NY State Senate Bill 2019-S6405

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 29, 2019	signed chap.434
Oct 17, 2019	delivered to governor
Jun 18, 2019	returned to senate passed assembly ordered to third reading rules cal.301 substituted for a8059
Jun 17, 2019	referred to children and families delivered to assembly passed senate ordered to third reading cal.1458
Jun 07, 2019	referred to rules

Votes

- Jun 17, 2019 - Floor Vote
  S6405
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 17, 2019 - Rules Committee Vote
  S6405
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

co-Sponsors

2019-S6405 (ACTIVE) - Details

See Assembly Version of this Bill:: A8059
Law Section:: Family Court Act
Laws Affected:: Amd §1028-a, Fam Ct Act

2019-S6405 (ACTIVE) - Summary

Provides that upon the application of a relative to become a foster parent of a child in foster care, the court shall hold a hearing to determine whether the child should be placed with a relative in foster care only if the person is related to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law and if other circumstances are present.

2019-S6405 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6405

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the family court act, in relation to
an application of a relative to become a foster parent

 
PURPOSE:

This bill amends family court act section 1028-a to include all persons
who are related to children as described under paragraph (a), (b), or
(c) of subdivision three of section four hundred fifty-eight-a of the
social services law, and who meet section 1028-a requirements, as eligi-
ble to apply to become foster parents.

 
SUMMARY OF PROVISIONS:

Section 1028-a(a)(i) defines who may apply to become a foster parent
under the circumstances describes in the section. Currently, applicants
are limited to relatives who are related within the third degree of
consanguinity to either parent. This class of applicants excludes non-
blood relatives, such as step-grandparents and "fictive" kin, who are

included in the class of kinship foster parents who may exit foster care
and become kinship guardianship with subsidies pursuant to social
services law section 458-a thru 458-f.

 
JUSTIFICATION:

Expansion of the defined eligible class will conform kin who may peti-
tion under section 1028-a to the same class of kin who are defined as
kin who may become foster parents and subsequently qualify for the
kinship guardian assistance program.

Numerous child welfare provisions and regulations express the preference
for relatives to become foster parents, and the class of persons who are
considered as relatives, has expanded over time to the current social
services law section 458-a definition.

Relatives and "fictive" kin are described as eligible for the kinship
guardianship assistance program (SSL 458-a thru 458-f), known as KinGAP.
This program allows kinship foster parents to exit foster care, become
guardians, and continue to receive payments similar to foster care
payments when the local department concludes that a child in kinship
foster care cannot be adopted nor returned to their parent(s).

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect in 180 days.

2019-S6405 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6405
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 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

 S. 6405                             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.

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Senate Bill S6405

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 17, 2019 - Floor Vote

Floor Vote: Jun 17, 2019

Jun 17, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2019

co-Sponsors

2019-S6405 (ACTIVE) - Details

2019-S6405 (ACTIVE) - Summary

2019-S6405 (ACTIVE) - Sponsor Memo

2019-S6405 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6405

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - Signed by Governor

co-Sponsors

John C. Liu

2019-S6405 (ACTIVE) - Details

2019-S6405 (ACTIVE) - Summary

2019-S6405 (ACTIVE) - Sponsor Memo

2019-S6405 (ACTIVE) - Bill Text download pdf

Comments