S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8481
 
                           I N  A S S E M B L Y
 
                              January 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the family court act and the  social  services  law,  in
   relation  to dispositional alternatives for children placed with local
   social services agencies as destitute minors

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (d) of section 1095 of the family court act, as
 amended by chapter 3 of the laws of 2012, is amended to read as follows:
   (d)  If the court sustains the petition pursuant to subdivision (b) of
 this section, it may immediately convene a dispositional hearing or  may
 adjourn  the proceeding for further inquiries to be made prior to dispo-
 sition provided however, that if a petition pursuant to article  six  of
 this  act has been filed by a person or persons seeking custody or guar-
 dianship of the child, or if a petition pursuant to article seventeen of
 the surrogate's court procedure act seeking guardianship  of  the  child
 has  been  filed,  the court shall consolidate the dispositional hearing
 with a hearing under section one thousand ninety-six  of  this  article,
 unless  consolidation  would not be appropriate under the circumstances.
 If the court does not  consolidate  such  dispositional  proceedings  it
 shall  hold  the  dispositional  hearing  under this section in abeyance
 pending the disposition of the petition filed pursuant to article six of
 this act or article seventeen of the surrogate's  court  procedure  act.
 Based upon material and relevant evidence presented at the dispositional
 hearing,  the  court  shall  enter  an  order of disposition stating the
 grounds for its order and directing one of the following alternatives:
   (1) placing the child in the care and custody of the  commissioner  of
 social services; [or]
   (2) granting an order of custody or guardianship to relatives or suit-
 able  persons  pursuant  to  a petition under article six of this act or
 guardianship of the child to a relative or suitable person under article
 seventeen of the surrogate's court procedure act and in accordance  with
 section one thousand ninety-six of this article; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09713-01-3
 A. 8481                             2
 
    (3)  FREEING  THE  CHILD  FOR  ADOPTION AND GRANTING GUARDIANSHIP AND
 CUSTODY TO THE COMMISSIONER OF  SOCIAL  SERVICES  FOR  THE  PURPOSES  OF
 CONSENTING  TO  AN  ADOPTION  WHERE  BOTH  OF  THE  CHILD'S  PARENTS ARE
 DECEASED, OR WHERE ONE OF THE CHILD'S PARENTS IS DECEASED AND THE  OTHER
 PARENT  IS  NOT  ENTITLED  TO CONSENT OR NOTICE PURSUANT TO SECTIONS ONE
 HUNDRED ELEVEN AND ONE HUNDRED ELEVEN-A OF THE DOMESTIC RELATIONS LAW OR
 SECTION THREE HUNDRED EIGHTY-FOUR-C OF THE SOCIAL SERVICES  LAW  AND  NO
 OTHER GUARDIAN OR CUSTODIAN HAS BEEN APPOINTED.
   §  2.  Section 1095 of the family court act is amended by adding a new
 subdivision (h) to read as follows:
    (H) IF THE CHILD HAS BEEN FREED FOR ADOPTION  PURSUANT  TO  PARAGRAPH
 THREE  OF  SUBDIVISION  (D) OF THIS SECTION, THE COURT SHALL INCLUDE THE
 FOLLOWING IN ITS ORDER:
   (1) A DATE CERTAIN FOR THE PERMANENCY HEARING IN ACCORDANCE WITH PARA-
 GRAPH TWO OF SUBDIVISION (A) OF SECTION ONE THOUSAND EIGHTY-NINE OF THIS
 ACT;
   (2)  A DIRECTION THAT THE CHILD BE PLACED TOGETHER WITH OR,  AT  MINI-
 MUM,  TO VISIT AND HAVE REGULAR COMMUNICATION WITH, HIS OR HER SIBLINGS,
 IF ANY, UNLESS CONTRARY TO THE BEST INTERESTS OF THE  CHILD  AND/OR  THE
 SIBLINGS;
   (3)  IF  THE  CHILD IS OR WILL BE FOURTEEN OR OLDER BY THE DATE OF THE
 PERMANENCY HEARING, THE SERVICES AND ASSISTANCE THAT MAY BE NECESSARY TO
 ASSIST THE CHILD IN LEARNING INDEPENDENT LIVING SKILLS; AND
   (4) A DIRECTION FOR THE COMMISSIONER OF SOCIAL SERVICES TO PROVIDE  OR
 ARRANGE  FOR  SERVICES    OR  ASSISTANCE, LIMITED TO THOSE AUTHORIZED OR
 REQUIRED TO BE MADE AVAILABLE UNDER THE  COMPREHENSIVE  ANNUAL  SERVICES
 PROGRAM PLAN THEN IN EFFECT, TO FACILITATE THE CHILD'S PERMANENCY PLAN.
   §  3.  Paragraphs  (b)  and (c) of subdivision 1 of section 398 of the
 social services law, paragraph (b) as added and paragraph (c) as amended
 by chapter 3 of the laws of 2012, are amended and a new paragraph (d) is
 added to read as follows:
   (b) report to the local criminal justice agency and to  the  statewide
 central  register  for  missing  children  as described in section eight
 hundred thirty-seven-e of the executive law such relevant information as
 required on a form prescribed by the commissioner  of  the  division  of
 criminal justice services, in appropriate instances; [and]
   (c) assume charge of and provide care and support for any child who is
 a  destitute  child  pursuant  to  paragraph (a) of subdivision three of
 section three hundred seventy-one of this article who cannot be properly
 cared for in his or her home, and if required, petition the family court
 to obtain custody of the child in accordance with article ten-C  of  the
 family court act[.]; AND
   (D)  CONSENT TO THE ADOPTION OF A CHILD WHOSE CUSTODY AND GUARDIANSHIP
 HAS BEEN TRANSFERRED TO A SOCIAL SERVICES DISTRICT  IN  ACCORDANCE  WITH
 SECTION  ONE  THOUSAND  NINETY-FIVE OF THE FAMILY COURT ACT OR PARAGRAPH
 (A) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHTY-FOUR-B  OF  THIS
 ARTICLE,  WHERE  THE  CHILD'S  PARENTS  ARE  BOTH DECEASED, OR WHERE ONE
 PARENT IS DECEASED AND THE OTHER  PARENT IS NOT ENTITLED TO  CONSENT  OR
 NOTICE  PURSUANT TO SECTIONS ONE HUNDRED ELEVEN AND ONE HUNDRED ELEVEN-A
 OF THE DOMESTIC RELATIONS LAW OR SECTION THREE HUNDRED EIGHTY-FOUR-C  OF
 THIS ARTICLE AND NO OTHER GUARDIAN OR CUSTODIAN HAS BEEN APPOINTED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.