What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the family court act and the social services law, in relation to destitute children in child protective and permanency proceedings in the family court; and to repeal certain provisions of the family court act relating thereto
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee.
Prior to enactment of omnibus permanency legislation in 2005 L. 2005, c. 3 . proceedings to initiate and review the placement of destitute children in foster care were commenced by petitions brought pursuant to section 392 of the Social Services Law. That legislation, however, repealed section 392, leaving no procedural vehicle for placement of such children into foster care, where necessary, and for periodic review of that placement. Accordingly, this measure would amend Article 10 of the Family Court Act to create a new no-fault cause of action to serve as that vehicle. Recognizing that, as the definition of "destitute child" in section 371 of the Social Services Law specifies, this status arises through no fault of the parents - that is, where there are no parents who can be held financially responsible for the child's support - the measure would designate "destitute" child as a category of child in need of protection as distinct from an "abused" or "neglected" child. In so doing, the measure would provide the procedural vehicle for fulfilling the State Constitutional mandate to provide care and assistance to the needy. See N.Y. Constitution, Art. XVII.
Read the full memo (675 words)
That destitute children currently fall into a procedural void is clear from the recent case of Matter of Nurayah J., 41 A.D.3d 477 (2d Dept., 2007). In that case, a mother, who was herself a foster child, was charged with neglect of her baby. The Appellate Division, Second Department, found that Family Court properly dismissed the neglect charge as without merit, but held the county responsible for caring for the baby as a destitute child under sections 371 and 398 of the Social Services Law. However, neither of those provisions delineate any court process for approving and periodically reviewing placement of such a child. Thus, although the county is responsible, Family Court has no means of ensuring that appropriate plans are made for the child either to be reunified with parents, cared for by relatives, placed for adoption or provided with transitional or independent living services. This measure would fill this statutory gap.
The measure would establish "destitute child," as the term is defined in section 371 of the Social Services Law, as a discrete category of child protective proceeding, with the attendant due process protections for parents and children that apply in all proceedings brought under Article 10 of the Family Court Act and with the social services, casework and permanency planning applicable to those proceedings. It would specifically authorize temporary placements upon the parents' consent, pursuant to section 1q21 of the Family Court Act, as well as each of the dispositional alternatives available in section 1052 of the Act. Further, section 1051 of the Act would be amended to include a discrete finding that a child is "destitute," as distinct from "abused" or "neglected." Where a destitute child is .. placed, pursuant to section 1055 of the Act, the placement would be reviewed, as are all other placements, through permanency hearings under Article 10-A and the child and family would have all of the rights to services and planning applicable under the permanency statute. Similar amendments would be made to section 398 of the Social Services Law to delineate the responsibility of local social services
departments to provide care and support for destitute children and, in appropriate cases, to petition the Family Court.
Finally, the measure would repeal section 1059 of the Family Court Act, as it is anachronistic and conflicts with more recent legislation regarding abandoned children.
This measure would take effect immediately.
2008 LEGISLATIVE HISTORY :
S.4544 (Social Services, Children + Families Comm.)/A.8750 (3rd reading)
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.