Senate Bill S478

2023-2024 Legislative Session

Establishes the kinship legal network program in the office of children and family services

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • 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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Bill Amendments

co-Sponsors

2023-S478 - Details

Current Committee:
Senate Finance
Law Section:
Family Court Act
Laws Affected:
Add §501-i, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5434
2021-2022: S6074

2023-S478 - Summary

Establishes the kinship legal network program in the office of children and family services to provide legal services to kinship caregivers.

2023-S478 - Sponsor Memo

2023-S478 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    478
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to expanding the right
   to  assistance  of counsel to include petitioner kinship caregivers in
   custody and guardianship proceedings and respondents  in  guardianship
   proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 262 of the family court act,  as
 added  by  chapter  682  of  the  laws of 1975, the opening paragraph as
 amended by section 3 of part A of chapter 3 of the laws of  2005,  para-
 graphs  (i) and (iv) as amended and paragraph (ix) as added by chapter 3
 of the laws of 2012, paragraph (ii) as amended by  chapter  693  of  the
 laws  of  1981, paragraph (iii) as amended by chapter 666 of the laws of
 1976, and paragraph (viii) as added by chapter 456 of the laws of  1978,
 is amended to read as follows:
   (a)  Each  of  the persons described below in this subdivision has the
 right to the assistance of counsel. When such person  first  appears  in
 court,  the  judge shall advise such person before proceeding that he or
 she has the right to be represented by counsel of his or her own  choos-
 ing,  of the right to have an adjournment to confer with counsel, and of
 the right to have counsel assigned by the court in any case where he  or
 she is financially unable to obtain the same:
   (i)  the  respondent  in  any proceeding under article ten or ten-A of
 this act and the petitioner in any proceeding under part eight of  arti-
 cle ten of this act;
   (ii) the petitioner and the respondent in any proceeding under article
 eight of this act;
   (iii)  the  respondent  in  any proceeding under part three OR FOUR of
 article six of this act;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00507-01-3
 S. 478                              2
              

co-Sponsors

2023-S478A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Family Court Act
Laws Affected:
Add §501-i, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5434
2021-2022: S6074

2023-S478A (ACTIVE) - Summary

Establishes the kinship legal network program in the office of children and family services to provide legal services to kinship caregivers.

2023-S478A (ACTIVE) - Sponsor Memo

2023-S478A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  478--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, HARCKHAM -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Judiciary --
   recommitted to the Committee on Judiciary in  accordance  with  Senate
   Rule 6, sec. 8 -- reported favorably from said committee and committed
   to  the  Committee  on  Finance -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   kinship legal network program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  501-i
 to read as follows:
   §  501-I.  KINSHIP  LEGAL  NETWORK PROGRAM. 1. THERE IS HEREBY CREATED
 WITHIN THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  A  KINSHIP  LEGAL
 NETWORK PROGRAM. SUCH PROGRAM SHALL BE COMPRISED OF NOT-FOR-PROFIT LEGAL
 SERVICES ORGANIZATIONS AND NOT-FOR-PROFIT AGENCIES SERVING KINSHIP CARE-
 GIVERS,  AS  DEFINED  BY SUBDIVISION TWENTY-TWO OF SECTION THREE HUNDRED
 SEVENTY-ONE OF THE SOCIAL SERVICES LAW.
   2. THE KINSHIP LEGAL NETWORK PROGRAM SHALL:
   (A) PROVIDE LEGAL REPRESENTATION  TO  KINSHIP  CAREGIVERS  IN  MATTERS
 INCLUDING, BUT NOT LIMITED TO:
   (I) CUSTODY AND GUARDIANSHIP;
   (II) CHILD SUPPORT;
   (III) ABUSE AND NEGLECT;
   (IV) ADOPTION;
   (V)  ELIGIBILITY  FOR  PUBLIC BENEFITS, INCLUDING, BUT NOT LIMITED TO,
 PUBLIC ASSISTANCE AND SUPPLEMENTAL NUTRITION  ASSISTANCE  PROGRAM  BENE-
 FITS; AND
   (VI) FOSTER CARE CERTIFICATION; AND
   (B)  ESTABLISH  AND  COORDINATE  A  STATEWIDE  KINSHIP INFORMATION AND
 REFERRAL NETWORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00507-02-4
              

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