  of 2015, is amended to read as
 follows:
   (a) An order of disposition may release the  child  for  a  designated
 period  of  up  to  one  year to a non-respondent parent or parents or a
 person or persons who had been the child's legal custodian  or  guardian
 at  the  time  of  the filing of the petition, and who is not or are not
 respondents in the proceeding under this article. An  order  under  this
 section  may  be  extended upon a hearing for a period of up to one year
 for good cause.  IN CITIES WITH A POPULATION OF ONE MILLION OR MORE,  AT
 THE CONCLUSION OF A DISPOSITIONAL HEARING AT WHICH THE CHILD IS RELEASED
 TO  THE  CUSTODY  OF  A  NON-RESPONDENT PARENT OR PARENTS OR A PERSON OR
 PERSONS WHO HAD BEEN THE CHILD'S LEGAL CUSTODIAN OR GUARDIAN AT THE TIME
 OF THE FILING OF THE PETITION WITH SUPERVISION, THE COURT  SHALL  SET  A
 DATE  CERTAIN  FOR AN EXPIRATION OF ORDER HEARING OR CONFERENCE, FOR THE
 PURPOSE OF HAVING THE CHILD PROTECTIVE AGENCY REPORT TO  THE  COURT  AND
 THE  PARTIES, INCLUDING ANY NON-RESPONDENT PARENT AND THE CHILD'S ATTOR-
 NEY, ON THE STATUS AND CIRCUMSTANCES OF THE CHILD AND FAMILY AND ON  ANY
 ACTIONS  TAKEN OR CONTEMPLATED BY SUCH AGENCY WITH RESPECT TO SUCH CHILD
 AND FAMILY. THE HEARING OR CONFERENCE SHALL BE COMMENCED NO  LATER  THAN
 THIRTY  DAYS  BEFORE  THE  EXPIRATION  OF THE SUPERVISION ORDER, AND THE
 COURT SHALL SPECIFY THE HEARING OR CONFERENCE DATE IN THE  DISPOSITIONAL
 ORDER.
   § 4. Section 1058 of the family court act, as amended by chapter 41 of
 the laws of 2010, is amended to read as follows:
   §  1058.  Expiration  of orders. No later than sixty days prior to the
 expiration of an order issued pursuant to paragraph (i),  (ii),  [(iv),]
 or (v) of subdivision (a) of section one thousand fifty-two of this part
 or  [prior to] the conclusion of the period of an adjournment in contem-
 plation of dismissal pursuant to section  one  thousand  thirty-nine  of
 this  article,  where  no application has been made seeking extension of
 such orders or adjournments and,  with  respect  to  an  adjournment  in
 contemplation  of  dismissal,  no  violations  of  the court's order are
 before the court, OR FOURTEEN DAYS PRIOR TO AN EXPIRATION OF ORDER HEAR-
 ING OR CONFERENCE HELD PURSUANT TO SUBDIVISION (C) OF SECTION ONE  THOU-
 SAND  THIRTY-NINE  OF THIS ARTICLE, SUBDIVISION (D) OF SECTION ONE THOU-
 SAND FIFTY-THREE, OR SUBDIVISION (A) OF SECTION ONE THOUSAND  FIFTY-FOUR
 OF  THIS  PART  WHERE  ONE HAS BEEN ORDERED, the child protective agency
 shall, whether or not the child has been or  will  be  returned  to  the

 A. 6026                             3
 
 family,  SUBMIT  AN  EXPIRATION  OF ORDER report to the court[,] AND the
 parties, including any non-respondent parent and the child's attorney on
 the status and circumstances of the child and  family  and  any  actions
 taken  or  contemplated  by  such  agency with respect to such child and
 family.  WHERE AN EXPIRATION OF ORDER HEARING  OR  CONFERENCE  HAS  BEEN
 SCHEDULED,  THE COURT SHALL REVIEW THE EXPIRATION OF ORDER REPORT AT THE
 HEARING OR CONFERENCE. AT THE HEARING OR CONFERENCE, THE  CHILD  PROTEC-
 TIVE  AGENCY  SHALL  REPORT  TO THE COURT AND THE PARTIES, INCLUDING ANY
 NON-RESPONDENT PARENT AND  THE  CHILD'S  ATTORNEY,  ON  THE  STATUS  AND
 CIRCUMSTANCES  OF  THE CHILD AND FAMILY AND ANY ACTIONS TAKEN OR CONTEM-
 PLATED BY SUCH AGENCY WITH RESPECT TO SUCH CHILD AND FAMILY. THE HEARING
 OR CONFERENCE SHALL BE COMMENCED NO LATER THAN THIRTY  DAYS  BEFORE  THE
 EXPIRATION OF THE SUPERVISION ORDER.
   § 5. This act shall take effect immediately.