S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10603
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the family court act and the  social  services  law,  in
   relation  to establishing procedures regarding orders of post-termina-
   tion visitation and/or contact between a child and such child's parent

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 634 of the family court act, as amended by chapter
 666 of the laws of 1976, is amended to read as follows:
   § 634. Commitment of guardianship and  custody;  further  orders.  The
 court  may  enter  an order under section six hundred thirty-one OF THIS
 PART committing the guardianship and custody of the child to  the  peti-
 tioner on such conditions, if any, as it deems proper, INCLUDING BUT NOT
 LIMITED  TO,  AN  ORDER  OF  POST-TERMINATION  VISITATION AND/OR CONTACT
 PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE  SOCIAL  SERVICES
 LAW.
   §  2.  Section  384-b  of the social services law is amended by adding
 five new subdivisions 14, 15, 16, 17 and 18 to read as follows:
   14. (A) UPON APPLICATION BY ANY  PARTY  TO  A  PROCEEDING  UNDER  THIS
 SECTION,  (I)  THE  COURT SHALL ORDER POST-TERMINATION VISITATION AND/OR
 CONTACT BETWEEN THE CHILD AND SUCH CHILD'S PARENT WHO IS A PARTY TO SUCH
 PROCEEDING ON SUCH TERMS AND CONDITIONS AS MAY BE  AGREED  UPON  BY  THE
 PARENT,  THE  CHILD, AND THE FOSTER PARENT OR AUTHORIZED AGENCY PRIOR TO
 THE ENTRY OF AN ORDER COMMITTING THE GUARDIANSHIP  AND  CUSTODY  OF  THE
 CHILD;  OR (II) IF ANY PARTY DOES NOT CONSENT, THE COURT MAY ORDER POST-
 TERMINATION VISITATION AND/OR CONTACT BETWEEN THE CHILD AND THE  CHILD'S
 PARENT  AFTER  A  HEARING AT WHICH THE COURT HAS DETERMINED THAT (A) THE
 PARTY'S CONSENT IS BEING UNREASONABLY WITHHELD; AND (B) POST-TERMINATION
 VISITATION AND/OR CONTACT WOULD BE IN THE BEST INTEREST OF THE CHILD.
   (B) THE HEARING TO DETERMINE WHETHER THE COURT SHOULD ENTER  AN  ORDER
 OF  POST-TERMINATION  VISITATION AND/OR CONTACT SHALL BE HELD EITHER (I)
 CONCURRENTLY WITH A DISPOSITIONAL HEARING HELD  IN  THE  PROCEEDINGS  TO
 TERMINATE  THE  PARENT'S  RIGHTS PURSUANT TO THIS SECTION; OR (II) IF NO
 DISPOSITIONAL HEARING IS HELD, SUBSEQUENT TO THE CLOSE OF THE FACT-FIND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10073-02-1
 A. 10603                            2

