Provides that the return of certain children to the care and custody of the parent, parents or guardian shall be done pursuant to a transition plan

BILL NUMBER:S1617

Title of bill

An act to amend the social services law, in relation to the return of a child to the care and custody of his or her parent, parents or guardian

Purpose

This legislation would require the court to establish a transition plan for the return of a child who has been in the custody of social services and has not been visited by their parent, parents or guardian for a period of six months or more.

Summary of provisions

Section one amends subdivision 7 of § 358-a of the Social Services Law which concerns the return of a dependent child in foster care to their parent, parents or guardian. This bill would require the inclusion of a transition plan in the instrument returning the dependent child when the child has been in the custody of social services and has not been visited by their parent(s) or guardian for a period of six months or more. The transition plan would consist of a series of visits over a period of time determined by the court, on a case by case basis to prepare the child for their return to the parent(s) or guardian.

Section two amends subdivision 2 of § 384-a of the social services law which concerns the terms of the transfer of care and custody of children to reflect the same requirements as required by section one of this bill.

Justification

While an abandonment proceeding may be brought after six months without contact or visits between the child and parent or guardian, it is not always in the best interest of the child to do so. Therefore, some children are returned to their parent or guardian after a period of time without having visited the parent or guardian. In these situations, the child's return can be a very traumatic time for the child, especially if the child is an infant or toddler. A transition period where visits between the parent or guardian and the child would emotionally assist the child as they prepare to return to the custody of their parent or guardian.

The duration and number of visits necessary for the child to prepare will be different for each child and each situation, therefore the transition plan would be left to the court that has been involved with the parties to determine the plan in the best interests of the child.

Legislative history

S.1752 2013-14; S.3517 2011-12; S.2476 S.2009-10; S.1663, 2007-08; S.910, 2005-06;

S.3041, 2003-04; S.7145, 2001-02.

Fiscal implications

Minimal to the state, as the duration of a child's foster care placement does not necessarily need to be extended to meet the requirements of this bill.

Effective date

This act shall take effect 30 days after it shall have become a law.