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See Bill Text
A07223 Summary:SAME AS Same as S 4060-A
SPONSOR Scarborough
COSPNSR Benjamin, Clark, Towns, Englebright, Perry
MLTSPNSR Christensen, Lupardo
Amd SS1017, 1027, 1052 & 1055, add SS1028-a & 1052-c, Fam Ct Act; amd S358-a,
Soc Serv L
Provides that a relative of a child who has been in foster care for less than
twelve months may petition for custody of such child and shall be awarded
custody unless the court finds it is not in the best interests of the child.
A07223 Actions:04/08/2005 referred to children and families
06/15/2005 reported referred to rules
06/15/2005 amend (t) and recommit to rules
06/15/2005 print number 7223a
06/16/2005 reported
06/16/2005 rules report cal.457
06/16/2005 ordered to third reading rules cal.457
06/20/2005 substituted by s4060a
S04060A AMEND= MEIER
04/06/2005 REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
05/04/2005 1ST REPORT CAL.846
05/09/2005 2ND REPORT CAL.
05/10/2005 ADVANCED TO THIRD READING
06/15/2005 AMENDED ON THIRD READING (T) 4060A
06/20/2005 PASSED SENATE
06/20/2005 DELIVERED TO ASSEMBLY
06/20/2005 referred to children and families
06/20/2005 substituted for a7223a
06/20/2005 ordered to third reading rules cal.457
06/20/2005 passed assembly
06/20/2005 returned to senate
09/09/2005 DELIVERED TO GOVERNOR
A07223 Votes:
A07223 Memo: TITLE OF BILL : An act to amend the family court act and the social
services law, in relation to custody of minors in foster care
PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to facilitate relative placements of
children who have been placed in foster care.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 would require when the court determines that a child needs
to be removed during a child protective proceeding, the court will
direct the local social services agency to conduct a search for a
non-respondent parent or other suitable relative for possible
placement.
Section 2 would require that upon order of removal, the court will
inquire about efforts to find relatives and if a relative who is
willing to be the foster parent has been identified, the agency will
do an investigation of their home within 24 hours of the order of
removal and expedite the foster parent certification process if
appropriate.
Section 3 would require a hearing if the agency has refused to place
the child in the relative`s home for other reasons than the relatives
failure to qualify as a foster parent; the court will make a placement
decision based on the best interest of the child and can order the
agency to expedite the foster parent certification process if
appropriate.
Section 4 requires the court, upon making a placement decision, to
determine if the agency completed the search for a non-responsive
parent or other suitable relative.
Section 5 requires the agency to report to the court the results of
their search for a nonresponsive parent or other suitable relative in
regards to the placement of the child.
Section 6 gives discretion to the court to order the child placed in
the care of a relative and order the local social services agency to
conduct a diligent search for a non-respondent parent or other
suitable relative, to complete the investigation of a relative`s
household within 24 hours and to expiate the foster care certification
process.
Section 7 require the agency to provide in the petition for placement
information about the search for a non-responsive parent or other
suitable relative.
Section 8 require the agency to commence a search for a non-responsive
parent or other suitable relative when transferring care and custody
of a child.
Section 9 provides for an effective date of 90 days after enactment.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill amends the Family Court Act and the Social Services Law and
expands the responsibilities of local social services districts in
regards to the placement of children in foster care when the foster
parent is a non-repondent parent or other relative and includes
reporting requirements during a placement hearing.
JUSTIFICATION :
Many relatives, including a child`s grandparents, are often willing
and able to assume custody of a child in their family when that child
has been placed in foster care. Such kinship placements often ensure
that the child is being cared for in a safe environment while
facilitating continued contact with the child`s extended family.
However, some local departments of social services have become
hesitant to place children who are suspected to be victims of abuse or
neglect with any other member of that child`s family. This bill is
necessary to provide these families with the tools that they need to
obtain custody of the children within their families who have been
placed in foster care, but could be safely cared for in a home with
their relatives.
PRIOR LEGISLATIVE HISTORY :
2004: A.11038 (Green) Referred to Children and Families
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Localities may realize a savings if the relatives who obtain custody
do not choose to become certified as foster parents.
EFFECTIVE DATE :
90 days after enactment.
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