 ING HEARING ON THE UNDERLYING PETITION TO TERMINATE THE PARENT'S  RIGHTS
 AND  PRIOR  TO THE COURT'S ENTRY OF AN ORDER COMMITTING THE GUARDIANSHIP
 AND CUSTODY OF THE CHILD.  THE COURT SHALL NOT HOLD SUCH  A  HEARING  AT
 ANY OTHER TIME.
   (C)  PARENTS  AND CHILDREN WHO ARE PARTIES TO A TERMINATION PROCEEDING
 UNDER ARTICLE SIX OF THE FAMILY COURT ACT OR THIS SECTION,  AS  WELL  AS
 SUCH  CHILD'S  FOSTER  PARENTS, OR, IN THE CASE OF A CHILD WHO IS NOT IN
 THE CARE OF A FOSTER PARENT, THE AUTHORIZED AGENCY, SHALL HAVE NOTICE OF
 AND STANDING TO PARTICIPATE IN THE BEST INTEREST POST-TERMINATION  VISI-
 TATION AND/OR CONTACT HEARING.
   (D) THE APPLICANT SHALL HAVE THE BURDEN OF PROOF THAT (I) THE OPPOSING
 PARTY'S  CONSENT  HAS BEEN UNREASONABLY WITHHELD; AND (II) POST-TERMINA-
 TION VISITATION AND/OR CONTACT IS IN THE CHILD'S BEST INTEREST.
   (E) IF THE APPLICATION FOR POST-TERMINATION CONTACT  IS  DENIED  AFTER
 THIS  HEARING,  THE  APPLICANT SHALL NOT HAVE STANDING TO BRING THE SAME
 APPLICATION IN ANY OTHER PROCEEDING REGARDING THE SAME  CHILD.  HOWEVER,
 IF  THE  COURT  GRANTS  ANY VISITATION AND/OR CONTACT, AN APPLICATION TO
 MODIFY THE ORDER, UPON A SHOWING OF SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
 MAY STILL BE BROUGHT, PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   (F) THE COURT SHALL HAVE DISCRETION, DEPENDING ON THE  BEST  INTERESTS
 OF THE CHILD, TO DETERMINE THE NATURE OF ANY POST-TERMINATION VISITATION
 AND/OR CONTACT.
   (G)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, IN NO EVENT SHALL AN ORDER OF POST-TERMINATION  VISITATION  AND/OR
 CONTACT BE ENTERED WHERE A COURT HAS ENTERED A FINDING PURSUANT TO PARA-
 GRAPH  (A)  OR  (B)  OF  SUBDIVISION EIGHT OF THIS SECTION THAT A PARENT
 SEVERELY OR REPEATEDLY ABUSED THE CHILD, EXCEPT WHERE A COURT HAS DETER-
 MINED THAT THE PARENT SEEKING POST-TERMINATION VISITATION AND/OR CONTACT
 WAS NOT THE PERPETRATOR OF SUCH SEVERE OR REPEATED ABUSE OF SUCH CHILD.
   (H) IF THE CHILD IS OVER FOURTEEN YEARS OF AGE, THE  CONSENT  OF  SUCH
 CHILD TO POST-TERMINATION VISITATION AND/OR CONTACT IS REQUIRED.
   (I)  THE  COURT IN ITS ORDER SHALL INDICATE SUCH PERSON OR PERSONS WHO
 WERE GIVEN NOTICE OF THE PROCEEDING AND WHETHER SUCH PERSON  OR  PERSONS
 APPEARED.
   15.  ALL PARTIES TO A POST-TERMINATION VISITATION AND/OR CONTACT ORDER
 ENTERED PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION, AS WELL AS ANY
 PERSON WHO SUBSEQUENTLY BECOMES THE CHILD'S LEGAL GUARDIAN, CUSTODIAN OR
 ADOPTIVE PARENT, MAY MOVE THE COURT TO ENFORCE  OR  MODIFY  SUCH  ORDER.
 UPON  MOTION  FOR  MODIFICATION  BY  ANY SUCH PARTY, (I) THE COURT SHALL
 ENTER AN ORDER MODIFYING SUCH POST-TERMINATION VISITATION AND/OR CONTACT
 ORDER ON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES,
 OR, (II) IF ANY PARTY DOES NOT CONSENT, THE COURT  MAY  ENTER  AN  ORDER
 MODIFYING SUCH POST-TERMINATION VISITATION AND/OR CONTACT ORDER, AFTER A
 HEARING  AT  WHICH THE COURT HAS DETERMINED THAT (A) THE PARTY'S CONSENT
 IS BEING UNREASONABLY WITHHELD; AND (B) THE MODIFICATION WOULD BE  BASED
 ON  A  SHOWING  OF  A  SUBSTANTIAL  CHANGE IN CIRCUMSTANCES AND THE BEST
 INTERESTS OF THE CHILD.
   16. NOTHING IN SUBDIVISION FOURTEEN OR FIFTEEN OF THIS  SECTION  SHALL
 BE  CONSTRUED  TO  LIMIT THE RIGHTS OF HALF-SIBLINGS OR SIBLINGS TO SEEK
 CONTACT PURSUANT TO SUBDIVISION NINE OF THIS SECTION OR  SECTION  SEVEN-
 TY-ONE OF THE DOMESTIC RELATIONS LAW FOLLOWING A TERMINATION OF PARENTAL
 RIGHTS OR ADOPTION.
   17.  THE FAILURE OF AN AUTHORIZED AGENCY OR A CHILD'S FOSTER PARENT OR
 ANY OTHER PERSON WHO SUBSEQUENTLY BECOMES THE  CHILD'S  LEGAL  GUARDIAN,
 CUSTODIAN  OR  ADOPTIVE  PARENT TO COMPLY WITH THE TERMS OF THE ORDER OF
 POST-TERMINATION VISITATION AND/OR CONTACT SHALL NOT CONSTITUTE A  BASIS
 A. 10603                            3
 
 FOR INVALIDATING EITHER THE ORDER COMMITTING THE GUARDIANSHIP AND CUSTO-
 DY  OF  THE  CHILD TO THE PETITIONER OR ANY SUBSEQUENT ORDER OF ADOPTION
 REGARDING SUCH CHILD.
   18. UNLESS A STAY OF ADOPTION PROCEEDINGS IS GRANTED BY A JUDGE OF THE
 FAMILY  COURT OR APPELLATE COURT, AN APPEAL FROM ANY ORDER REGARDING THE
 APPLICATION FOR POST-TERMINATION VISITATION  AND/OR  CONTACT  SHALL  NOT
 PROVIDE A BASIS FOR DELAYING THE FINALIZATION OF A CHILD'S ADOPTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.