S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5394
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by 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)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04475-01-3
              

 A. 5394                             2
 
 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-
 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.
 A. 5394                             3
 
   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
 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.