S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8059
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the family court act, in relation to an application of a
   relative to become a foster parent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1028-a of the family court act, as added by chapter
 671 of the laws of 2005, paragraphs (iii) and (v) of subdivision (a) and
 subdivision (c) as amended by chapter 12 of the laws of 2006, is amended
 to read as follows:
   § 1028-a. Application of a relative to become  a  foster  parent.  (a)
 Upon  the application of a relative to become a foster parent of a child
 in foster care, the court shall,  subject  to  the  provisions  of  this
 subdivision,  hold  a  hearing  to determine whether the child should be
 placed with a relative in foster care. Such hearing shall only  be  held
 if:
   (i)  the  [relative]  PERSON  is  related  [within the third degree of
 consanguinity to either parent] TO THE CHILD AS  DESCRIBED  UNDER  PARA-
 GRAPH  (A),  (B),  OR  (C)  OF SUBDIVISION THREE OF SECTION FOUR HUNDRED
 FIFTY-EIGHT-A OF THE SOCIAL SERVICES LAW;
   (ii) the child has been temporarily removed under this part, or placed
 pursuant to section one thousand fifty-five of this article, and  placed
 in non-relative foster care;
   (iii) the relative indicates a willingness to become the foster parent
 for  such  child  and  has  not refused previously to be considered as a
 foster parent or custodian of the  child,  provided,  however,  that  an
 inability  to  provide  immediate  care  for  the child due to a lack of
 resources or  inadequate  housing,  educational  or  other  arrangements
 necessary  to  care  appropriately  for the child shall not constitute a
 previous refusal;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13095-02-9
              

 A. 8059                             2
 
   (iv) the local social services district has refused to place the child
 with the relative for reasons other than the relative's failure to qual-
 ify as a foster parent pursuant to the  regulations  of  the  office  of
 children and family services; and
   (v)  the  application  is  brought within six months from the date the
 relative received notice that the child was being removed  or  had  been
 removed  from  his  or her home and no later than twelve months from the
 date that the child was removed.
   (b) The court shall give due consideration  to  such  application  and
 shall make the determination as to whether the child should be placed in
 foster care with the relative based on the best interests of the child.
   (c)  After  such  hearing,  if  the court determines that placement in
 foster care with the relative is in the best interests of the child, the
 court shall direct the local commissioner of social  services,  pursuant
 to  regulations  of  the  office  of  children  and  family services, to
 commence an investigation of the home of the relative within twenty-four
 hours and thereafter expedite approval or certification  of  such  rela-
 tive,  if  qualified,  as  a  foster parent. No child, however, shall be
 placed with a relative prior to final approval or certification of  such
 relative as a foster parent.
   § 2. This act shall take effect immediately.